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[Protection of Human Rights in Reclamation in Coastal Areas and Small Islands ]]>
<![CDATA[Syaiful Hadi]]>;
<![CDATA[Tahegga Primananda Alfath]]>;
<![CDATA[Trianita Yandhini Syarifudin]]>
<![CDATA[ Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v2i2.27591
<![CDATA[Reclamation of coastal areas is becoming increasingly widespread in various regions, under the pretext of increasing investment and regional income, permits to carry out reclamation seem easy, BUMN/BUMD or the private sector are made partners of cooperation by the government as executors of reclamation projects. The reclamation project legalized by the government is based on the existence of marine conservation, investment in coastal areas and small islands, and the construction of seaside dwellings. Even though the reclamation project is in direct contact with the lives of the surrounding community, especially fishing communities in coastal areas and small islands. Privatization and commodification of marine resources which then displaces the existence of coastal communities and eliminates their access to their livelihoods, this is a violation of human rights. Based on this, the legal issues that will be discussed in this study are first, the government's obligation to protect human rights for communities in coastal areas and small islands. Second, whether Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and the regulations under it have provided access to protection of the human rights of coastal communities and small islands.]]>
<![CDATA[Analysis of the Applicability of the RKUHP and RUU-PKS in Regulating Sexual Violence ]]>
<![CDATA[Rais, Natasya Fila]]>;
<![CDATA[Manurung, Gracia Putri]]>;
<![CDATA[Wardani, Agnes Kusuma]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.29788
<![CDATA[This paper examines sexual harassment in Draft of Indonesian Criminal Code (RKUHP) and Bill Draft on the Elimination of Sexual Violence (RUU PKS), and the impact of applicability of the Draft of Indonesian Criminal Code (RKUHP) and Bill Draft on the Elimination of Sexual Violence (RUU PKS). Based on Annual Notes of Indonesian National Commission on Violence against Women, the number of sexual harassment cases is increasing ever year. The data shows that Indonesia needs new rules that can protect the victims. This study was conducted by using literature review method. The analysis presents the comparison between sexual harassment in Draft of Indonesian Criminal Code (RKUHP) and Bill Draft on the Elimination of Sexual Violence (RUU PKS), and the impact of applicability of both bill drafts. Artikel jurnal ini bertujuan menganalisis kekerasan seksual yang terdapat dalam Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP) dan Rancangan Undang-Undang Perlindungan Kekerasan Seksual (RUU PKS), dan dampak diberlakukannya Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP) dan Rancangan Undang-Undang Perlindungan Kekerasan Seksual (RUU PKS). Berdasarkan Laporan Tahunan Komisi Nasional Anti Kekerasan Terhadap Perempuan, kasus kekerasan seksual terus meningkat tiap tahunnya. Data tersebut menunjukkan bahwa Indonesia membutuhkan peraturan yang dapat melindungi korban-korban kekerasan seksual. Penelitian ini dilakukan dengan metode tinjauan pustaka. Analisis penelitian ini menghasilkan perbandingan kekerasan seksual dalam Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP) dan Rancangan Undang-Undang Perlindungan Kekerasan Seksual (RUU PKS), dan dampak diberlakukannya Rancangan Kitab Undang-Undang Hukum Pidana (RKUHP) dan Rancangan Undang-Undang Perlindungan Kekerasan Seksual (RUU PKS).]]>
<![CDATA[The Deprivation of Women's Rights Due to Discrimination on the Marriage Age Limit ]]>
<![CDATA[Herry Christian, Jordy]]>;
<![CDATA[Edenela, Kirana]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30723
<![CDATA[In the 1945 Constitution of the Republic of Indonesia in article 27 paragraph (1) it is said that every citizen has the same position in law and government, but the Marriage Law No. 1 of 1974 which stipulates a difference in the minimum age limit for marriage, namely 16 (sixteen) years for women and 19 (nineteen) years for men, which creates discrimination against women and hinders the fulfillment of women's constitutional rights, namely the right to health, education and equality before the law. In its decision Number 22/PUU-XV/2017 asked the DPR to immediately revise the minimum age limit for marriage, but the Constitutional Court did not clearly stipulate the minimum age limit for marriage due to its open legal policy. Based on normative juridical studies, it can be concluded that the ideal minimum age for marriage is 18 years because it is in accordance with positive law in Indonesia and in accordance with global demands and eliminates discriminatory nature in the Marriage Law.]]>
<![CDATA[Weak Law Enforcement in Cases of Violence Against Women with Disabilities ]]>
<![CDATA[Faridah, Siti]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30725
<![CDATA[Women are created by God and have the same rights as men without any restrictions or other things that discredit equal equality. The echoes and shouts for gender equality are motivated by the politics of marginalization of women which reflects indirect acts of discrimination. In addition, women with disabilities have double discrimination because of their disability and because they are women. Many cases and law enforcement have not been completed against women with disabilities because of negative stereotypes in society that do not protect and support the fulfillment of their basic rights. In fact, many cases that occur do not have serious treatment and instead end up only in psychological and psychosocial assistance.]]>
<![CDATA[Reconstruction of Minimum Age for Marriage as a Form of Legal Protection for Women (Analysis of Constitutional Court Decision No. 22/PUU-XV/2017) ]]>
<![CDATA[Nugraha, Xavier]]>;
<![CDATA[Izzaty, Risdiana]]>;
<![CDATA[Putri, Annida Aqiila]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30727
