Lex Scientia Law Review
Lex Scientia Law Review (LeSRev) is a peer reviewed journal organized by Undergraduate Law Student, Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published biannual every May and November. LeSRev is intended to be a scientific and research journal for all undergraduate law students with focus journal, but not limited to, criminal law, private and commercial law, constitutional and administrative law, environmental law, human rights law, international law, customary law, tax law, Islamic law, and all related issues concerning to legal studies. The Journal publishes contemporary articles on law, book review, and case analysis, and the Journal published within Bahasa and English both print and online version.
Articles
227 Documents
<![CDATA[Study of Human Rights in the State of The Rule of Law: Between Progressive Law and Positive Law ]]>
<![CDATA[Mukhamad Luthfan Setiaji]]>;
<![CDATA[Aminullah Ibrahim]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27580
<![CDATA[The formation of the law cannot be separated from the judges of judges (judge made law) related to law enforcement, while law enforcement is essentially a process to realize the legal objectives of legal ideas into reality. This paper examines aspects of human rights in the rule of law, between progressive law and positive law. Progressive law is a pro -justice and pro -people law, meaning that the law of legal actors is required to prioritize honesty, empathy, concern for the people and sincerity in law enforcement.]]>
<![CDATA[Implementation of Human Rights Values in the Pancasila Precepts ]]>
<![CDATA[Dicky Febrian Ceswara]]>;
<![CDATA[Puji Wiyatno]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27581
<![CDATA[Pancasila, which has been accepted and established as the basis of the state, as stated in the preamble to the 1945 Constitution, is the personality and outlook on life of the nation, which has been tested for its truth, ability and supernatural powers, so that no force can separate Pancasila from the life of the Indonesian nation. Human Rights in Indonesia originate and lead to Pancasila. Which means that human rights receive a strong guarantee from the nation's philosophy, namely Pancasila. Leading to Pancasila means that the implementation of human rights must pay attention to the lines that have been determined in the provisions of the Pancasila philosophy.]]>
<![CDATA[The Role of Advocates in Providing Legal Assistance to the Community in the Perspective of Human Rights ]]>
<![CDATA[Herning Setyowati]]>;
<![CDATA[Nurul Muchiningtias]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27582
<![CDATA[Legal assistance has a fairly important position in every criminal, civil, and state administrative justice system, no exception in Indonesia. The concept of legal assistance is related to a person's rights to carry out these rights, therefore legal assistance is carried out by legal experts and experienced people in order to carry out their profession. Legal assistance is carried out by the giver of legal assistance oriented to the values, namely the aspect of humanity to fight for human rights to live in a prosperous and just life.]]>
<![CDATA[Corruption in the Study of Law and Human Rights ]]>
<![CDATA[Pricilia Ryana]]>;
<![CDATA[Aisy Idzati]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27583
<![CDATA[It seems that the relationship between Corruption and Human Rights has not been widely discussed among academics and practitioners, there is not even much literature or textbooks on this subject. This may be due to the fact that the substance of corruption or criminal acts of corruption does not directly mention the substantive relationship between corruption and human rights. The phenomenon of corruption has resulted in poverty, low levels of education and health, and poor public services. And as a result of corruption, suffering is always experienced by the community, especially small communities who are below the poverty line.]]>
<![CDATA[Class Action Lawsuits in Human Rights Cases: Stigma 65 Strategies for Filed Class Action Lawsuits ]]>
<![CDATA[Via Melati Sukma]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27584
<![CDATA[Book written and edited by Restaria F. Hutabarat who was then a public lawyer for LBH in Jakarta. The book, entitled STIGMA 65 Strategies for Submitting Class Action Lawsuits, is also a historical and legal document regarding the activities of LBH Jakarta which conducted class action with victims of the 1965 stigma. This activity not only succeeded in documenting gross human rights violations after the events of the September 30th Movement (G30S) 1965 but also caused the consolidation of victims and challenged the performance of the judiciary towards the restoration of victims' rights. On the one hand, this text can serve as a guide for law enforcement officials, students, and the legal community in Indonesia, on the other hand, it is also a narrative about the history of human rights violations in the country and the struggles of victims. This book begins with the case of Nurhasyim, an errand boy at the Bogor Mayor's office who had been appointed a civil servant who had been temporarily dismissed starting November 1, 1965 because he was accused of being involved in the G30S rebellion.]]>
