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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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Introducing JILS 3(2), November 2018 Edition: Crimes and Society and its Contemporary Issues Muhtada, Dani; Arifin, Ridwan
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i02.27604

Abstract

Document Study of UNNES Legality as Legal Entity State University Masyhar, Ali; Maskur, Muhammad Azil; Widodo, Mulyo
Journal of Indonesian Legal Studies Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i02.27605

Abstract

Unit of Public Service Agency (PSA Work Unit). UNNES continues to improve itself towards better community service, which is as a Legal Entity State University. Legal Entity State University will have a highly positive impact, especially the autonomy of academic and non-academic administration and management. One of the important efforts in order to achieve the status of UNNES as a Legal Entity State University, it is necessary to form a legal document that is the basis of an organization in the form of a Statute. In the preparation of the Statute, it will not be likely to obtain a suitable Statute without the study and analysis outlined in the Academic Document. Based on this background, this research was based on the formulation of the problem on what is the rationality of the Academic Document that needs to be built, in order to produce a Statute of Legal Entity State University that is suitable for UNNES? And what is the formulation/draft of the Statute of UNNES as a Legal Entity State University in order to materialize the vision of UNNES, which is the Conservation Vision-Based University and International Reputation? Based on the formulation of the problem it is intended to produce an Academic Document of the Statute of UNNES as a Legal Entity State University and the legality document of UNNES as a Legal Entity State University, especially in the form of a constitutional Draft Statute.
Human Rights and Power of State: A Book Review Negara Hukum dan Hak Asasi Manusia, Bahder Johan Nasution Anif, Virdatul
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i02.27607

Abstract

Penal Policy on Assets Recovery on Corruption Cases in Indonesia Wahyudi, Sugeng
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.28224

Abstract

Corruption is an extraordinary crime whose impact on actions can undermine a country, corruption is increasingly becoming increasingly common. Even though not a few of the former state officials or state officials until all the villages have felt how fierce the law enforcers, especially the KPK arrested them all, either hand-grabbing operations or the development of public reporting, impressed by them all were endless corruptors kept appearing , Law enforcement in this modern era is not only concerned with prosecution and prevention, in this case corruption is regulated by the return of state losses as asset recovery, which in turn will maximize the return of state losses from corruptors. As for the problems of this study are: 1. Why is the politics of criminal law (strafrechtpolitiek) in the framework of restoring state losses not significant with the real state losses due to criminal acts of corruption? 2. How is the politics of criminal law ideally (strafrechtpolitiek) implemented so that the maximum return on state losses due to corruption? The benefits of research consist of theoretical benefits and practical benefits. Theoretical benefits are expected to contribute to theoretical thinking in criminal law, especially concerning the politics of criminal law in the context of eradicating criminal acts of corruption. Practical benefits are expected to be able to provide information scientifically to the public both in general and specifically. This study uses a descriptive legal approach that is supported by primary, secondary and tertiary data obtained from documentation and literature studies then analyzed using qualitative descriptive analysis methods. The results showed that the Politics of Criminal Law in the Framework of Returning State Losses due to Corruption in Indonesia was not maximal, as evidenced by the lack of maximum or no maximum return on state losses for corruption, therefore recommendations on simplifying regulations in terms of early prevention or since In the beginning of corruption cases which caused a lot of damage to the state's financial need, there was a special formulation so that the handling could be maximized to restore state losses in corruption.
Law Enforcement, Military Discipline, and the Notion of Military Justice: Building a Case for the Constitutional Rights of Service Personnel in Nigeria Adegbite, Olusola Babatunde
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.28967

Abstract

Law enforcement is the pivot on which every society and institution stands and essentially survives on. An institution where enforcement of the law is in abeyance will surely not endure, as whatever goals are set is condemned to smoulder in total indiscipline. Without doubt, no institution would want to set off on that footing. However, where law enforcement takes place in a special institution like the Military, its deployment is bound to raise deep questions regarding the Constitutional rights of the accused persons. Over the years, the Nigerian Military appear to have been caught in this miasma in which the Constitutional rights of its service men has remained trapped in the notion of upholding Military discipline. It is to this end that this paper appraises the question of law enforcement in the Nigerian Military, querying its attitude towards the safeguards of these rights, and accordingly building a case for a new and better regime, in which Constitutional rights of Service personnel are not only guaranteed, but regarded as pre-eminent.
The Doctrine of Product Liability and Negligence Cannot Be Applied to Malware-Embedded Software Suran Ningsih, Ayup
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.29157

