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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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Conceptualizing Policy on Underwater Cultural Heritage: Towards Legal Protection and Ecotourism Promotion in Karimun Jawa, Indonesia Puspitawati, Dhiana; Fadli, Moh.; Lutfi, Mustafa; Anggoro, Syahriza Alkhoir; Rusli, Mohd Hazmi Mohd
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.v8i2.68464

Abstract

Karimun Jawa Island is a promising maritime asset, enriched by abundant water resources in Central Java. However, the allure of this location poses a potential threat to the sustainable ecosystems of marine biota unless prompt government action is taken to safeguard its underwater cultural heritage. This research proposes a comprehensive policy design for legal protection and ecotourism development in Karimun Jawa, balancing economic considerations and environmental preservation. Employing a socio-legal methodology encompassing interviews, observation, and focus group discussions, the study identifies substantial challenges in managing underwater cultural heritage in Karimun Jawa. These challenges encompass over-exploitation, shipwreck theft, damage from trawlers, natural disasters, and plastic pollution. The research underscores the imperative for the government to formulate measures ensuring legal protection on international, national, and regional fronts. At the global level, immediate ratification of the Convention on the Protection of Underwater Cultural Heritage 2001 is recommended. Moreover, effective collaboration among stakeholders—central and regional governments, local communities, and maritime enterprises—is deemed crucial for sustainable, culturally informed policy formulation fostering responsible management, utilization, and protection of this unique marine heritage.
Averting Deforestation: Designing the Model of a Public Participation-Based Environmental Agreement of Shifting Functionality of Forest Permadi, Iwan; Maharani, Diah Pawestri; Ayub, Zainal Amin
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.v8i2.68911

Abstract

This research highlights the shifting concepts and mechanisms in business licensing in forest areas from environmental licensing to an environmental agreement following the effectuation of Indonesia’s Job Creation Law. It is important to investigate this change, considering that it may involve environmental damage or deforestation in forest areas, which tends to be pro-businesses. With the normative-juridical method that incorporates statutory, conceptual, and analytical approaches, This research aims to analyze the concept of the integration of an environmental agreement in risk-based business licensing that has changed business licensing into an environmental agreement in forestry. This study also analyzes the concept of an environmental agreement concept regarding the likelihood of deforestation and the shifting functionality of forest areas. The last important point is that it is paramount to set an ideal legal construction in the environmental agreement in risk-based business licensing in forestry businesses by employing a restorative justice approach and public participation. The research results recommend an ideal legal concept in the integration of an environmental agreement into risk-based business licensing by taking into account public participation, as outlined in Environmental Protection and Management Law, implying citizens to have both public and private rights, enabling them to participate. Moreover, the public role can adjust to the need and risk levels developed with varied concepts of the development of public participation by considering theories and practices in other countries.
Transformation of the Legislative System in Indonesia Based on the Principles of Good Legislation Martitah, Martitah; Hidayat, Arif; Anitasari, Rahayu Fery; Rahman, Malik Akbar Mulki; Aini, Triska Rahmatul
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.v8i2.69262

Abstract

The Constitutional Court’s decision (Number 91/PUU-XVIII/2020) on the Formal Examination of Law Number 11 of 2020, addressing Job Creation and the subsequent enactment of Law Number 13 of 2022, has catalyzed a profound transformation in Indonesia’s legal system. This legal evolution, explored in the context of the Transformation of the Legislative System in Indonesia Based on the Principles of Good Legislation, delves into the political dynamics of legislation leading to numerous Constitutional Court litigations. The quality of law formation is scrutinized in light of the principles of good legislation, emphasizing transparency, participation, effectiveness, and efficiency. The study assesses how the Indonesian parliament executes its legislative function and underscores the imperative for reformulating planning, institutions, and capacity. The article advocates for an expedited authorization of Information and Communication Technology (ICT) as a crucial step toward digitizing legislation in the pursuit of a thoroughly transformed and principled legislative system.
Unmasking Illicit Enrichment: A Comparative Analysis of Wealth Acquisition Under Indonesian, Thailand and Islamic Law Akhmad, Akhmad; Fernando, Zico Junius; Teeraphan, Papontee
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.v8i2.69332

