cover
Contact Name
Ridwan Arifin
Contact Email
ridwan.arifin@mail.unnes.ac.id
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lesrev@mail.unnes.ac.id
Editorial Address
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Location
Kota semarang,
Jawa tengah
INDONESIA
Lex Scientia Law Review
ISSN : 25989677     EISSN : 25989685     DOI : -
Core Subject : Social,
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
Indonesian Personal Data Protection Concept: A Book Review Kebebasan Informasi Versus Hak atas Privasi: Tanggung Jawab Negara dalam Perlindungan Data Pribadi Slamet, Rizqi Mulyani
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.v5i1.46904

Abstract

Government Policy on Child Crime Through the Concept of Diversion as a Solution Amid the Spread of Covid-19 Karsudin, Karsudin; Cahyaningtyas, Irma
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.49914

Abstract

This study aims to analyze the concept of diversion as an instrument to realize restorative justice, applied in the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19. The research method used in this research is normative juridical using secondary legal data. Based on the results of the research, it is known that the handling of juvenile criminal cases through the concept of diversion based on restorative justice is carried out to guarantee and respect the dignity of the child, carried out in the best interests of the child and by considering justice for the victim. The government, which is represented by The Minister of Law and Human Rights, has made a very responsive policy through the Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M. HH-19. PK.01.04.04 of 2020 Regarding Release and Acquittal of Prisoners and Children Through Assimilation and Integration to Prevent and Control the Spread of Covid-19.
The Urgency of Regulations Revision Related to Filing Bankruptcy and Postponing Debt Payment Obligations Amid the COVID-19 Pandemic Nuriskia, Centia Sabrina; Novaliansyah, Ahmad Yoga
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50383

Abstract

The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing for bankrBankruptcyecially the requirements in filing for bank bankruptcy do not specify the amount of debt that can be filed for bankrBankruptcyre is a need for consideration in making and stipulating bankruptcy arrangements, both in the Draft Civil Procedure Code and the Bankruptcy Law and Suspension of Debt Payment Obligations, especially on issues: the amount of debtor debt, simple evidence, creditors holding guarantees in bankrBankruptcyminal confiscation in bankrBankruptcyker wage rating, bankruptcy estate settlement, and position of the arbitration award in bankruptcy cases.
Fulfillment of Defendant's Rights in PERMA Number 4 of 2020 reviewed from the Principle of Due Process of Law Juniarti, Dewi Bella
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50385

Abstract

The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.
Legal Protection of Female Journalists over Gender Inequality during the Covid-19 Pandemic Khairunnisa, Vena Lidya; Nurrobby, Mochammad Ilham
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50438

Abstract

The purpose of this study was to find out the legal problems experienced by female journalists over gender inequality during the Covid-19 pandemic and to find out the legal protections to overcome these problems. The type of research used is a normative legal research type with an invitation approach and a historical approach. The findings in this paper are, during the Covid-19 pandemic, gender inequality towards female journalists has increased. It is still very rare for people to raise issues related to gender inequality experienced by female journalists. Examples of problems with a gender perspective in the media are the lack of involvement for women in journalism activities, marginalization and subordination positions for women in various fields, legitimacy regarding gender bias, dominating economic and political interests, regulations on media that are not sensitive to gender and between conventional journalism and gender. equality. The government in Indonesia officially adheres to the principle of equality as regulated in Article 27 of the 1945 Constitution of the Republic of Indonesia which states that all Indonesian citizens are equal before the law. Therefore, journalists must be able to enjoy gender and legal protection for the gender inequality they experience. It is necessary to reconstruct the law, considering that women have the same position as men in terms of their position, rights and obligations so that they have equal opportunities in various fields.
National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic Al Fikry, Ahmad Habib; Afandi, Muhammad Riyan; Latifiani, Dian
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50483

