International Journal of Law Reconstruction
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
Articles
153 Documents
<![CDATA[RECONSTRUCTION OF DETENTITON REGULATION AGAINST A SUSPECT OR DEFENDANT IN ACCORDANCE WITH CIVIL CODE BASED ON JUSTICE ]]>
<![CDATA[muhammad khambali]]>
<![CDATA[ International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v1i1.2410
<![CDATA[Detention is a criminal act of deprivation of freedom which is one of the criminal forms stipulated in the Criminal Code. The mechanisms of detention have been organized according to the Criminal Procedure Code. Mistakes in detention can lead to fatalities for many parties including people who execute the detention. The impact of detention on suspects/defendants is not only felt by suspects/defendants, but also it is felt by families of suspects/defendants, communities, and countries.]]>
<![CDATA[RESERVATION SYSTEM WITH THE PAN AMERICAN ROUND AND CASES RESERVATIONS ON 1951 GENOCIDE CONVENTION ]]>
<![CDATA[Yaya Kareng]]>;
<![CDATA[Hartanto Hartanto]]>;
<![CDATA[Choirul Anam]]>
<![CDATA[ International Journal of Law Reconstruction Vol 3, No 1 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v3i1.4368
<![CDATA[A reservation is a unilateral statement made by a State at the time of signing, accept, ratify, ratify or accede to the treaty, which is the main content is to issue or to modify the legal effect of certain provisions in its enforcement against the State (KW 1969). Initially reservation (requirements) are defined differently based subjects that provide definition. As for the definition independent of the reservation that in general it is a unilateral statement put forward by a country at the time expressed consent to be bound by a treaty, which said "Refuse to accept or recognize or do not want to be tied to, or unwilling to accept the legal consequences of one or more provisions of the agreement, or to modify or customize the content or provide its own meaning on one or more provisions of the agreement in accordance with the needs of the country ", dissent is possible if there is no commonly agreed definition.]]>
<![CDATA[REVITALIZATION OF INDONESIAN ULEMA COUNCIL FATWA ABOUT INTELLECTUAL PROPERTY PROTECTION ]]>
<![CDATA[Nugraha Pranadita]]>
<![CDATA[ International Journal of Law Reconstruction Vol 4, No 2 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v4i2.9875
<![CDATA[In the current era of global globalization, there is not a single country in the world that can live alone. One issue that can disrupt relations between nations in the world is related to the protection of Intellectual Property Rights (IPR). This is due to the economic value of the use of IPR that can increase the country's competitiveness in international relations. Increasing IPR protection is a necessity to increase the creativity and productivity of the community, while at the same time increasing the trust of the international community which is ultimately expected to encourage the development of the national economy. One effort to improve IPR protection in Indonesia is to revitalize the fatwa of the Indonesian Ulema Council on IPR protection so that it can keep abreast of the times and can provide a deterrent effect to perpetrators of criminal acts of IPR violations, especially those who are Muslim. That is because his actions are contrary to Islamic law, so it is appropriate and should be sentenced both in the world and in the hereafter. The purpose of the preparation of this manuscript is to encourage changes to the MUI fatwa on IPR protection. This research is a normative legal research using the statutory and conceptual approach. The results of this study are the draft changes to the substance of the MUI fatwa on IPR Protection.]]>
<![CDATA[LEGAL PROTECTION ON CHILDREN AS A VICTIMS OF SEXUAL VIOLENCE BASED ON PROGRESSIVE LAW ]]>
<![CDATA[etik purwaningsih]]>
<![CDATA[ International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v1i1.1640
<![CDATA[Sexual violence happened to children are often occurred, after the emergence of sexual cases in Jakarta International School (JIS). It began to arise attention to child victims of sexual violence. This paper aims to provide a review of the protection on child victims of sexual violence at this time. With the sociological juridical method, the primary data were obtained from direct interviews with law enforcement officers, while secondary data were obtained from literature references. The result shows that the legal protection does not pay attention on children as victim. The legal protection for children as victim sexual violence is expected to give punishment to the criminals in the form of payment of compensation to the victim whose amount is determined in the court, or fulfillment of the obligation of the Local custom or legal obligations that live in society or social and mental rehabilitation. If the convicted person tries to avoid giving the compensation, the convicted person is not entitled to a reduction in the criminal term and does not get conditional released.]]>
<![CDATA[USING POLITICAL RIGHTS LEGAL LIABILITY IN SELECT THE OPERATION OF ELECTORAL SHURA (ELECTIONS) IN INDONESIA ]]>
<![CDATA[Nur’l Yakin Mch]]>
<![CDATA[ International Journal of Law Reconstruction Vol 2, No 2 (2018): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v2i2.3259
