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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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Revocation of Political Rights of The Perpetrators of Criminal Acts of Corruption Wangga, Maria Silvya E.; Pujiyono, Pujiyono; Arief, Barda Nawawi
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.v4i2.29689

Abstract

The purposes of this paper are to identify and examine the revocation of political rights for corruptors as an extra-ordinary measure. The research showed that law enforcement through penal policies still have shortcomings such as light criminal sentence for perpetrators of criminal acts of corruption as well as lack of awareness among judges to apply the additional sentence of fixed-time revocation of rights. Penal law enforcement requires integral and sustainable policies through non-penal policies (prevention). Preventive efforts should be responsive to the demands of the community at large for officials who are clean, honest and who have integrity. Non-penal law shall be enforced through the concept of developing smart and integrity-based politics.
Progress and Decline of Legal Thought: Ex-Corruptor as a Legislative Candidate (Analysis of General Election Commission Regulation (PKPU) No. 20/2018) Damaitu, Emanuel Raja
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.v4i01.29690

Abstract

KPU Regulation Number 20 the Year 2018 is one of the rules that must be adhered to regarding legislative candidates who will be registered as participants in the legislative elections. The KPU regulation was decided by the Supreme Court as a statutory regulation that is not in accordance with the laws and regulations related to the election on it. In fact, normatively, the provisions in the KPU Regulation are in accordance with the rules for the formation of legislation. Normatively, banning legislative candidates who are former prisoners of corruption is a progressive effort from the government to create a government free of corruption. The prohibition does not violate the concept of human rights protection.
The Position of Women in International Relationship: A Book Review Gender & Hubungan Internasional, Ani Seotjipto, Jalasutra Bandung, 2013, 320 pages, ISBN 978-602-825-293-5 Tastama, Ridho Dwiky
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.v4i01.30175

Abstract

This book also includes various forms of examples of statements of international agreements between countries such as: Singapore Declaration of 1992, Scale of Assessments, Rule of Procedure of the General Assembly, Resolution 1514 (XV): Declaration on the Granting of Independence to Colonial Countries and Peoples, Resolution 1514 (XV): Principles Which Should Be a Guide for Determining whether or not An Obligation Existence to Information of the Charter of the United Nations, and Declaration of Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations. This book explains how to look at international relations in terms of gender as well as feminism, mostly in this book discussing women and their human rights in international relations in the world. The author wrote this book based on his perspective as a subject of women's law to international law. This book uses language that is easily understood and understood by students so it is very helpful in learning activities and very helpful in giving references in making lectures related to international relations.
Penal Policy and the Complexity of Criminal Law Enforcement: Introducing JILS 4(1) May 2019 Edition Muhtada, Dani; Arifin, Ridwan
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.v4i01.30189

Abstract

AFTER the previous edition of JILS raised the theme of “Crimes and Society: General Issues on Criminal Law in Indonesia”, in this edition JILS wanted to explore various cases and developments in criminal law enforcement. The complexity of criminal law enforcement in many conditions presents a variety of debates, ranging from legality and non-retroactive principles of law which in certain cases find discrepancies between facts and existing theories. In addition, criminal law which is considered ultimum remedium and has the character of a double-edged sword, on the one hand protects the interests of victims and the public but on the other hand injures the rights of the accused, becomes very complex because of its relation to the protection of human rights. In order to provide the most up-to-date discourse in the development of criminal law enforcement, in this edition we take the theme “Penal Policy and The Development of Criminal Law”. This theme provides a different perspective for readers relating to criminal law policy and formulation of criminal law enforcement. In this edition, we received a large number of articles sent to the editorial desk, therefore it requires considerable time in choosing, reviewing and giving our best feedback and comments to the authors. To highlight the development of criminal law enforcement, this Journal volume is dedicated to discuss several issues related to the penal policy and development of criminal law enforcement.
JILS Volume 4 Issue 1, May 2019 JILS, Admin
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.v4i01.30206

