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[Legality of Bitcoin in Business Transactions in Indonesia ]]>
<![CDATA[Ilyasa, Raden Muhammad Arvy]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35394
<![CDATA[The world is currently facing the phenomenon of disruption, where the movement of the industrial world is moving very quickly from the old order to the new order. Developments in the economic field in this era are in line with technological developments, and one of the developments in the economic field is the emergence of Bitcoin. Bitcoin is a virtual money that uses Cryptocurrency technology, as one of the famous virtual money is becoming a new trend as an international payment with all the benefits. Among the existing Cryptocurrencies that stand out the most is Bitcoin. In Indonesia, Bitcoin has attracted attention because of its several advantages and has started to carry out major expansions and has a separate marketplace available. In circulation in Indonesia, Bitcoin has become a polemic in itself in the world and in Indonesia. There are several countries in the world that legalize Bitcoin circulation and have legal regulations and there are also countries that strictly prohibit its circulation. In Indonesia itself there is no clarity whether Bitcoin may be used or not as a currency, as well as the attitude of the government which states that all risks of using Bitcoin are borne by the owner and use of Bitcoin in Indonesia which is contrary to article 28 of the 1945 Constitution which states that the state must guarantee certainty law and legal protection for every citizen.]]>
<![CDATA[Business Entity Pre-Merger Notification Policy as Law Enforcement in the Industrial Revolution Era 4.0 ]]>
<![CDATA[Ibrahim Suhandi, Farid]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35395
<![CDATA[The consequence of the dynamics of globalization has given rise to an a priori phenomenon called the industrial revolution 4.0 so that this is a challenge for the Business Competition Supervisory Commission (KPPU) to be able to protect market conditions that develop as dynamically as possible. Through this matter, the authority of KPPU needs to be optimized in order to adjust to market dynamics. The implementation of a company merger becomes a situation that has the potential to cause a form of unfair business competition. This is certainly the authority of KPPU to be able to provide supervision and evaluation of this matter, but with the post-merger notification regime still in force, it is possible that there will be a cancellation of a merger which has an impact on losses suffered by the company. Therefore, it is necessary to change the regime to pre-notification of merger which has gone through several necessary considerations. Thus, it is hoped that KPPU will be able to become the main protector in creating a fair and conducive market condition.]]>
<![CDATA[Study of E-Commerce Import Duty Exemption Tariff Based on Ministerial Regulation Number 112/PMK.04/2018 ]]>
<![CDATA[Qotimah Nita Permata, Chusnul]]>;
<![CDATA[Nada, Qotrun]]>;
<![CDATA[Iqbal Baiquni, Muhammad]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35396
<![CDATA[International Trade is now easy to access by all groups through online shops. Every International Trade activity is followed by customs obligations, one of which is the payment of import duties, export duties and taxes. Based on data released by kemenkeu.go.id, in 2015 state revenue from customs accounted for 10.2% of state revenue. This shows that the customs sector plays a role in state revenue, therefore it is necessary to carry out supervision. Indonesia as a developing country is still in the usual standards regarding the welfare of its people, there are even a small number of people who have not received what is called welfare. The author in this paper focuses on import duties, the authors argue that import duties can contribute a sizable amount of funds in order to improve people's welfare. The needs of today's society are increasing and varied. This need requires competition between foreign and domestic traders. In Ministerial Regulation Number 112/PMK.04/2018 article 13 paragraph (1) it is explained regarding exemption from import duty of a maximum of USD 75.00. This article clearly provides easy access for foreign products to enter the country. This also has an impact on the lack of public interest in local Indonesian products whose quality is not inferior to foreign products. The purpose of this writing is for the government to reduce import duty exemption rates again, so that it is not easy for foreign products to enter Indonesia.]]>
<![CDATA[Re-existence of the Culture of Shame in Online Buying and Selling Fraudulent Practices to Improve Consumer Protection in the Era of the Industrial Revolution 4.0 ]]>
<![CDATA[‘Azzah Fadhilika, Zulfa]]>;
<![CDATA[Muftie Holish, Amarru]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35397
<![CDATA[The world has now entered the era of the Industrial Revolution 4.0 marked by the use of technology in all fields. The practice of buying and selling now takes advantage of increasingly rapid technological developments. The method used in this study is to use a descriptive qualitative approach in which the main problems will be explained, and an analysis of the problems regarding the emergence of online purchases. The authorities have committed crimes under the ITE Law which are often ineffective and inadequate. The culture of shame as a local wisdom in Indonesia often makes people feel more careful, because real social sanctions are obtained by perpetrators often causing a deterrent effect for perpetrators and not criminal penalties. But the growing culture of shame began to disappear in the middle of the ages.]]>
<![CDATA[Child Labor Issues and Relations with Human Rights ]]>
<![CDATA[Faridah, Siti]]>;
<![CDATA[Afiyani, Laila]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35398
<![CDATA[Consists Over time, the exploitation of child labor in Indonesia is increasing every year. This is due to low economy and education which forces children to work and help their parents financially. Juridically, Indonesia has regulations governing child labor as stated in the labor law. This is intended so that children's rights are not ignored but are still protected by the government. However, the rules that have existed from time to time are not in accordance with the complexity of society that continues to develop until now. So that it is as if the rules in force do not have the power to regulate the order of society. According to the Convention on the Rights of the Child, children have the right to be protected from all forms of economic exploitation and from all forms of work that is hazardous and interferes with the child's education, health, physical, mental, spiritual, moral and social aspects. In this case, there are three approaches to looking at the problem of child labour, namely elimination, protection and empowerment.]]>