<![CDATA[Article 7 paragraph (1) Law no. 1 of 1974 concerning Marriage provides that the minimum age for marriage for men is 19 years while for women is 16 years. In the explanation, this aims to maintain the health of husband and wife and offspring. However, the minimum age limit for marriage for women that has been set is contrary to Law no. 35 of 2014 concerning Child Protection which stipulates that a child is someone who is not yet 18 years old. So that makes Article 7 paragraph (1) Law No. 1 of 1974 is discriminatory and has the potential to violate the constitutional rights of girls with the occurrence of child marriage. Constitutional Court Decision No. 22/PUU-XV/2017 states that Article 7 paragraph (1) of Law no. 1 of 1974 has no permanent legal force and gives the legislature 3 years to formulate new norms. If this time period has passed, the minimum age limit for marriage will be harmonized with the age limit for children in Law no. 35 of 2014. The purpose of this study is to describe legal protection for women through setting a minimum age limit for marriage. The research method used is normative research with statutory, conceptual and case approaches.]]>
<![CDATA[Quo Vadis Legal Protection for Victims of Sexual Harassment on Campus ]]>
<![CDATA[Chandra Sitorus, Jeremy]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30731
<![CDATA[Sexual assault on campus has recently received widespread and unprecedented public attention. Sexual assault on campus is an iceberg phenomenon, it can happen to both men and women, although women have a higher risk. This study aims to provide an overview of what is classified as sexual assault. The results of this study conclude that there are still many victims of sexual assault who choose to remain silent and do not demand justice because of the imbalance of power relations and the normalization of sexual assault on campus. As well as the lack of firmness on the part of the parties so that the perpetrators can continue their activities on campus and cause deep trauma and fear in the victims. In addition, campus fact-finding activities cornered victims who dared to demand justice. Campus intervention is important to destroy the culture of normalizing sexual assaults that occur on campus. Including educating students to understand the meaning of consensual sexual contact.]]>
<![CDATA[Existence of Presidential Regulation in the Legislative Regulation System ]]>
<![CDATA[Husen, Ahmad]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30733
<![CDATA[Presidential Regulations are Legislations made by the President. Prior to the enactment of Law Number 10 of 2004 Juncto Law Number 12 of 2011, the term Presidential Regulation was unknown. The term used is Presidential Decree. This research is a normative research. The form of this research is prescriptive research, namely research aimed at getting suggestions about what to do to solve problems. The research approach used includes a statutory approach and a case approach. The type of data used is secondary data. The analysis used in this research is descriptive qualitative. The results of this study are that after the enactment of the law, it is not appropriate to replace the term Presidential Decree with Presidential Regulation.]]>
<![CDATA[Protection against Indonesian Women Workers ]]>
<![CDATA[Putra, Septeryan Dwi Purnomo]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30829
<![CDATA[Employment problems in Indonesia such as never discussed after the Indonesian government in which the essence of national development is the development of the Indonesian people as a whole and the development of Indonesian society entirely. Protection against the guarantee of the security of all forms of violence whether physical or psychological, abuse, rape, torture, persecution, murder, expulsion, or in other words to provide protection against acts of arbitrariness of the persons. Some reasons why we put our work abroad, in addition to being one alternative to solve the problem of unemployment. It can also be used to increase foreign exchange earnings for the country.]]>
<![CDATA[Women Exploitation in Prostitution Business ]]>
<![CDATA[Pratama, Yoga Nanda]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30830
<![CDATA[Women are respected and worth to be respected. Although women often get unfair treatment and often underestimated and even in some countries women are deemed unfit to live and worse, they kill babies of female or female sex. Until now women from different parts of the world are fighting for their rights and struggling to gain recognition and be well treated by the world. However, today there are still often found crimes involving women, one of which is a prostitution business that is very synonymous with the exploitation of women. Women who have struggled with difficulty still have to face the serious problems that still occur today. This journal will discuss more about the exploitation of women, ranging from factors, reasons and causes why there are women who are exploited by irresponsible people]]>
<![CDATA[Is there Still Optimism for Law Enforcement in Indonesia? Critical Notes on the Book ‘Noda Hitam Hukum Indonesia' (Yogyakarta: Navila Idea, 2010) ]]>
<![CDATA[Afruloh, Arif]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/lesrev.v3i1.30916
<![CDATA[This book written by Muhammad Awan explores the covert tactics of circumventing the law which were carried out systematically and procedurally during the reigns of President Susilo Bambang Yudhoyono and Jusuf Kalla. So that the law cannot do much against the actions that the author examines in this book. This book explains how the Bakrie Group was able to escape responsibility for the Lapindo Mudflow tragedy. We can also see a series of frauds in the 2009 election. It can be seen that there were attempts to undermine Bawaslu and Panwaslu, inflate the Permanent Voter List (DPT), or make Bank Century a place to keep illegal funds. Furthermore, when reading this book, we will understand that the principle of "law as commander in chief" is only a figure of speech which cannot avoid the fact that there are too many black spots on Indonesian law.]]>
