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Lex Scientia Law Review
Published by Universitas Negeri Semarang
ISSN : 25989677     EISSN : 25989685     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 227 Documents
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Legal Analysis Of Human Trafficking Case As A Transnational Organized Crime That Is Threatening State Security Prasetya, Yuda
Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i1.38635

Abstract

Human trafficking is a form of transnational crime. One of the cases that occurred in 2019 was the torture of one of the Female Workers even being made a sexual gratification is one proof of the cruelty of human trafficking. Several Conventions have been held to prevent human trafficking. The UN in 2000 issued the Palermo Protocol on Preventing, Eradicating and Punishing Trafficking in Persons. The perpetrators of human trafficking have violated human rights because of exploitation. The Government of Indonesia issued The Act Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons as an action to prevent trafficking in persons. Efforts to protect victims are also carried out by protecting, helping to resolve victims' problems and repatriating victims.
Optimizing the Role of the BUM Desa in the Development of Rural Economy During the COVID-19 Pandemic Zakariya, Rizki
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.40814

Abstract

The Covid-19 Pandemic had a negative impact on the socio-economic activities of the community in the village. The purpose of this study is to describe the urgency of optimizing the role of BUM Desa in developing rural economies in the midst of the Covid-19 Pandemic and solutions for this optimization. While the research method used is descriptive qualitative with a case approach and a statutory approach. The results of this study indicate the urgency of optimizing the role of BUM Desa in developing rural economies in the midst of the Covid-19 Pandemic because of the large contribution of BUM Desa to the national economy. However, the existence of Covid-19 caused economic losses for rural communities. Therefore, efforts to optimize the role of BUM Desa include encouraging BUM Desa as a provider of staple foodstuffs in the village, cooperation of BUM Desa with various parties, providing incentives and working capital credit for Village BUM, and conducting education and training for Village BUM managers.
Actualization of the Force Majeure Clausula in the Law of Agreement in the Middle of Pandemic COVID-19 Nur Azmi, Rama Halim; Hilmy, Muhammad Irfan
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.40897

Abstract

As the governing body for social life, the existence of law cannot just be released. The importance of law in human life is solely for creating justice and order. One of the essences of the law itself is that there are rules for the relationship between the state and its people and between individuals. In general, laws that regulate relationships between individuals in society are civil laws. In civil law, there are several scopes including agreement. An agreement is essentially an agreement between the parties which then creates a legal relationship between the parties. However, in its application, there are several reasons that can be used by either party for not fulfilling its achievement. One of the reasons for this is force majeure or better known as a state of force. In general, the state of force is only synonymous with natural disasters or the act of God. But now the scope of force majeure has expanded in practice. Currently, almost all countries in the world are being hit by the COVID-19 pandemic. This pandemic condition certainly affects all aspects of life, including the enforcement of an agreement. Through this paper the author will discuss the conception of force majeure and how it correlates with the current pandemic situation. The method used in this paper is normative juridical approach to laws and regulations, conceptual approaches, and case approaches.
Legal Protection of Personal Data as Privacy Rights of E-Commerce Consumers Amid the Covid-19 Pandemic Haganta, Raphael
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.40904

Abstract

The use of e-commerce in the midst of the COVID-19 pandemic shows an increase. This is due to the publication of several regulations that limit everyone's activities outside the home, affecting conventional trading activities online by utilizing e-commerce. Although providing benefits during the pandemic, e-commerce has a vulnerability to personal data protection. Through this paper, the authors use normative legal research methods, intending to know the concept of personal data as a right of privacy and the construction of Indonesia's positive laws in legal protection of the personal data of e-commerce consumers.The use of e-commerce in the midst of the COVID-19 pandemic shows an increase. This is due to the publication of several regulations that limit everyone's activities outside the home, affecting conventional trading activities online by utilizing e-commerce. Although providing benefits during the pandemic, e-commerce has a vulnerability to personal data protection. Through this paper, the authors use normative legal research methods, intending to know the concept of personal data as a right of privacy and the construction of Indonesia's positive laws in legal protection of the personal data of e-commerce consumers.
Assessing the Rights of Women Victims of Home Violence During the COVID-19 Pandemic Bagas Ragil Wicaksono, Muhammad; Lestari, Ayu
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.40946

Abstract

Domestic violence is violence that occurs in the family home, be it physical, psychological, verbal, sexual or economic violence that has legal consequences. Most of the cases of domestic violence victims are dominated by women, this is motivated by the strength of a patriarchal culture that dominates the culture and values of society. Without realizing it, this culture has silenced women's human rights. Especially in the midst of the Covid-19 pandemic because of psychological and economic pressures, it opens up great opportunities for women to become targets of objects of domestic violence. Therefore this research will further study women's human rights, protection and recovery of women victims of domestic violence. The writing of this article applies a normative juridical approach with literature study while the data management is carried out in a qualitative descriptive manner. The results of this study conclude that the protection and restoration and fulfillment of the human rights of women victims of domestic violence are still weak.
Law and Human Rights in Addressing Labor Problems during the Pandemic to Achieve Sustainable Development Goals Arthanti, Berliana Dwi; Eka Pramudhita, Nabilla Dyah
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.40947