Abstract

Today, the development of technology is remarkable; the world has faced the industrial era 4.0 where people are now more popular to carry out various financial transactions, both the process of buying and selling and other financial transactions through digital transactions. This digital transaction is run by an information system and is provided with special software that runs it. Damage to computer devices and software can cause all kinds of damage. This damage can cause someone to experience damage or loss due to damaged hardware or software, one or more of the following legal areas can provide recovery; such as contract law; technology law; consumer protection; and product liability. This article is to examine the doctrine of product liability and negligence cannot be applied to malware-embedded software. The approach of the research method used in this article is normative juridical. The normative juridical approach is an approach carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research.
Law Enforcement Policy on Violation of Illegal Cigarette Circulation in Indonesia (Study on Indonesian Customs Directorate General) Maulana, Cahyo Baskoro Indra
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.29176

Abstract

The tax regulation is subject to a criminal act, then the Government in this Directorate of the General of Customs and Excise supervision, the circulation of illegal cigarettes. This research was conducted by the Directorate General of Customs and Excise as well as a crackdown on illegal cigarettes. This research uses the juridical normative method. Results of the study concludes as follows: first, the examination of the goods, examination of the goods, building or other place, letter or document to the goods, or against the people, against the Enforcement of goods and means of transport; and Locking, sealing, and / or sticking a necessary safeguards against goods or means of transport. Second, the efforts of the Directorate General of Performance and Surveillance, Dissemination, coaching against the cigarette companies, opening up information services and billing, complaints against criminal acts of illegal cigarettes.
Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia Erdianti, Ratri Novita; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i01.29315

Abstract

Crimes committed by juveniles today continue to grow, as well as various law enforcement approaches. Juveniles as legal subjects have special attention not only in matters of children’s rights but also in the punishment of children. Various crimes committed by juveniles occur a lot and lead to no longer what is called juvenile delinquency, but a serious crime. The Child Protection Act and the Child Criminal Justice System Law explicitly regulate the protection of children’s rights in the context of human rights. Fostering sanctions for juveniles are one of the ways that are encouraged compared to providing severe criminal sanctions, while here another criminal law is a double-edged sword and ultimum remedium. This paper examines efforts to guide children as an alternative sanction in juvenile criminal law. Studies in this paper include studies of Child Criminal Law, Criminal Law, Human Rights, and the Law on Child Protection.
DNA Profiling and the Challenges of Crime Management in Nigeria: The Case of The Nigeria Police Force Nathaniel Nte, Ucheawaji; Nte, Ngboawaji Daniel; Enokie, Bribena Kelvin; Bienose, Onyeka
JILS (Journal of Indonesian Legal Studies) Vol 4 No 2 (2019): Contemporary Issues on Law Enforcement in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i2.29446

Abstract

This research investigated DNA profiling and crime management in Nigeria. The major objective of the study was to find out whether the Nigeria Police are aware of how to use DNA optimally as a source of evidence in the investigation process. In Nigeria, the Nigeria Police is one of the leading agencies statutorily charged with the responsibility of providing internal security through fighting of crime. The police does this job by undertaking criminal investigation with a view to collecting evidence to be used for courtroom prosecution of criminal suspects. Since 1930 the Nigeria Police was established, it has relied mainly on the traditional (old school) method of criminal investigations based on eye witness testimonies and statements, the investigators sense of judgement and experience. Overwhelming evidence from this research points to the fact that the said method has proven ineffective, as may unsolved crimes, wrongful prosecution or conviction of innocent criminal suspects and failed courtroom prosecution litter the performance profiles of the Nigeria Police. The study concluded that the capacity level of the Nigeria Police to collect and preserve the DNA evidence as part of the agency's criminal investigation process and use same for courtroom prosecution has significant effect on the effort it makes to fight crime through DNA profiling, and that the availability or non availability of sophisticated DNA technology in Nigeria has significant effect on the effort the Nigeria police makes to fight crime through DNA profiling. The availability or non availability of a central DNA database in Nigeria has significant effect on the efforts of the Nigeria police makes to fight crime through DNA profiling.
Misdemeanor of Corruption within the Scope of International Law and the Legal Consequences Arifin, Ridwan; Faridah, Siti; Naefi, Mohammad
JILS (Journal of Indonesian Legal Studies) Vol 4 No 2 (2019): Contemporary Issues on Law Enforcement in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v4i2.29687

Abstract

Corruption is a threat to stability, national and international security, institutions, democracy, justice and endangering sustainable development and law enforcement. In an international perspective, corruption is classified into white-collar crime as a crime that occurs in government institutions. The paper analyses the corruption in the international law perspective. The paper is intended to examine more deep concerning to corruption in the global perspective and international law, and how are consequences into domestic law. The method used for analytical study of this paper by analyze some related theories concerning to corruption in international law perspective. The paper highlighted and underlined that corruption in the global context can be prevented by international cooperation and collaboration in many forms, one of is regional or bilateral agreement on combating corruption.

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