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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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Criminal Policy of Adultery in Indonesia Widyawati, Anis
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.v5i1.36786

Abstract

Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.
Final Income Tax: A Classic Contemporary Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia Tan, David; Sudirman, Lu
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.v5i1.37308

Abstract

Legal profession such as advocate, law consultant and civil law notary is a profession in law that plays a dominant role in providing legal services to the Indonesian public. By providing the legal services, they are entitled to receive honorarium in return. Empirical facts actually show that these legal professions’ tax compliance are still lacking. Main questions in this research are the legal aspects related to income tax on honorariums received by legal professions in connection with the legal services they provide and the concept of reconstruction to the laws and regulations related to income tax on honorarium received by legal professions. This research will answer the legal aspects related to the laws on income tax on these legal professions’ honorarium in Indonesia and the concept of reconstruction of the regulations related to income tax on these legal professions’ honorarium so that it may provide positive impetus to the legal profession’s tax compliance, and in turn contributes to the welfare of the nation. This normative juridical research approach is conducted using secondary data consisting of primary, secondary and tertiary legal materials. The aspects of the reconstruction are using the philosophical, constitutional and juridical paradigmatic studies with the Utilitarianism Theory by Jeremy Bentham, Progressive Legal Theory by Satjipto Rahardjo and Legal System Theory by Lawrence M. Friedman as basis of analysis. The results of this study found that there is a concept of contemporary reconstruction to the laws and regulations related to the income tax on honorarium received by legal professionals.
Legal Principle Between Concept and Content Latyshev, Oleg Yurievich; Skorobogatov, Andrei Valerievich; Krasnov, Alexander Valerievich
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.v5i2.37387

Abstract

The article is devoted to the study of the legal nature of legal principles. The purpose of the article is a comprehensive study of the legal and social aspects of the essence and content of the legal principle as a philosophical and legal category. The methodological basis of the article is an integrative approach to the study of legal reality, which allowed us to combine general scientific and private scientific methods developed in various scientific paradigms and study the principles of law not only ontologically, but also epistemologically and axiologically, taking into account the phenomenological and communicative aspects of their content, development, and functioning. This paper emphasized that the study of legal principles not only in the legal, but also in the general social context allows us to conclude that this category is fundamental in the construction of legal reality cognitively, functionally, and normatively. The legal principle is the conventional result of legal communication. As a fundamental category of legal reality, the principle determines the nature of its analysis, interpretation, and evaluation. The scientific novelty of the article is determined by the specifics of the research methodology and the findings obtained, which allow us to determine the fundamental role of the legal principle at all levels of legal reality. The practical significance of the article lies in the ability to use the findings in the study of other aspects of the development and functioning of legal reality, as well as in generating forecasts for the development of the national legal system.
Constitutional Amendments: Making, Breaking and Changing Constitutions (2019). Oxford: Oxford University Press, 338 pages, ISBN 9780190640484 Bisariyadi, Bisariyadi
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.v5i1.37674

Abstract

When a constitutional judge willing to spend his time to give a review to a book, it is a great sign that the book has some appeals to offer. Yet, the book that is currently will be reviewed is not only discussed by one but two constitutional judges. At the end of November 2019, two constitutional judges, Saldi Isra and I Dewa Gede Palguna, discussed a book entitled “Constitutional Amendment: Making, Breaking and Changing Constitutions” written by Richard Albert. The attention to the book did not only appear in Indonesia. In the author’s origin, North America, the book received great acknowledgment from a wide range of legal and political scholars whom people often used to reference their works. Distinguished names like Bruce Ackerman, Tom Ginsburg, Ran Hirschl, Vicki Jackson and Mark Tushnet, encourage audiences to have a close examination of this recent Richard Albert’s publication. Richard Albert, himself, is not a foreign name to political science communities, as well as constitutional law academics. Albert is one of the founders and editors of the International Journal of Constitutional Law (ICON). The book offers two distinct novelty as its strength. First, the book raised a very important issue in the constitutional discourse but rarely been discussed. the second strength of Albert’s works is his mastery in capturing the constitutional amendment process in many countries around the globe and mapping them as well as structuring their similarities.
Cybercrime in ASEAN: Anti-Child Pornography Legislation Smith, Robert Brian
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.v5i2.37931

Abstract

Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation. It was found that most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.
Religions and Legal Regimes Function in the Protection of Children Adebayo, Akintunde Abidemi
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.v5i2.38049

Abstract

Religion provides the basis for the protection of human rights, namely, the right to life, the dignity of the human person, and right to property, among others. Without prejudice or disrespect to other religions, this paper focuses on Christianity religion and its provisions that protect the rights of children considering their vulnerability. This research emphasized that the Holy Bible contains measures to safeguard, protect and ensure the good as well as the proper upbringing of children. Similarly, the United Nations Convention on the Rights of the Child 1989, OAU Charter on the Rights and Welfare of the Child 1990 and the Nigerian Child Rights Act, 2003 provide for the protection of rights of children. The essence of these provisions is to ensure the smooth running of society and the betterment of humanity. This paper, therefore, examines the salient provisions of the Holy Bible and legal regimes to safeguard and protect the rights and interests of children. It concludes by highlighting the significant role of laws in the protection of the rights of children. It also shows that religion plays a pivotal role in protecting the interests of children by instilling in members of the society, the needed respect for humanity and morality, which is mostly lacking in the modern era. It recommends, among other things that, government at all levels as well as religious leaders, should give priority attention to the protection of children.
Deprivation of Inmates in Conducting Imprisonment and Guidance in Penitentiary on Victimology Perspective Angkasa, Angkasa
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.v5i1.38520

