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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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Ultra Petita Decision of Constitutional Court on Judicial Review (The Perspective of Progressive Law) Sasmito, Hery Abduh
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.v1i01.16568

Abstract

This research come up from the premise that in the execution of their duties during this time, the Constitutional Court issued many decisions by some legal experts considered break the limits of his authority. One is on a judicial review which contains ultra petita decisions. Regarding to that condition, some parties considered that the Court has acted as an institution that is authoritarian and violated its authority, but on the other hand, the Court instead declared itself as the guardian of democracy and substantive justice. Author argued that, the prohibition to use a doctrine of ultra petita for judge was not generally applicable. Through normative approach and systematic interpretation said that on Law concerning to Constitutional Court (MK, Mahkamah Konstitusi) or other MK decisions did not give any possibilities for Judge to make an ultra petita decision.
Politics of Law on the State Control of Oil and Gas in Indonesia: Gas Liberalization and the Hesitancy of Constitutional Court Zain, Mochamad Adib
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.v1i01.16569

Abstract

This study aims to examine in depth the legal political state control over oil and gas in Indonesia. This research is a normative law by secondary law. Based on the research can be argued that the existence of Act No. 22 of 2001 on Oil and Gas can’t be separated from other state intervention. The substance oil and gas law dictation by IMF and USAID. Consequently oil and gas law is characterized by a liberal. It eliminates the mean of state control over oil and gas in Indonesia. The Constitutional Court as a judicial institution that is given the authority to judicial review of the constitution less did his part well. The Constitutional Court only eliminated some arrangements liberalization in the Act.
Provision of Elimination of Tax Administrative Sanctions in Indonesia on 2008 and 2015 Case: Establishment of Tax Law Anggia, Putri
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.v1i01.16570

Abstract

Elimination of administrative sanctions or Sunset Policy on 2008 intended to achieve the target of tax revenue and to strengthen the data base by providing incentives in the form of taxation, was not done due diligence measures. Removal of administrative sanctions in 2015 was motivated by the goal of achieving the target of tax revenue and more specific purpose, namely as a continuation next year, the year of law enforcement. Removal of Administrative Sanction was not in accordance with the theory of devotion. Implementation of the elimination of administrative sanction give leeway to the taxpayer to foster a sense of obligation to pay taxes, so it tends to keep the runway taxation in the theory of filial piety.
Indonesian's Pillars Democracy: How This Country Survives Diniyanto, Ayon
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.v1i01.16572

Abstract

Finding Some Alternatives in Indonesian Legal Development Muhtada, Dani
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.v1i01.16576

Abstract

Rights of Police Action by the Financial Audit Board of the Republic of Indonesia Bintari, Aninditya Eka
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i01.16632

Abstract

This study aims to describe the actions of the police conducted by the Financial Audit Board of the Republic of Indonesia (BPK RI) in the perspective of human rights in the context of the ethics code and the fulfillment of rights. This research is normative law research, hence secondary data source or library data source used as the main source of this research. The research method used in this research is qualitative analysis, which is descriptive by presenting the data in detail and make interpretations to answer the formulation of research problems. The conclusion of the research result is police action stipulated in Article 24 of Law No. 15 of 2006 on Indonesian Financial Audit Board which contains the police action conducted by BPK to examine a case conducted by order of the Attorney General after first obtaining written approval from the President. What is meant by police action (explanation of Article 24 of Law No. 15 of 2006) is a summons in connection with criminal acts, arrest, search and seizure. This police action is further regulated in BPK RI Regulation No. 2 of 2008 concerning to the Procedure of Sealing in Implementation of Inspection and Regulation of BPK RI No.3 of 2008 concerning Procedure of Calling and Request of Information by BPK.
Politics of Law on Protection to Folklore in a Regional Autonomy Perspective: Rights for Indigenous People Dilaga, Auria Patria
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i01.16634

Abstract

The study of political law on protection of folklore with the perspective of regional autonomy is expected to be realized ideal protection. The problem in this research is why folklore needs to be protected in the perspective of regional autonomy and how the political law of folklore protection in the regional autonomy perspective. This research approach method using normative juridical approach method. The result of this research is folklore needs to be protected because it is part of the wealth of the Republic of Indonesia. Folklore needs to be protected in the perspective of regional autonomy because it is a work that was born and developed and preserved in their respective regions. The politics of law of folklore protection in the perspective of regional autonomy is by making technical implementation policy up to the level of local regulations for the benefit of folklore protection, one of them with the policy of inventory. The conclusions and suggestions in the research are folklore is a human work that must be protected especially in the perspective of regional autonomy and it is advisable to immediately pass a regulation on the protection of folklore.
Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Law No. 5 of 1990 in Law Enforcement Efforts and Guarantees of Environmental Rights in Gunung Leuser National Park, Indonesia Lubis, Muhammad Ikhsan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i01.16635