Abstract

Within the context of both countries, influenced significantly by Islamic legal norms, corruption and illicit enrichment are condemned as violations of justice, honesty, and integrity. In Thailand, where the legal framework for handling illicit enrichment is relatively well-structured, these values can be further integrated to enhance transparency and accountability. Shifting the burden of proof, in line with Islamic ethical principles, can imbue the law enforcement process with a robust moral and social dimension. In Indonesia, where the concept of illicit enrichment is not fully articulated in anti-corruption legislation, these values can serve as a foundation to complement the existing legal framework. The KPK, empowered to monitor officials' wealth, can incorporate these principles into its vetting and investigative mechanisms, reinforcing a values-based approach to corruption prevention and prosecution. Applying Islamic teachings in governance and law can provide an ethical underpinning, fortifying existing legal structures. It entails not only introducing new rules but also nurturing a culture of integrity in society and emphasizing the moral responsibility of public officials. By grounding their legal systems in profound Islamic values, both countries can advance their battle against corruption and illicit enrichment, fortify their legal frameworks, and ultimately promote the development of more transparent and accountable governance.
Legal Culture and Legal Consciousness of Consumers: The Influence on Regulation and Enforcement of Consumer Protection Laws Fibrianti, Nurul; Santoso, Budi; Setyowati, Ro’fah; Rindyawati, Yuli
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.v8i2.69336

Abstract

Consumer protection, vital for those who consume goods and services without the intent of resale, relies on government intervention through regulatory frameworks. These regulations play a pivotal role in shaping consumer behavior, referred to globally as consumer legal culture, influenced by diverse societal backgrounds. The effectiveness of such regulations depends on alignment with consumer values. This article scrutinizes consumer behavior in Indonesia, Spain, and Australia, each characterized by unique cultures impacting consumer conduct and regulatory development. In Indonesia, consumer behavior diverges, displaying a tendency toward weaker self-protection. Despite cultural diversity, consumer awareness of product scrutiny is deficient. Affordability often outweighs safety and quality considerations, reflecting a broader trend. Legal awareness is low due to insufficient education on consumer rights. Weaknesses in consumer protection regulations and inconsistent enforcement contribute to perceptions of inadequate safeguards. Globally, varied social and cultural conditions shape consumer behavior, emphasizing the common challenge of fostering awareness for product safety and quality. The article underscores the need for culturally sensitive approaches in formulating and enforcing consumer protection measures to address diverse challenges. In summary, understanding consumer behavior in distinct cultural contexts is crucial for effective consumer protection, necessitating tailored regulatory strategies to ensure product safety and quality on a global scale.
Legal Development in the Overcoming Overfishing in Indonesian Coastal Areas Roisah, Kholis; Rahayu, Rahayu; Yusliwidaka, Arnanda; Mubarok, Zaki; Buditama, Ajar
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.v8i2.69358

Abstract

Indonesia, as a vast island state surrounded by extensive seas, holds a strategic advantage in the maritime sector. The coastal areas, rich in resources, play an indispensable role in the lives of numerous Indonesians. Despite the abundance of resources, the well-being of the population faces uncertainties attributed to management challenges. A prominent issue exacerbating the decline in the coastal ecosystem and diminishing productivity is the phenomenon of overfishing. Characterized by the excessive extraction of fish beyond their capacity to replenish, overfishing poses a severe threat to coastal areas. This unsustainable practice is rooted in legal ambiguities, conflicts in authority, and the bio-geophysical degradation of resources within coastal zones. The detrimental consequences of overfishing necessitate immediate attention and intervention to preserve coastal ecosystems and secure the livelihoods of those reliant on them. Addressing these challenges, the focus of this research is on preventing the widespread occurrence of overfishing in coastal areas and mitigating the impacts of existing overfishing activities. The primary strategy proposed involves the development of a robust legal framework for the management of coastal areas. Through the establishment of clear legal guidelines, resolution of uncertainties, and mitigation of conflicts in authority, this research aims to lay the groundwork for sustainable and responsible practices in coastal resource management. The research aims to provide valuable insights that contribute to the enhancement of coastal area management, ultimately fostering ecological sustainability and improving the welfare of communities dependent on these vital resources. By delving into the complexities of coastal resource management, this study seeks to enrich the discourse surrounding sustainable practices, thereby facilitating informed decision-making and policy development in the quest for a harmonious coexistence between human communities and coastal ecosystems in Indonesia.
The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries Sulistyanta, Sulistyanta; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego; Danendra, Ravi
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.v8i2.70002