<![CDATA[The Reality of Law Enforcement in Indonesia in the Perspective of Law and Development: Should the Law be obeyed or feared? ]]>
<![CDATA[Putri Edytya, Nindya]]>;
<![CDATA[Satya Prawira, Reyhan]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35399
<![CDATA[Law and Development is a study related to the existence or validity of laws in the countries that are part of Development Studies. For Indonesian people, the existence of law depends on how the government enforces law in society. Therefore, it is necessary to bring law enforcement to be strict and authoritative in the Indonesian legal system in society. Based on this, the author's research uses a juridical-sociological research methodology that examines rules, concepts, and public views on law enforcement in Indonesia.]]>
<![CDATA[Juridical Study of Unlawful Acts as Factors in Cancellation of Auctions on Guaranteed Objects ]]>
<![CDATA[Herry Christian, Jordy]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35401
<![CDATA[The juridical study of onrechtmatige daad as a factor in the cancellation of the auction of mortgage objects guarantees whether there is PMH (onrechtmatige daad) carried out by the creditor against the debtor in carrying out the execution auction of the mortgage object execution. This study is inseparable from article 1365 Burgerlijk Wetboek which was ratified into the Civil Code which contains 4 conditions or elements of onrechtmatige daad, namely that there must be an act (daad), an error (schuld), a loss (shade) and causality (causality). One of the modern arguments often used by debtors to cancel auctions of mortgage objects is the setting of a low value or price limit that is not in accordance with the provisions of the auction. As a real example of setting a limit value or price as a cancelation factor for an auction, we can find it in the Supreme Court Decision No. 274/PDT.G/2013/PN.BDG in which the debtor argues that there was an unlawful act committed by the creditor or the defendant so that the judge declares the auction is illegal and has no binding legal force, this is because the implementation of the auction does not comply with the auction provisions in PMK Number 27/PMK.06/2016, so that the minutes of the auction for the collateral object are canceled by the judge in his decision.]]>
<![CDATA[Review of Criminal Law Sanctions on Damaged Coral Reefs ]]>
<![CDATA[Afifa Fadillah, Siti]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35403
<![CDATA[The problem that is currently unresolved is the destruction of marine ecosystems, namely coral reefs. Coral reefs have many important roles in marine ecosystems. Coral reefs have 100 years to reach a height of 1 meter. There are 2 causes of the destruction of coral reefs, namely: natural and human factors. Natural factors are also caused by humans (again) namely global warming. It is this human action that really likes to exploit this underwater beauty, making it almost disappear and partially damaged. The action of the 'hunter' did not feel the impact. However, they will feel our grandchildren later. This is really a serious problem and any human behavior that damages coral reefs, either directly or indirectly, deserves to be categorized as an extraordinary crime as stipulated in Law No. 27 of 2007. The sanctions they receive are in the form of large fines and imprisonment for a long time.]]>
<![CDATA[Fisheries Law Enforcement in the Indonesian Sea Territory ]]>
<![CDATA[Sasvia, Hayyu]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35404
<![CDATA[Indonesia has vast oceans of potential fishery resources to support the country's economy. However, this potential cannot be utilized optimally because of criminal acts in fisheries and not yet maximally law enforcement in the field of fisheries. This becomes very important and strategic in order to support the development of fisheries in a controlled manner and in accordance with the principles of fisheries management. So that fisheries development can run sustainably. The implementation of law enforcement in the field of fisheries still has weaknesses due to the complexity of the fisheries crime problem, as well as the problem of coordination mechanisms between law enforcement agencies and the establishment of unfair fisheries courts in all jurisdiction countries. In solving the problem, reform in law enforcement is the main key which focuses on legal substance and human resources that support law enforcement in the field of fisheries so that fisheries development can run in a sustainable manner.]]>
<![CDATA[Indonesian Criminal Law Study on the Misuse of Visum Et Repertum Evidence as a Means for Committing the Crime of Extortion ]]>
<![CDATA[Rohmat, Rohmat]]>;
<![CDATA[Dyah Nugraheni, Prasasti]]>
<![CDATA[ Lex Scientia Law Review Vol 3 No 2 (2019): Development of Law in the Era of Disruption ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v3i2.35422
<![CDATA[The problem in this paper is how the position of the Visum et Repertum evidence in the Indonesian Criminal Code study, the strength of the Visum et Repertum evidence and how the Indonesian criminal law study of the Visum et Repertum evidence is used as a tool to commit extortion crimes. This type of research uses normative analysis research. The research material used is secondary. So the method of data collection was carried out through literature studies, while data analysis was carried out qualitatively. Based on the results it can be said that the strength of the Visum et Repertum evidence is only as a complementary instrument in seeking the truth. Someone who deliberately uses a post mortem for illegal gain, then that person cannot be considered a victim but another actor related to the witness. Based on the analysis of criminal elements in the monistic school and elements of criminal responsibility in the dualistic school, the perpetrators of these crimes have fulfilled the Dolus element. The research can be concluded that Indonesian criminal law has not directly controlled it. It can be said that the strength of the Visum et Repertum evidence is only a complementary instrument in seeking the truth. Someone who deliberately uses a post mortem for illegal gain, then that person cannot be considered a victim but another actor related to the witness.]]>
