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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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Traditional Cultural Expression as an Embodiment of Indigenous Communities and Regional Identity (Semarang Indonesia Case) Rindia Fanny Kusmaningtyas; Arif Hidayat; Gabrielle Poetri Soebiakto; Ahmad Fauzan Permana; Ibadurrahman Hanan Abdullah
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.63191

Abstract

Traditional Cultural Expressions include forms of Communal Intellectual Property, which can become an identity for an indigenous people. Traditional Cultural Expressions have a potential for Intellectual Property protection which is beneficial for the economy of indigenous peoples. This study aims to find out and analyze the existence of Traditional Cultural Expressions as the embodiment of indigenous peoples and regional identity in the Semarang Residency and the influence of its development on the regional economy in the Semarang Residency. The results of this study indicate that a Traditional Cultural Expression in the Residency of Semarang has shown its existence in terms of its art and traditional culture which has become an identity that differentiates it from arts/culture in other areas, so that it has the potential to improve the economy in the Residency of Semarang. In view of the Regulations to protect Traditional Cultural Expressions it is appropriate to be able to register Traditional Cultural Expressions as Intellectual Property. However, there are still obstacles in implementing the law, such as the lack of activeness of the Government in providing socialization and coordination of data collection and identification to protect Traditional Cultural Expressions with Communal Intellectual Property and the lack of role and knowledge of the community in identifying traditional arts and culture in obtaining protection by way of register Intellectual Property, especially Copyrights that have existed for generations.
The Intersection of the Progressive Law Theory and the Self-Declaration Concept of MSEs Halal Certification Akhmad Khalimy; Yusriyadi Yusriyadi; Ro'fah Setyowati; Syahruddin Syahruddin; Abdul Muizz Abdul Wadud
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.66087

Abstract

The self-declaration by Small Micro Enterprises (MSEs) for obtaining a halal logo has both advantages and disadvantages. Proponents argue that self-declaration makes it easier for MSEs to acquire a halal certificate, reduces the submission period, and streamlines the certification process. However, opponents argue that self-declaration violates certain laws, such as the UUJPH and the Consumer Protection Act. The Omnibus Law (UUCK) conceptually includes halal in the licensing cluster to facilitate business, but the Constitutional Court has deemed UUCK formally flawed and conditionally unconstitutional. Self-declaration simplifies the licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.
Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States) Rian Saputra; Josef Purwadi Setiodjati; Jaco Barkhuizen
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.67632

Abstract

This paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system, focusing on the reform of criminal law enforcement. The research methodology employed is normative legal research. The findings of the study reveal two key points. Firstly, it is crucial to regulate digital-based criminal justice at the legislative level, particularly through the reform of the Code of Criminal Procedure (KUHAP). The current implementation of electronic criminal trials presents challenges, and the legal foundation for conducting such trials is established by external entities rather than the legislative institution. Therefore, incorporating regulations on electronic criminal trials in future KUHAP reforms is vital to facilitate criminal law reform. As it stands, electronic criminal trials lack specific legal regulations. Secondly, the existing KUHAP does not sufficiently address the issue of technological advancements, as it cannot anticipate rapid changes in technology. Consequently, a legal framework should be established to address this issue. This framework should ensure the availability of modern technological devices and necessary resources to facilitate digital-based criminal justice. Additionally, it should introduce laws governing electronic courts and initiate legal reforms through the revision of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP). To provide an example, the United States has regulated electronic criminal proceedings through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which implements fiscal stimulus policies and allows for video conferencing in certain cases. Such regulations can serve as a reference point for the implementation of electronic criminal proceedings in Indonesia.
Development of a Restitution Model in Optimizing Legal Protection for Victims of Human Trafficking in Indonesia Angkasa Angkasa; Rani Hendriana; Filep Wamafma; Ogiandhafiz Juanda; Bhanu Prakash Nunna
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.67866

Abstract

This study aims to develop a model for the effective implementation of restitution criminal sanctions against individuals involved in trafficking in persons. The findings of this research hold strategic significance in terms of providing legal protection to victims and enhancing the concept of restitution. The study focuses on evaluating the effectiveness of imposing restitution sanctions on traffickers through judicial decisions in Indonesia. By employing a sociological juridical approach, this research examines legal norms and court rulings pertaining to prosecutors' charges against individuals involved in trafficking crimes. The analysis of these judicial decisions reveals that out of the cases reviewed, only seven included restitution sanctions, and none of the perpetrators fulfilled their restitution obligations. Instead, the offenders prioritized serving prison sentences over compensating the victims. Consequently, it is essential for prosecutors to prioritize the prosecution of perpetrators under the Law on the Eradication of Criminal Acts of Individuals. Furthermore, judges should consider utilizing the Law on the Eradication of Non-Criminal Persons and emphasizing imprisonment as an alternative to restitution.
Force Majeure During COVID-19 Outbreaks: Case of the Cancellation and Termination of Government Construction Contracts Muskibah Muskibah; Yetniwati Yetniwati; Sasmiar Sasmiar; Amarru Muftie Holish
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.68937