Abstract

The imperative role of anti-pornography laws in shielding the younger generation from the pervasive influence of explicit content is indisputable. Nevertheless, the critique leveled against the formulation of criminal sanctions within the ambit of anti-pornography legislation necessitates a rigorous examination of the principle of proportionality. To elucidate this issue, juridical normative research is paramount, with a particular focus on comparative analyses involving Law No. 44 of 2008 and corresponding anti-pornography statutes in Sweden, the Philippines, Malaysia, and India. The findings derived from this comparative investigation reveal several key insights. Firstly, a nuanced exploration exposes both commonalities and disparities in the patterns underpinning the formulation of anti-pornography statutes across these jurisdictions. Secondly, while there is alignment between the gravity of the offense and the severity of criminal sanctions, a notable deficiency surfaces in the failure to distinguish between first-time offenders and recidivists, thereby falling short of the fundamental principle of proportionality. Furthermore, a critical observation underscores the absence of rehabilitative measures for adult offenders grappling with pornography addiction, presenting a lacuna in the current legislative framework. Lastly, the relative nature of anti-pornography formulations from diverse nations underscores a compelling correlation between the legal stance on criminality and the prevailing moral ethos of the respective societies. This comprehensive analysis serves as a clarion call for a recalibration of anti-pornography legislation, aligning it more closely with the principle of proportionality and accounting for the nuanced considerations in rehabilitating offenders.
Discretionary Policy Responses in India and Indonesia Amidst the COVID-19 Pandemic: Challenges, Strategies, and the Imperative for Legal Reform Rumesten RS, Iza; Muntaqo, Firman; Panjaitan, Saut Parulian; Bugaeva, Anna Sergeevna; Towadi, Mellisa
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.v8i2.70143

Abstract

This study endeavors to conduct a meticulous analysis and comparison of the discretionary policy frameworks employed by India and Indonesia in response to the challenges posed by the COVID-19 pandemic. The research delineates its focus into two primary dimensions: firstly, an examination of the structure and application of discretionary policies formulated by the central governments of both nations; secondly, an in-depth exploration of the challenges and strategic considerations in the local-level implementation of these policies, aligned with the dynamic nature of the pandemic. Employing a rigorous research methodology, this study entails the systematic analysis of pertinent legal and policy documents, a comprehensive review of existing literature, and a nuanced conceptual and philosophical interpretation of discretionary policies in the context of pandemic management. The findings of this research underscore the distinctive approaches undertaken by India and Indonesia in the implementation of discretionary policies. India adopts a more centralized model, whereas Indonesia pursues a decentralized trajectory. Both nations encounter challenges in inter-governmental coordination, with India grappling with the harmonization of central and state policies, and Indonesia contending with disparities between central and local governance. Furthermore, the research underscores the imperative for both countries to reassess and develop legislative frameworks that are adaptive and dynamic, harmonizing legal rigidity with the requisite flexibility to effectively respond to the rapidly evolving conditions of the pandemic. Crucially, the research emphasizes the necessity for enhanced transparency and accountability within the realm of discretionary policy. Both countries are urged to fortify these elements to cultivate public trust and ensure the efficacious and equitable implementation of policies during the ongoing public health crisis.
Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria Razak, Askari; Muhtar, Mohamad Hidayat; Rivera, Kevin M.; Saragih, Geofani Milthree
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.v8i2.70717

Abstract

This study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these institutions operate in practice. Analysis shows that the Constitutional Courts in both countries serve as the primary guardians of justice and human rights. However, it must also operate in a complex environment, dealing with social, political, and international challenges. The study found that changes in laws and regulations have significant potential to strengthen the authority and effectiveness of the Constitutional Court. This is reflected in the constitutional evolution in both countries, where legal and regulatory reforms have played an important role in shaping and defining the authority of the Constitutional Court. This study confirms the importance of increasing the capacity and legal knowledge of members of the Constitutional Court, as well as the need for greater understanding and appreciation from the public of this institution's vital role and function. This research contributes to understanding how constitutional institutions can adapt and evolve to meet challenges in enforcing political and civil rights.
Good Corporate Governance Principles in Islamic Banking: A Legal Perspective on the Integration of TARIF Values Hirsanuddin, Hirsanuddin; Martini, Dwi
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.v8i2.70784

Abstract

Islamic banking, rooted in the foundational principles of shiddiq (honesty), tabligh, amanah (fulfillment of beliefs), and fatanah (intelligence) derived from the teachings of Prophet Muhammad, stands in stark contrast to conventional banking, which is driven by Western-derived concepts encapsulated in Good Corporate Governance (GCG). The latter is characterized by principles such as transparency, accountability, responsibility, independency, and fairness (TARIF). This research investigates the possibilities and implications of applying GCG principles in Islamic banking, examining their impact on Islamic economic law. Utilizing a normative legal study, the research delves into primary and secondary legal materials, employing a deductive analysis with both statutory and conceptual approaches. The integration of GCG principles in Islamic banking signifies a convergence of values that fosters justice, tawazun (balance), mas’uliyah (accountability), akhlaq (morality), shiddiq (honesty), amanah (fulfillment of beliefs), fatanah (intelligence), and economic equilibrium within the framework of Islamic economic law.

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