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INDONESIA
Journal of Indonesian Legal Studies
Published by Universitas Negeri Semarang
ISSN : 25481584     EISSN : 25481592     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the law has a power to sanction and punish the unlawful members of society. As a social engineering, law is intended to create an ideal society in accordance with, again, particular values and norms agreed upon by the community. Hence, law is not for law. Law is created to serve human beings. Law is introduced for the well-being of the society members. As the law is for human, and human’s situations and problems are changing, then law also needs to change and adapt to the context of the times. Here, the concept of legal reform is a key. Every society, including the Indonesian society, sometimes needs to reform the law to make it more relevant and suitable for the needs of the society.
Arjuna Subject : -
Articles 28 Documents
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Search results for , issue "Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective" : 28 Documents clear
Human Attitude and Technology: Analyzing a Legal Culture on Electronic Court System in Indonesia (Case of Religious Court) Latifiani, Dian
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.44450

Abstract

The use of technology for the judiciary is now a necessity. In Indonesia, information technology is used for court administration to achieve fast, simple, and low-cost trials. The Supreme Court issued a Supreme Court Regulation as the legal basis for the administration of administration and electronic trials. This is done to make it easier for people to seek justice. The electronic court began in 2018. Its implementation is carried out in stages, starting with certain religious courts as an introduction. Subsequently carried out for all Religious Courts in Indonesia. The problems of this study are: (i) the condition of the religious court from the perspective of legal culture, (ii) reforming the religious court in the perspective of legal culture, (iii) renewing the legal culture of religious courts using an electronic system / E court. The social setting is the Office of PA Kendal class 1 A and PA Pemalang Class 1 A. The study shows; (i) The reality of the number of case registrations in 2019 at the Kendal Religious Court Class 1A shows that the legal culture of registering using the E-Court is 117 cases (3.4%) whereas 5 cases litigation (0.13%). The reality of the legal culture of case registration at the Pemalang Religious Court Class 1A with E Court totaling 94 cases (1.8%). Whereas the legal culture of the trial by e-litigation at the Pemalang Religious Court since the issuance of Perma 1 of 2019 has only 4 cases (0.1%), (ii) the development of legal culture in the electronic system of religious courts is carried out by developing an internal and external legal culture in terms of pre-registration, court administration, trial. Development of an internal legal culture for judges, e-court operator officers, e-court corner officers, public service officers to invite justice seekers to use e-court in its resolution. The service officer also helps justice seekers to make an email as an electronic domicile as a requirement for e-court registration. Development of an external legal culture through socialization. Socialization for advocates is carried out through media meetings, flyers, and online web media. As well as mandatory online / e-court registration. Development of external culture for the community (other users) at the village level in the jurisdiction of the local religious court. The effort is to work at the village level to conduct socialization about electronic courts in the village by the Religious Courts.
Legal Protection of Indigenous People's Rights Through Strengthening the Licensing Principles Based on Social Sensitivity Aditya, Zaka Firma; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.44671

Abstract

The issue of human rights in Indonesia towards the 21st century has shifted from violations committed by the government during the new order to the issue of human rights violations by multinational companies (corporate crime), because of natural resources exploitation is directly proportional to the increase in human rights violations. Many cases of human rights violations by business actors that occur in the form of annexation and seizure of indigenous peoples land that occurs every year. One of the causes of the many cases of human rights violations against indigenous peoples is due to the loosening of permits given by the government to companies wishing to exploit natural resources. Strengthening the Permits principle can be used as a strategic step in reducing the number of violations of poverty that occur to indigenous peoples. Permits used as a means of controlling human behavior which results in rights and obligations born of licenses.
Human Rights and Business: Human Rights Violations in the Outsourcing Industry in Modern Business Indonesia Arifin, Saru
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.45841

Abstract

This article analyzes outsourcing job practice in contemporary business activities in Indonesia, focusing on types and factors that contribute to human rights abuse in the outsourcing business, based on academic literature and regulations on business and human rights. In today's Indonesian labor market, outsourcing jobs are a kind of phantom. Laborers risked not receiving adequate wages, work insurance, or equal bargaining power with the outsourcing company under this job recruitment system. Laborers' associations protested almost every May Day moment, demanding that the outsourcing job system be abolished. They also demanded to be hired directly by the company rather than by the outsourcing firm. Unfortunately, the government responded to the demand by enacting the Workforce Act No. 13 of 2013. This law endorsed outsourcing with specific requirements that provide clear guidance for both employers and employees. However, in practice, companies frequently break outsourcing roles by hiring workers to staff their core business activities. On the other hand, outsourcing corporations also violate the Act's basic rights for outsourcing laborers. As a result, it implies human rights violations. Laborers were frequently threatened with losing their right to a healthy working environment, being fired from their contract without consultation, and having their fundamental rights violated. Human rights violations in outsourcing job activities are primarily caused by a lack of government oversight and law enforcement.
Striking A Balance Between Legal Certainty, Justice And Utility To End The Clash Between Bankruptcy And Criminal Proceedings In Court Decision No. 11/Pdt.Sus-Gugatan Lain-lain/2018/PN.Jkt.Pst and No. 3 K/Pdt.Sus-Pailit/2019 Nelson, Febby Mutiara; Sondang, Esther Melinia
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.45979