<![CDATA[Religious Freedom and Limits of Tolerance ]]>
<![CDATA[Siti Faridah]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27585
<![CDATA[Religious freedom is a fundamental human right, enabling individuals to practice their religious beliefs according to their personal beliefs. In Indonesia, a country with rich religious diversity, freedom of religion is guaranteed in the constitution. However, challenges arise in managing and maintaining interfaith harmony and overcoming the boundaries of tolerance. Although the constitution guarantees freedom of religion, there are cases where religious minorities face discrimination or restrictions on practicing their religion. Often times, multiple interpretations of religious teachings and a lack of understanding across religions can generate tension. Governments and society need to work together to promote interfaith dialogue and a deeper understanding of different religious beliefs. The limit of tolerance becomes an important issue in this context. Religious tolerance is an important foundation for social harmony, but it remains a question of where the line should be drawn. Tolerance should not be used as a justification for extremism or intolerance of different views. Therefore, there is a need to develop a clear framework on tolerance limits that respect human rights while preventing the spread of hatred and violence. In order to achieve an inclusive and harmonious society, it is necessary to have a balanced approach between freedom of religion and limits of tolerance. Governments must ensure the protection of the rights of religious minorities, while promoting strong values of tolerance and interfaith dialogue. Collective efforts to overcome differences and understand diverse religious perspectives will help build a more tolerant and united Indonesia.]]>
<![CDATA[Protection of the Rights of Indonesian Migrant Workers ]]>
<![CDATA[Triyan Febriyanto]]>;
<![CDATA[Agus Taufiqur Rohman]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27586
<![CDATA[To protect migrant workers who work abroad, the government has established Law Number 39 of 2004 concerning Placement and Protection of TKI abroad and its regulations. Nevertheless TKI cannot be protected properly either at the pre -placement stage, when placement (during placement), and after placement (post - placement). Various cases befall migrant workers who work abroad as if they do not know the final word ranging from acts of violence, sexual harassment, wages, working hours, and rest time that is not in accordance with work agreements, and others that violate human dignity and dignity.]]>
<![CDATA[Human Rights at the Court: Criticism of the Human Rights Courts in Indonesia ]]>
<![CDATA[Yuwanda Tri Maryoga]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27588
<![CDATA[As a court the Human Rights Court It was said in the preface of this book that efforts to protect human rights have been debated since the time when the 1945 Constitution was drafted at the BPUPKI, according to Hatta-Muh. Yamin, so that the state does not become a sovereign state, human rights need to be included in the Constitution, while Soekarno-Soepomo wanted the state to be founded with an understanding of kinship, while human rights were the result of individualism so that human rights were not included in the Constitution. The human rights contained in the 1945 Constitution also preceded human rights as contained in the Universal Declaration of Human Rights because this declaration was only established on December 10, 1948, enacted at the PPB general assembly in Paris.]]>
<![CDATA[Freedom of Expression in the Era of Democracy: Records of Human Rights Enforcement ]]>
<![CDATA[Della Luysky Selian]]>;
<![CDATA[Cairin Melina]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27589
<![CDATA[Since the rollout of reform in 1998, discourse and democratic movements have occurred massively and widely in Indonesia. UNESCO research results state that perhaps for the first time in history, democracy is stated as the best and proper name for all systems of political and social organization championed by its influential supporters. This paper tries to see how the fulfillment and protection of freedom of expression in Indonesia and its relation to Human Rights.]]>
<![CDATA[Grounding Pancasila: The importance of Upholding Human Rights as a Shield of Diversity Tolerance ]]>
<![CDATA[Indra Wicaksono]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v2i2.27590
<![CDATA[The importance of grounding Pancasila to enforce human rights as a shield of diversity tolerance. Knowing about intolerance can violate human rights and know the role of the principles in Pancasila to deal with diversity intolerance. However, the interpretation is elaborated through the articles in the statutory regulations, one of which is stated in Article 28E of the 1945 Constitution of the Republic of Indonesia and in Article 22 paragraph (1) of Law No. 39 of 1999 concerning Human Rights. If the rights referred to in the article are seized by others, then what will happen is the intolerance of diversity that violates human rights. Sila in Pancasila itself has an important role in dealing with this intolerance. The five precepts of Pancasila are a manifestation of the Indonesian Citizen Association for its differences.]]>
