Journal of Indonesian Legal Studies
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.
Articles
268 Documents
<![CDATA[The Implementation of Bureaucratic Reform Pillars in Increasing Taxpayer Compliance at Semarang Tax Service Office ]]>
<![CDATA[Suwandoko, Suwandoko]]>;
<![CDATA[Rodiyah, Rodiyah]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i01.23244
<![CDATA[Semarang City Tax Office which has the main task to collect the tax revenue in the context of national development, then the Semarang Tax Office Associate implemented bureaucratic reform pillars in improving tax compliance. This paper examined the compliance of taxpayer in the theory of bureaucratic reform. The paper emphasized that the urgency of the implementation of bureaucratic reform pillars at the Semarang Tax Office, which consists of philosophical, sociological and juridical aspects. The implementation of bureaucratic reform pillars in improving taxpayer compliance at Semarang Tax Office was examined by the implementation model of bureaucratic which influences the bureaucratic reform pillars, which indicates that taxpayer compliance level is less than optimal. The obstacles were employees who are less than optimal in the field of taxation and taxpayers who are less obedient in payment and tax reporting. The efforts did through the socialization of the bureaucratic reform pillars implementation to employees and taxpayers to improve taxpayer compliance and tax revenue.]]>
<![CDATA[The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia ]]>
<![CDATA[Aji, Wikan Sinatrio]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v4i01.23339
<![CDATA[Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in Pati District Court.]]>
<![CDATA[The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese ]]>
<![CDATA[Paulus, Gery Mario]]>;
<![CDATA[Pello, Jimmy]]>;
<![CDATA[Sinurat, Aksi]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v4i01.26962
<![CDATA[Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.]]>
<![CDATA[Promoting the Right to Education through A Card: A Paradox of Indonesia's Educational Policy? ]]>
<![CDATA[Ulum, Muhammad Bahrul]]>;
<![CDATA[Wildana, Dina Tsalist]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v4i01.26973
<![CDATA[In 2015, the Indonesian government unveiled the Smart Indonesia Program, or Program Indonesia Pintar (PIP). The program consisted of educational subsidies through cash transfers exclusively granted to students aged from 6 to 21 years old from poor families. This paper examines the role of the PIP subsidy pertaining to the fulfilment of the right to education. As a consequence, it resulted in a competing account between cash transfers and the minimum standard of government duties to fulfil the need for adequate educational support. There is a paradox in the government's educational policy on the fulfilment of human rights to education in dealing with the PIP program. While educational complexities faced in remote areas cannot be hindered and it is granted not solely to students from vulnerable families. Such discrepancies in programs circumstantially affirm that the government ignores the root of Indonesia's educational problems, including providing free education as its obligation to human rights. The research conducted concludes by suggesting the government to evaluate the current policies by considering budget priorities and the efficiency of providing inclusive education.]]>
<![CDATA[Indonesian Penal Policy: Toward Indonesian Criminal Law Reform Based on Pancasila ]]>
<![CDATA[Najih, Mokhammad]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27510
<![CDATA[Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values ​​and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are among others, principles based on the source of religious values (Godhead / Divine God), the value of humanity (humanism), the value of unity and peace, the value of democracy and the value of social justice. Therefore, Indonesian criminal law must have values that are based on Pancasila, both in the form of legal norms (addresaat norm), on the types of acts that are regulated (straafbar), in the form of punishment or sanctions (straafmaat), as well as regulatory aspects and implementation of law enforcement law (formal law).]]>
<![CDATA[The Immigration Crime and Policy: Implementation of PPNS Authorities on Investigation ]]>
<![CDATA[Syahrin, Muhammad Alvi]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27512
<![CDATA[Immigration crime and criminal law are one of the interesting studies not only seen in terms of law enforcement but also criminal law politics and authority arrangements in immigration. For Indonesia, the problem of immigration is a challenging problem, not because it is only the location of Indonesia that is vast and has many access points for immigrants, but also the authority between institutions. Article 105 of Law Number 6 Year 2011 on Immigration, states that the Immigration Civil Servant Investigator is authorized as an Immigration criminal investigator conducted in accordance with the provisions. The results of this study are: (1) enforcement of immigration law conducted one of them with the investigation of perpetrators of violations of the Immigration Act. The process of investigating