Abstract

The labor sector, as an important element in Indonesia's economic growth, has also felt the impact of Covid-19. Rampant unemployment, layoffs, not being registered with the BPJS, violation of workers/labor rights during this pandemic have given negative signals for national economic growth. This is because of the increase in the number of unemployed will increase the poverty rate, reducing the national Gross Domestic Product. The Act Number 13 of 2003 concerning Manpower, which is actually the main milestone in the enforcement of human rights and democracy for manpower, has not been implemented optimally. The domino effect of Covid-19, which not only lowers the economy, also affects the government's achievements in Sustainable Development Goals (SDGs). Therefore, It requires synergy from all fields and real human rights enforcement to ensure the workforce, revive the economy, and achieve the SDGs targets. This normative juridical research uses secondary data through literature study and qualitative analysis. Here, the researcher will understand the importance of human rights enforcement to deal with problems in the labor sector to achieve the government's targets in the SDGs program.
Public Government Affairs as an Alternative Mechanism for Handling the COVID-19 Outbreak in Indonesia Rema Mubarak, Arya; Jasmine Azhima, Chalisa; Pramadiathalla, Muhammad
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.41317

Abstract

Abstracts : This article discusses the policies that has been taken by the central government and some regional government in regards to the COVID-19 outbreak. Analysis is conducted by observing the disharmony between current policies and authority given by respective laws. The study is based on qualitative method by using literature study from Indonesian law and scientific articles. This article concludes that the policies that has been taken is ineffective because of miscoordination and overlapping of authority. Subsequently, there’s vagueness in using concurrent government affair (urusan pemerintahan konkuren) in the field of health or disaster. Such situation worsened after the COVID-19 outbreak declared as health emergency and unnatural disaster which creates dualism in mechanism for handling the outbreak. Therefore, this article describes the use of general government affair or (urusan pemerintahan umum) as an alternative. By making the President the champion of the top, the redistribution of authority and the simplification of coordination between institutions can occur quickly, so that the policies taken are effective in protecting the right to public health. Keyword : Right to Health, Policy, Authority, Public Government Affairs.
Legal Consequences of Presidential Decree Number 12 of 2020 on the Implementation of Private Contracts Cendhani, Cindy; Elvi Kusuma Putri, Dita; Tambunan, Ezra
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.41371

Abstract

Corona Virus Disease 2019 (Covid-19) designated as National Disaster by Presidential Decree Number 12 of 2020 concerning Determination of Non-Natural Disasters for the Spread of Covid-19 (Keppres 12/2020). The determination of National Disaster resulted in public speculation would be used as basis canceling all types of contracts or being able to delay implementation contractual with argument force majeure. Force majeure provisions refer to articles 1244-1245 Burgerlijk Wetboek (BW). The question that arises is whether the determination of national disaster can be used as a reason for force majeure for all types of contracts and the legal consequences. This paper uses a normative legal research method with 3 (three) approaches, namely statute approach, conceptual approach, and case approach. So it can be concluded that the National Disaster in Keppres 12/2020 cannot automatically qualify as force majeure on all types of contracts. Because, in the Covid-19 a implementation private contracts still possible.
Implementation of the Small Claims Court in Dispute Case Settlement in Indonesia Wibowo, Seno Adhi; Wijaya, Massulthan Rafi
Lex Scientia Law Review Vol 5 No 1 (2021): Legal Certainty and Challenges of Legal Protection Guarantee in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i1.42859

Abstract

Dispute settlement through the courts (litigation) is perceived as ineffective and costly. The dispute resolution process through the courts is prolonged and time-consuming due to its very formal and very technical review procedure, high costs of the case, and the likelihood of repeated trials. The number of complaints made against citizens unwilling to deal with the judiciary. The Supreme Court with its authority to address the problems of the courts (litigation), namely by ratifying the 2015 Supreme Court Regulation (Perma) No. 2 concerning the procedures for the settlement of the Small Claims Court, to allow all elements of society to take a new direction of litigation, namely through Small Claims Court a simple, fast and low-cost lawsuit. With this, it hopes that the judicial process in Indonesia will be well underway in the future.
Responsive Laws and Murder Practices: A Review of the Book "Hukum Kesehatan Eutanasia Keadilan dan Hukum Positif di Indonesia." Maryani, Indah
Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v4i2.42955

Abstract

RESPONSIVE LAWS AND MURDER PRACTICES: A REVIEW OF THE BOOK “Hukum Kesehatan Eutanasia Keadilan dan Hukum Positif di Indonesia ”,

Page 16 of 23 | Total Record : 227

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