Abstract

The clash between bankruptcy and criminal proceedings is one of the obstacles which has been long faced by law enforcement officials. One of many examples of the intersection of the two proceedings is the case between the Bankruptcy Trustees of KSP Pandawa Mandiri Group dan Nuryanto with Depok District Attorneys. The case caused issues with the confiscated assets that were the objects in the bankruptcy and criminal court decisions. It stemmed from the conflict between provisions in Indonesian Bankruptcy Act and Criminal Procedure Code. This Note was conducted to analyze the judges' judicial decision-making concerning the three aspects of legal certainty, justice and utility as one way to resolve the conflict of norms. Generally, the Commercial Court and Supreme Court decisions have complied with the regulations of the prevailing laws and legal principles. However, the judgments are still not comprehensive and not quite right in the decisions. The Panel of Judges should not only stick on the legal certainty aspect but also the justice and utility aspects. Concerning the three aspects, the bankruptcy assets in the case should be handed over to the Bankruptcy Trustees.
National Heritages and the Law, A Book Review “Perlindungan Negara atas Warisan Budaya Bangsa”, Dr. Diah Imaningrum Susanti, S.H., M.Hum, M.Pd, Setara Press Malang, 2018, 192 Pages, ISBN: 978-602-6344-53-3 Helmi, Hanif
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.34792

Abstract

The obligation to appoint a competent authority based on national provisions to provide protection for published works whose authors are not known to represent the interests of the creators and protect the rights of the creators is one of the problems in the context of protecting cultural heritage in the copyright dimension in Indonesia. The book "Perlindungan Negara atas Warisan Budaya Bangsa" contains theoretical and juridical foundations in how the state provides adequate legal instruments in the protection of the nation's cultural heritage in Indonesia.
Preventing Human Trafficking: Between Facts and Problems, A Book Review “Pencegahan Tindak Pidana Perdagangan Orang” by Libby SinlaEloE & Paul SinlaEloE, Libby SinlaEloE and Paul SinlaEloE, Rumah Perempuan, 2017, 50 pages, ISBN 978-602-50912-1-6 Widowati, Arrum
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.34793

Abstract

The author begins their writing by describing the article on Prevention of Criminal Trafficking in Persons (TPPO) which is a joint obligation between the Government, Regional Government, the community, and the family. That is the mandate in Article 57 paragraph (1) of the Act of the Republic of Indonesia Number 21 of 2007, concerning Eradication of Criminal Acts of Trafficking in Persons (UUPTPPO). This book consists of 3 parts, namely: Understanding the Criminal Acts of Trafficking in Persons, Prevention of Trafficking in Persons Act Version of Law Number 21 of 2007, Prevention of Community-Based Trafficking in Persons.
The Progressive Mind on Corruption Eradication in Indonesia, A Book Review “Pemberantasan Tindak Pidana Korupsi Perspektif Hukum Progresif”, Yudi Kristiana, Yogyakarta, 2016, 167 pages, ISBN 978-602-1351-55-0 Astuti, Winda Indri
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.34794

Abstract

Progressive law was born out of anxiety over the operation of the law. This means that progressive law was born from the synthesis of the reality of the operation of law in Indonesia. It is on this basis that this progressive law lives. When legal workers succeed in maintaining the law in a way that is acceptable to society, then at that time the law becomes something that lives the soul and spirit that is maintained by law enforcement becomes a milestone of the death of the law itself. Progressive law can be identified through assumptions, components, goals, verification, spirit, progressiveness, study, contact with other theories, and the agenda of action.
How Should the Law Work? A Book Review “Biarkan Hukum Mengalir: Catatan Kritis Tentang Pergulatan Manusia dan Hukum”, Prof. Dr. Satjipto Rahardjo SH, PT Kompas Media Nusantara Jakarta, 2007, 158 pages, ISBN: 978-979-709-334-1 Kurniawan, Ade Mirza
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.34796

Abstract

In this book, the author conveys criticism and suggestions regarding the development of law that has the dimension of humanity and the values ​​of true justice. Starting from the meaning of order, local communities with their specific but effective policies, to the idea of ​​legal certainty related to the status-quo. Delivered in a light and flowing language, this book needs to be read by lecturers and law students, observers, and researchers in the field of social politics, as well as anyone who cares about the value of justice and humanity. This book “mistrust” human flashiness in creating and carrying out the law, as well as breaking and tearing it down. Delivered in a light and flowing language, this book needs to be read by lecturers and law students, observers and researchers in the field of social politics, as well as anyone who cares about the value of justice and humanity.
How the Justice Power Post Constitution Amendment? A Review Book "Politik Hukum Kekuasaan Kehakiman Pasca Amandemen Undang-Undang Dasar 1945", Ma'shum Ahmad, Total Media Yogyakarta, 2017, 193 pages, ISBN: 979-1519-25-0 Ataupah, Andrew Mario Ernesto
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.34797

Abstract

This book examines and describes the relationship between the rule of law, legal politics, and the legal political configuration of judicial power, the functions and authorities of the Supreme Court, the functions and authorities of the Constitutional Court, the functions and authorities of the Judicial Commission. old, new and reform orders.
Money Laundering: How It Works and Legal Instruments, A Review Book "Hukum Money Laundering dalam Dimensi Kepatuhan", Dr. Go Lisanawati, S.H., M.Hum & Njoto Benarkah, S.T., M.Sc., Setara Press Malang, 2018, x+84 pages, ISBN: 978-602-6344-54-0 Aditya, Andra Maula
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.34804

Abstract

This book contains practical knowledge about anti-money laundering in Indonesia and the global context. This book, in addition to presenting various theories regarding the crime of money laundering, also presents various cases and their analysis to provide a comprehensive understanding.

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