Abstract

Indonesia is renowned for its abundant natural resources and vast biodiversity. However, Indonesia also has wildlife species that are most vulnerable to the threat of extinction. Illegal wildlife trade poses a serious threat to the preservation of wildlife in Indonesia. Wildlife illegally traded based on facts found in the field is mostly a catch from nature, not from captive breeding. Gunung Leuser National Park (Taman Nasional Gunung Leuser, TNGL) as one of the national parks in Indonesia faces problems in the protection of this wildlife. This is triggered by the process of industrialization, illegal logging activities and crimes against protected wildlife. Wildlife protection in Indonesia and internationally is regulated legally through Law No.5 of 1990 and internationally through the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The role of local government, BKSDA TNGL, and related agencies in suppressing the extinction rate provides an understanding to the community of TNGL conservation areas, in particular, to reduce conflicts and clearance of plantation land by utilizing the concept of environmentally sustainable development as well as providing the mitigation measures.
Waiting List Patterns in the Implementation of Hajj: The Fulfillment of the Rights of the Congregation (Study of Central Java Province, Indonesia) Prasetyo, Arif
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i01.16636

Abstract

The purpose of this study was to determine patterns in the hajj waiting list by the Ministry of Religious Affairs Regional Office in Central Java, and the pattern of financial management of the waiting list in the pilgrimage by the Ministry of Religious Affairs Regional Office in Central Java in the view of Islamic economics. This research uses a qualitative method. Approach method used normative juridical. Data types are primary data types and secondary data types. Sources of data used are primary, secondary and tertiary data sources. Data analysis used is qualitative data analysis that is deductive. The results showed (1) the implementation of Hajj conducted by the Ministry of Religious Affairs of Central Java Regional Office actually only adjust to the provisions of the Ministry of Religious Affairs. (2) The pattern of financial management of the waiting list (Ministry of Foreign Affairs (MORA) Provincial/District just register and financial payments of hajj directly to account of religious ministry center. The conclusions of this study is the provision of Religious Affairs Center in the organization of the pilgrimage to the pattern waiting list quota of pilgrims in 2013 in Indonesia 211,000 people so discretion is divided 33 provinces in accordance with the Muslim population, while Java was getting quota 23 719 distributed in 35 counties and cities more than 678. The financial system is wadiah amanah, so that the system/how to finance work on the waiting list will not increase due to the result /loss.
The Application of Sharia Maqashid on the Protection of the Rights of Minority of Muslim Rohingya in Regional ASEAN (Indonesia-Malaysia) Towadi, Mellisa
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i01.16637

Abstract

This study aims, first, to analyze the application of the principles of Maqashid Sharia as a principle of human rights protection against the Rohingya Muslim minority. Second, assess the extent of regional efforts (ASEAN) to protect the Rohingya Muslim minority is based on the principles of Maqashid Sharia. This study is normative juridical, i.e basic research study is conceived as legal norms or rules which apply, both contained Islamic Law and International Law. Further, legal materials collected in the process were analyzed based approach to the law (statute approach) and qualitative approach. The results showed, first, the principle of Maqashid sharia are the fundamental principles that are in line with international human rights principles set forth in the Universal Declaration Human Rights of 1948, the ASEAN Charter and the international conventions that have been globally accepted. Its application carries its own moral responsibility for the ASEAN region, to encourage its member countries (particularly Indonesia and Malaysia) obligations responsibility to protect (R2P) to the ethnic Rohingya. When referring to the ASEAN charter alone, especially member states Indonesia and Malaysia will be very limited in giving aid directly to the territory of the Rohingya, given in addition to avoiding any intervention factor that arises, as well as the government of Myanmar has declared the anti-Islamic rule in the territories of its constitution. This is the regional challenges, especially for Indonesia and Malaysia as member states that embrace the principles of Islamic law once the state of the organization with Myanmar. Secondly, efforts should be made Indonesia and Malaysia are fulfilling rights Rohingya people merely when they became refugees or asylum seeker in the country. The rights can be met as a complement of the principle maqashid sharia, among others: a) freedom of religion, the right to life and freedom from fear (maintenance of soul) in this case Indonesia has established the Integrated Community Shelter (ICS) as a residence of Rohingya refugees and build mosques or places worship for Muslims Rohingya named mosque Arakan, b) fulfill the safety assurance, guarantee of human dignity (maintenance of breath), c) custody of ethnic or tribal, the right to marriage to the breeding (maintenance of descent), d) the right to education (maintenance sense), e) the right to receive a decent living by being given the opportunity to earn a living (maintenance of property).

Page 12 of 27 | Total Record : 268

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