the perpetrators of violation of Immigration Law is based on the provisions of the Criminal Procedure Code as lex generalis and Immigration Law as lex specialis. In this research, law enforcement has been carried out in order to participate in trading fake immigration/passport travel documents by providing unauthorized data or incorrect information to the Immigration officer to obtain travel documents of the Republic of Indonesia for himself, (2) in implementing immigration law enforcement function there are still obstacles faced Immigration Civil Servant Investigator include low knowledge, lack of operational fund, lack of public participation in reporting the existence of foreigner in their environment, weakness of coordination with other law apparatus and obstacle from law factors.]]>
<![CDATA[Corruption and Village: Accountability of Village Fund Management on Preventing Corruption (Problems and Challenges) ]]>
<![CDATA[Ash-shidiqqi, Ellectrananda Anugerah]]>;
<![CDATA[Wibisono, Hindrawan]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27524
<![CDATA[Village funds have not been used optimally for village development. Some cases of misappropriation of village funds occur due to a lack of accountability in the use of village funds as well as the lack of supervision from related parties. The lack of competency in the use of village funds is also the reason for the occurrence of cases of abuse and corruption of village funds. This study focuses on aspects of accountability and supervision of village funds using literature. The results of this study produce an ideal model of accountability for the use of village funds ranging from supervision to use so that the village is expected to be more maximal in using village funds for development.]]>
<![CDATA[Fight Narcotics with Community Strengthening: Crime Control Management by Community Policing ]]>
<![CDATA[Pasaribu, Restiana]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27533
<![CDATA[Drugs are the main enemy of nations in the world. Indonesia, it seems also has become a paradise for the generation of drugs. Various problems that occur in the community that can be resolved kinship will be resolved in RT Polmas assisted by community figures in the surrounding community. Thus, the empowerment of Polmas by Polrestabes Semarang city in the prevention of drug crime is crucial to be the main program Polrestabes Semarang city. The research location is in Polrestabes Semarang. This research emphasized that Policing Empowerment in Criminal Drugs Control is expected to provide active support to the Polmas to report it if there is any indication that the drug is involved in its territory and dare to disclose its circulation, arrest the dealer, the perpetrator and the producer. Cooperation and coordination and involvement of the above mentioned community participation must be optimally empowered, in order to support the success of the prevention of criminal acts of narcotics.]]>
<![CDATA[Legal Protection Model for Indonesian Migrant Workers ]]>
<![CDATA[Widyawati, Anis]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27557
<![CDATA[The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.]]>
<![CDATA[Impersonating Fishermen: Illegal Fishing and the Entry of Illegal Immigrants as Transnational Crime ]]>
<![CDATA[Lewerissa, Yanti Amelia]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27558
<![CDATA[Illegal fishing carried out by foreign fishing vessels (Kapal Ikan Asing, KIA) and Indonesian fishing vessels (Kapal Ikan Indonesia, KII) in Indonesian waters also causes other crimes such as the entry of illegal immigrants to Indonesia. This writing aims to assess the relationship between illegal fishing and the entry of illegal immigrants as a form of transnational crime. The research method used is normative legal research. The sources of legal material used are primary, secondary and tertiary legal materials related to writing. The technique of collecting data through library studies and analyzed qualitatively. The results of the study show that Indonesia as the largest archipelagic country in the world with 17,504 large and small islands and a length of coastline of 81,700 km 2 makes Indonesia a country with abundant marine resource potential. For this reason, many foreign naval fleets have made Indonesian waters as the main destination for their capture fisheries. This capture fishery company has more foreign ownership, the exploitation of marine resources that we own both legally and illegally. Likewise, this also happened in the Moluccas territory. As a province of the archipelago with an ocean area of ​​658,295 km 2 with a coastline length of 11,000 km 2, the Maluku Sea holds abundant potential for marine wealth. Arafura Sea is one of the fisheries management areas which is often the main destination for foreign-owned fishing vessels. These fresh fish from the Moluccas are stolen and taken away in fresh condition directly to the area of ​​origin of the perpetrators. Illegal fishing activities not only make Indonesia economically disadvantaged, but there is another problem, namely the existence of other crimes that usually follow the illegal fishing activities. One of them is the entry of illegal immigrants into Indonesian territory.]]>