<![CDATA[The increasing number of White Group (Abstentions) in every election in Indonesia which is the country's lack of nomokratic indicates people in using their voting rights. When attempts were made government in various ways such as dissemination of the importance to follow the election, but still a high percentage of non-voters there are indications tend to increase. Not only that, a lot of people who misinterpret and fail to understand what is meant in the legislation on the use of the right to vote in the election, it may be because the law is written textual status right but not the obligation to vote. While the Shura offer an alternative in solving this problem, namely the implementation of laws obligation to choose a leader.]]>
<![CDATA[LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v4i1.9634
<![CDATA[Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.]]>
<![CDATA[LEGAL PROTECTION OF THE CREDITOR ON FIDUCIARY GUARANTEE OBJECTS UNLISTED IN THE FIDUCIARY REGISTRATION OFFICE ]]>
<![CDATA[Sanusi Sanusi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v1i1.1636
<![CDATA[The aim of this study was to analyze the legal protection of the creditor and their weaknesses on the fiduciary guarantee objects unlisted in the current Fiduciary Registration Office. This study is a normative legal research or also called doctrinal legal research. This research will use facts that describe the legal protection of the creditor on the fiduciary guarantee objects unlisted in the current fiduciary registration office, the weaknesses of legal protection of the creditor on the fiduciary guarantee objects unlisted in the current fiduciary registration office, and the reconstruction of the legal protection of the creditor on the fiduciary guarantee unlisted in the fiduciary registration office based on the value of justice. The result of the research is that the Government should immediately establish the Supervisory Agency and Execution of Fiduciary Guarantee Objects based on Government Regulation in Lieu of Law and other legislation.]]>
<![CDATA[LEGAL PROTECTION ON INDONESIAN LABOR IN ABROAD ]]>
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v2i1.2977
<![CDATA[The number of cases of migrant workers abroad need to establish protection which is able to overcome the problems or issues that have so far linked with the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. As stipulated in the Act no. 39 2004 Article 6 that the government is responsible for enhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers without pressure from other parties. In order to protect workers, it is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers, it is not only the duty of the minister of labor alone, but also the duty of the foreign minister. This is in accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations, which is representative of the Republic of Indonesia is obliged to provide care, protection and legal aid to citizens and legal entities abroad Indonesia in accordance with national legislation and international law and practice.]]>
<![CDATA[INTERNATIONAL LAW OF SEA PIRACY ]]>
<![CDATA[Muhammet Ebuzer Ersoy]]>
<![CDATA[ International Journal of Law Reconstruction Vol 3, No 2 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v3i2.7791
<![CDATA[Sea piracy, or piracy, is robbery conducted in sea, or sometimes in beach. It could be said that history of piracy occurs simultaneously with history of navigation. Where there are ships transporting merchandise, appears pirates are ready to have it forcibly. It has been known since the time of the occurrence of piracy Greece ancient. Included in the era Roman republic experienced piracy by the sea robbers. Since then they plow all the ships that are currently floating in the ocean near Borneo and Sumatra. However, the best in its long history written on 16th-17th century and it called as the golden age of pirates. But, the piracy not only in the past era, in the modern era as today, the piracy still exist as the criminal case in Somalia in 1990-2011, Philipine in 2016-2017, Dhobo accident in 2019 etc. The piracy is also can be called as Hostis Humani Generis it is mean the piracy is the enemy of all humans. The piracy ruled in UNCLOS articles 101-110 and in Indonesia is ruled in Criminal Law article 439-440. This article explains the international law of sea piracy, hostage release procedure and court procedure in International Criminal Court (ICC) and international punishment for pirate.]]>
<![CDATA[RECONSTRUCTION OF EXECUTIVE AND LEGISLATIVE AUTHORITIES TO MAKE A GOOD GOVERNANCE BASED ON WELFARE VALUES ]]>
<![CDATA[muhammad khamim]]>
<![CDATA[ International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v1i1.2411
<![CDATA[The executive and legislative powers of good governance based on welfare values imply that the executive and legislative bodies as the state organizers and the bearers of the mandate to manage public affairs should prioritize the general interests and safeguard the public good over many individual and group interests. The executive and legislative authorities in realizing good governance have not worked well due to the practice of extraterrestrial partnership relations, especially in terms of APBD (Regional Budget) arrangements that seem to promote personal or group interests. The role of function is large enough to cause conflict between the executive and legislative (local government), especially the head of the region.]]>