Abstract

Prisoners who undergo imprisonment tend to experience 5 (five) types of deprivation, deprivation of liberty, deprivation of goods and services, deprivation of heterosexual relationships, deprivation of heterosexual experiences, deprivation of liberty deprivation of autonomy, and deprivation of security. The research was conducted with a sociological juridical approach with a sample of Cipinang Class I Correctional Institution research sites and Banjarmasin Class II Correctional Institution as a correctional facility with prisoners' occupancy levels in excess of available capacity (overpopulation). In conditions with very high percentage of overpopulation, deprivation in the perspective of victimization has created victims in this case individual prisoners are caused because the Ministry of Law and Human Rights in this case the prison has carried out policies and actions that are not in accordance with existing provisions especially related to several provisions of Article 12 of the Republic of Indonesia Law No. 12 of 1995 Concerning Corrections, as well as the 4 (four) principles of the 10 (ten) Correctional Principles as stipulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 11 of 2017 About the Grand Design Overcrowded Handling in State Detention Centers and Penitentiaries. Efforts to reduce the existence of overpopulation or overcrowded that can cause victims of human rights violations for prisoners have been carried out through the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 11 of 2017, but not yet effective.
Obstruction of Justice in Corruption Cases Yuherawan, Deni Setya Bagus
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.v5i1.38575

Abstract

The purpose of this article is to analyze the investigation authority of the Corruption Eradication Commission (KPK) on the counteraction case of corruption justice process. The reason for the writing is the existence of different interpretation of the authority of the KPK Investigator to conduct an investigation on the counteraction case of justice process in Article 21 of Law No. 31 of 1999 concerning Eradication of Corruption Law junto Law No. 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of the Corruption (the Law of Corruption Act). The analysis method of the problem formulation applies Grammatical Interpretation, Systematic Interpretation, and Teleological Interpretation. The legislation analyzed, besides the Anti-Corruption Law, is the Decree of the People’s Consultative Assembly of the Republic of Indonesia Number XI / MPR / 1998 concerning State Administrators that are clean and free of corruption, collusion, and nepotism; also Law Number 30 of 2002 concerning the Corruption Eradication Commission junto Law Number 10 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2015 concerning Amendments to Law Number 30 of 2002 concerning the Corruption Eradication Commission. The conclusion of this article is that the KPK Investigator is not authorized to conduct an investigation on the counteraction case of corruption justice process.
Surveillance at Sea: Legal Aspects of Offshore Installation's Utilization Afriansyah, Arie; Surtiwa, Salsabila Siliwangi
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.v5i2.38943

Abstract

As the sea possesses rich variations of resources, it also imposes threats to the security and defense interests of a nation. Oil and gas exploration is one of the most important economic activities in the sea. In Indonesia, hundreds of offshore oil and gas platforms comprise thirty percent of the total oil and gas production. This signifies the importance of their establishment to the economy. However, their potentials do not stop there. As Indonesia is comprised of a very vast water area, the surveillance system still needs improvement. The article proposes to combine these interests into manifesting a simple surveillance system in offshore oil and gas platforms to improve defense and security systems, both for maritime routes in general and also the installations. The proposal prioritizes installations that are no longer operating, shifting their functions for other beneficial means. This is supported by the current law and regulations of the sea, both at the international and national levels. The international law of the sea implies that surveillance and data collection is allowed within the jurisdictional and territorial waters, whereas national levels allow functional shifting and defense system improvement in installations as long as it is coordinated with relevant ministries.
Bridging the Gap Between Cultural Relativism and Universality of Human Rights: Indonesia Attitudes Pratiwi, Cekli Setya
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.v5i2.39271

Abstract

Debates on the universality of human rights and cultural relativism seem to be eternal and will continue to exist as societal dynamics bring different views, concepts, and understandings of human rights and culture. However, it cannot be denied that modern international human rights law which is currently being referred to and adopted by the international community, still creates gaps in the protection of human rights. Meanwhile, the development of cultural relativism in the 20th century is quite successful in bridging the gap between the two and contributing positively to the implementation of international human rights law at the domestic level. Nonetheless, the cultural relativism approach presents critiques and challenges. By using various secondary resources, this paper begins with the concept of, debates between, and challenges of cultural relativism and universality of human rights. The paper indicates that the contribution of cultural relativism can be seen from building tolerance and protection of communal rights, the rights of marginal groups, and the optimization of domestic law when dealing with some competing’s rights. This is a good opportunity to reduce discriminatory actions against marginalized groups for maintaining tolerance and harmony in a plural society. The effectiveness of the application of "margin appreciation" in Europe should be the best practice to actualize "Asian values" or "African values" in formulating the concepts of "public morality" or "public order" clearly and precisely. The cultural relativism approach may not be used by a government to justify any human rights violation. Both of these are important considerations for Indonesia because of its ambiguous attitude in placing these two theories appropriately and purposefully.

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