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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 268 Documents
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Problems of Horizontal and Vertical Political Accountability of Elected Officials in Indonesia Said, Muhtar; Minan, Ahasanul; Huda, Muhammad Nurul
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.v6i1.43403

Abstract

The accountability system for elected officials in Indonesia is inherently linked with the electoral system that is applied to unravel the problem in the context of a symmetrical system of people's sovereignty. This article analyzes the dynamics of the current regulations on the accountability system of elected officials. However, this article would only focus on the accountability system for regional leaders (governor, mayor and regent), regional legislators (DPRD) and the senatorial regional delegates (DPD) in Indonesia and the participation of constituencies in proposing a recall system. The purpose of this research is to construct an accountability mechanism for regional heads, DPRD and DPD to their constituents that are appropriate and in line with the electoral system applied in Indonesia. This research is expected to be a material for consideration for policy makers and the Indonesian people in general in designing an accountability system for elected officials that is appropriate and in line with the applied electoral system. To do such, this article is based on a descriptive study. Keywords: accountability, horizontal and vertical politics, direct democracy, elected officials, recall, Indonesian election
Indonesia's Legal Policy During COVID-19 Pandemic: Between the Right to Education and Public Health Ramadani, Rizki; Hamzah, Yuli Adha; Mangerengi, Arianty Anggraeni
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.v6i1.43555

Abstract

Basically, every country is obliged to ensure quality education without discrimination against every citizen, including Indonesia. Recognition of the right to education is so important that it becomes one of the goals of the state as stated in the Preamble of the 1945 Constitution, namely to educate the nation's life. However, since the COVID-19 pandemic hit the world, the education sector has also been affected. People have no choice, but to implement the Covid-19 prevention habits and protocols. In the case of Indonesia, the government has closed the schools and universities since mid-March 2020 and switched to the online learning system. In this article, the author will explain the Indonesia’s legal policy in fulfilling the community’s right to education during pandemic, at the same time analyzing how government responds to the public demands. This normative legal research is conducted using a conceptual and statutory approach, which will then be analyzed descriptive-qualitatively. The result shows that educational policies during COVID-19 pandemic can be divided into two phases: early pandemic and new normal transition. In the first phase, the government focused on protecting the health and safety to all communities in the education institution areas by implementing certain protocols, closing the schools and switching to distance/online learning. Although public health and safety are top priorities, the policies resulted in disparities among students. While in the new normal transition phase, The government tends to respond to public demands on education problems by loosening its policies a little through schools disclosure and providing the internet support in online learning
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.
Recognition of Customary Disputes Settlement in Law Number 6 of 2014 on Villages: A Responsive Law Review in Indonesian Legal Reform Winarsih, Winarsih
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i2.45395

Abstract

Based on the development of the community's need for legal certainty on customary dispute settlement, Law No. 6 of 2014 on the village which gives authority to adat villages to resolve customary law dispute prevailing in adat village as long as it is in harmony with the principle of human rights by prioritizing the settlement by deliberation. In addition, adat villages are also given the authority to arry out an indigenous village justice peace trial. This normative recognition authorizes adat villages to apply the values or norms that have been lived and developed in the community closely related to the responsive law proposed by Philippe Nonet and Philip Selznick stating that responsive law is born from legal realism in society so that it appears laws that are more responsive to socialneeds. This paper discusses adat dispute resolution in Law No. 6 of 2014 on Village in the review of Responsive Law in Indonesian Legal Reform.
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.
Role of the Regional Representatives Council on Bicameral Parliament System Alkadri, Riska
JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v1i01.16564

Abstract

After third amendment of the Constitution of 1945 (UUD 1945), the Regional Representatives Council (DPD) has been formulated. The amendment directly changed the parliamentary system in Indonesia, from unicameral into bicameral. The authorities of DPD in bicameral system still not clear enough. Although it is stipulated on Article 22D of UUD 1945, the authorities is still limited if compared with House of Representatives (DPR). This paper would discuss and examine the role of regional representative council as a second chamber from representative board in Indonesian. The paper would distinguish beside the authorities also the mechanism applied by DPD and DPR.
The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts Lubis, Muhammad Ikhsan
JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v1i01.16565

Abstract

The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The principles of the UDHR can apply to the International Humanitarian Law, but some of the principles of the UDHR and limited humanitarian law apply in times of peace and times of armed conflict alone. Argued that the gap between International Humanitarian Law by the Human Rights bridged together through the enactment of the principles of human rights and humanitarian law principles that cannot be postponed.
Islamic Law Codification: The Friction on Authority of Islamic Law Establishment Afdal, Windi
JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v1i01.16567

Abstract

This paper is intended as a historical research study on renewal business through technical codification of Islamic law (Taqnin) as well as theoretical implications of the legislation (Tashri’) of Islamic law through the political authorities called parliament. The authors conclude that taqnin and tashri’ as an instrument of reform in Islamic Law is not something new from if analyzed from a historical perspective. This has been initiated in the past at least by Daulah Abbasiya in the Second Century Hijriyah or Eighth AD, but failed because of a conflict between the political authority (umara) and religion (ulama) in fighting authority of the establishment of Islamic law. This issue over and over again when codification movement and legislation of Islamic law in the modern era has theoretically implicated and it is a rare phenomenon that should be more deeply considering the renewal of Islamic law which is ongoing it contains at least one millennium old historical value.

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