Abstract

Controversial Issues on the Making of Notarial Deed Containing Chained Promise (Beding Berantai) on the Freedom of Contract Principle Tan, David
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.v4i2.31091

Abstract

In carrying out the duties as a civil law notary, it is possible that they find himself/herself composing a deed containing chained promise (beding berantai). Departing from this background, it can be drawn that the formulation of the problem, among others, how is the position of chained promise (beding) in Indonesian civil law order and how is the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). Another controversial issue is the chained beding faced with the freedom of contract principle. The purpose of this research is to understand the position of chained promise (beding) in Indonesian civil law order and the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). To answer the questions, a juridical normative approach is conducted. To obtain legal materials needed, it is then carried out by searching, collecting and reviewing library materials, legislation, research results, scientific works and other written documents. Data obtained from the result of study will then be analyzed qualitatively. From the results of study, it is known that chained promise (beding berantai) is an instrument or a way to transfer rights/obligations arising from an agreement to the party that obtains rights based on a special title. Recommendations given to the stakeholders are, namely civil law notary themselves in carrying out their duties and positions so that he/she could pay more attention to the points represented in his/her product of authentic (notarial) deed.
The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes Ndun, Ivan; Helan, Yohanes G. Tuba; Pekuwali, Umbu Lily
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.33159

Abstract

Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.
Cyber Crime Management among Students Nte, Ngboawaji Daniel; Esq, Urowayinor Kelita; Enokie, Bribena Kelvin; Bienose, Onyeka
JILS (Journal of Indonesian Legal Studies) Vol 5 No 2 (2020): Legal Developments in National and Global Context: Various Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i2.34005

Abstract

This study investigated examined the legal correlates of cybercrime management amongst higher institution students in Nigeria with special reference to some selected tertiary institutions in Delta State, Nigeria. A correlation approach of survey research design was adopted in this study. In order to address the problem of this study, seven research questions were raised and seven research hypotheses were formulated and tested at a .05 level of significance. This study revealed that the law can provide solutions to Cyber Crime management in Nigeria. Poverty is a factor responsible for cybercrime in Nigeria. The law can promote intellectual property and ensure privacy rights. There are existing laws that adequately address challenges relating to cybercrimes. The study revealed that youths who are mostly male are the major perpetrator of cyber-crimes and the crime can be committed at any time of the day. The study found that unemployment, poverty, absence of effectual law, and corruption are the major causes of cyber-crime in the study area. Based on the findings of this study, it was therefore recommended that collective vigilance detect and report to law enforcement agencies anyone suspected to be involved in cyber-crime. The Federal Government should empower the youths in terms of job creation and regularly engage the IT organizations to develop strategies to curtail cyber-crime.
Water, Globalization, and Liberalization Shoviani, Ari; Rodiyah, Rodiyah
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.34017

Abstract

Privatization, liberalization and globalization of water resources in Indonesia has become a complicated problem. In one hand, it will increase the economic values and investment but in the other hands it is contrary with the 1945 Constitution. Indonesian Water Resources Act has raised polemics and complaints from many parties, so that the proposed judicial review to the Constitutional Court. Finally, the Court cancelled this Act. This research is intended to analyse and describe the implementation of Water Resources Act that has been cancelled by the Court in the context of Friedman Theory, especially in Semarang City. The research emphasized and highlighted that the exploitation of water resources, as well as privatization and liberalization is not allowed by the 1945 Constitution.
Regional Financial Transparency Towards Independence of Development and Good Governance Suryana, Eka Pala; Akla, Miftahul
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.34132

Abstract

The development of technology makes the era of information openness become one of crucial issues, especially in modern technology and globalization. The modernization and globalization also affected to government management which the e-government system is one of the obligatory things. This research analyzed and describe a comprehensive picture concerning to transparency in regional financial sectors. This research tried to seek how the implementation of regional financial transparency can support the concept of good governance in Indonesia. The research emphasized that on implementing the financial transparency, the community roles have a strategic position, as well as for NGOs and community groups. They directly affected to the successful of financial transparency in regional.

Page 17 of 27 | Total Record : 268

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