Abstract

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.
Temporary Measures on Bankruptcy: Alternatives to the Moratorium on Act 37/2004 in Resolving Indonesian Bankruptcy During the COVID-19 Pandemic Ayu Permatasari, Cintya Sekar; Mellynda, Octa Nadia
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50600

Abstract

The high number of bankruptcies in Indonesia, which increased to 54% in the pandemic era, had negative impacts on the economic ecosystem in Indonesia. A regulation is needed that can reduce the number of bankruptcies, in which the moratorium of Act 37/2004 is a discourse that will be predicted as the main solution. The moratorium of Act 37/2004 with its weaknesses has been rejected by many parties, so this research will offer a more appropriate alternative solution in the form of setting temporary measures on bankruptcy. This study seeks to describe the urgency and prospects of the presence of temporary measures on bankruptcy in Indonesia and recommend the regulation and implementation of temporary measures on bankruptcy in Indonesia. This legal research is normative legal research with data obtained from library research analyzed descriptive-qualitatively. The results of the study indicate that the moratorium of Act 37/2004 does not provide fair benefits for debtors and creditors in resolving bankruptcy problems so that it will actually hinder investment in Indonesia. Temporary measures on bankruptcy is an alternative that fills the absence of law in Indonesia regarding provision to bankruptcy relaxation. These measures provide fair benefits for both parties while still being able to file for bankruptcy but with a certain threshold and stimulus. Seeing the success of temporary measures on bankruptcy in various countries in reducing the number of bankruptcies, Indonesia needs to immediately implement the same thing in the Peraturan Pemerintah Pengganti Undang-Undang (PERPU).
Analysis Principles of Personal Data Protection on COVID-19 Digital Contact Tracing Application: PeduliLindungi Case Study Pratama, Anugrah Muhtarom; Pati, Umi Khaerah
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50601

Abstract

This article aims to review the application of the principle of personal data protection as part of privacy rights in the PeduliLindungi application considering that on the one hand, the PeduliLindungi application helps the government to reduce the spread of the COVID-19 virus. But on the other hand, there is a threat of misuse of personal data in the future. This background article is based on the use of the PeduliLindungi application, which was initially used to track the spread of the virus during the COVID-19 pandemic. But it seems that the public will increasingly use its use in the future, especially now that it has begun to be planned as an e-wallet and started integrating with several other applications. This article reveals that there has been a dual role by the Ministry of Communication and Informatics as a supervisor and controller of personal data in Indonesia so that it has implications for the PeduliLindungi application that has not fully applied the principles of personal data protection when collecting, processing, and storing personal data. For the future, a comprehensive legal development drive is needed related to the protection of personal data. There is a personal data protection agency and Data Protection Officer (DPO) to more strongly enforce the principles of personal data protection.
Indonesia in a Pandemic: A Book Review "Bunga Rampai Covid-19: Tinjauan Dari Aspek Kesehatan, Ekonomi Dan Hukum" Slamet, Rizqi Mulyani
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.51710

Abstract

Constitutional Debate on European Union’s Shifting Pathway towards Supranationalism
Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i1.54284

Abstract

The rapid evolution of the European Union (EU) has suggested a new debate on regionalism due to the institutional transformation from intergovernmentalism to supranationalism. Hitherto, the EU has undergone a shifting pathway as a supranational institution that raises a further debate on supranational constitutionalism. This paper aimed to critically examine the EU's legal capacity for external relations at the World Trade Organization (WTO) following in identifying the impact of the EU member states to become members of this world institution as well. However, new approaches were considered within the shifting paradigm, which includes supranational union as an emerging pivotal global actor in international relations. This paper showed that the emergence of EU supranationalism has challenged the traditional debate on state sovereignty rooted in the Westphalian concept, particularly against the state primacy in international law. While the EU regionalism contributed to legal conversation both in the regional and international arena, the juxtaposition of the state and the supranational 'state' has increasingly blurred their limits, becoming sui generis in regionalism and state discourses among the areas of international law and constitutional law.

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