Abstract

Force majeure is a contractual clause commonly found in government construction work contracts, defining the circumstances that qualify as absolute or relative force majeure. This research aims to address two key questions: First, can the force majeure clause be invoked to justify the cancellation and termination of construction work contracts amidst the Covid-19 pandemic? Second, what is the method of accountability for risks associated with construction work contracts in light of the pandemic? Employing normative juridical research methods, this study concludes that the Covid-19 pandemic alone cannot serve as an automatic basis for contract cancellation or nullification under the force majeure clause. The service user, typically the government, may demand the successful completion of the project from the providers. However, the pandemic qualifies as a relative force majeure, shifting the liability for risk during contract implementation to the provider, subject to court decisions. Thus, legal events qualifying as force majeure during the Covid-19 outbreak will be determined by court decisions.
Indonesian Patent Law Reform for Simple Patent Innovations on Achieving Welfare State Objectives Waspiah Waspiah; Budi Santoso; Paramita Prananingtyas; Muhammad Iqbal Baiquni; Dany Eka Saputra
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.69214

Abstract

The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.
The Driving Factors for Recidivism of Former Terrorism Convicts in Socio-Legal Perspective Ali Masyhar; Ali Murtadho; Ahmad Zaharuddin Sani Ahmad Sabri
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.69445

Abstract

The phenomenon of recidivism among former terrorism convicts presents a complex challenge within the socio-legal context. This study aims to explore the driving factors behind the recurrence of terrorism-related offenses among previously incarcerated individuals. By employing a socio-legal perspective, the research examines the interplay of social and legal factors that contribute to the re-engagement of former terrorism convicts in illegal activities. Drawing on existing literature and empirical data, this paper identifies various key factors, including societal stigma, socio-economic struggles, and deficiencies in the legal system. The study underscores the importance of comprehensive policies that address both social and legal dimensions to effectively prevent and address recidivism in the terrorism context. By understanding and addressing these driving factors, policymakers and practitioners can develop more targeted and nuanced interventions to facilitate successful rehabilitation and reintegration while safeguarding national security and promoting social cohesion.
Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? Palguna, I Dewa Gede; Nurjanah, Ita; Padmawati, Ni Komang Tari; Dananjaya, I Komang; Halmadiningrat, I Made
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.66507

Abstract

This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation in lieu of Job Creation Law. Using the normative legal research method, the authors used statutory, case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court aims to uphold the balance of companies’ efficiency and outsourced workers’ rights protection. The findings are evidenced by the Constitutional Court’s stance in a decision that implies that outsourcing is constitutional to enhance the State’s economy while simultaneously protecting the outsourced workers’ rights to ensure the fulfillment of their constitutional rights by setting two-fold models of protection. Therefore, even if new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve determining whether such balance has been sufficiently met.
Developing an Indonesian Regulatory Framework in the Face of SEZs 5.0 Hutauruk, Rufinus Hotmaulana; Tan, David; Situmeang, Ampuan; Disemadi, Hari Sutra
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.67623

Abstract

Numerous emerging economies have embraced Special Economic Zones (SEZs) as more than just an instrument for policymaking to encourage growth and industrial development. Today’s “SEZ 5.0,” which is based on novel digital inventions offers a gateway to economic progression. This research utilizes the normative juridical method and secondary data based on library research. This research is novel in the way that it illuminates the numerous key lessons from effective SEZ practices, such as: geographical advantage, interoperability of zone strategic plan with the overarching development plan, acknowledging the context of the industry, and harnessing comparative advantage, as well as, making sure that SEZs are “special” in contexts of a business-friendly atmosphere supported by a sound statutory and regulatory model, along with the articulation of sustainable practices and adaptability towards the volatility of the market. This research recommends key policy lessons for the Indonesian SEZ governance.
Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights Fahmi, Chairul; Jihad, Azka Amalia; Matsuno, Akihisa; Fauzan, Faisal; Stoll, Peter-Tobias
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.68419

Abstract

This paper aims to analyse the concept of indigenous peoples in Indonesia and examines whether the concept is appropriate with an international legal framework. Analysing the concept is essential to legitimising indigenous rights under the international law regime. The discourse on indigenous in Indonesia emerged after the government rejected an international treaty on indigenous rights and was reluctant to adopt the UNDRIP into their national law. The government opposes this by arguing that the concept of indigenous peoples under the international legal framework is inappropriate for the Indonesian context. Consequently, indigenous peoples in Indonesia do not benefit from international norms that have recognised and protected their rights globally. This paper found that the concept of indigenous peoples in Indonesia has similarities and is appropriate to the international instrument (ILO169 and UNDRIP). Thus, ratifying the ILO treaty or adopting the UNDRIP into national law will benefit the indigenous in protecting their fundamental rights, including their collective rights to traditional lands under international norms.

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