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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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Judicial Review in Indonesia: A Simplification Model
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.54848

Abstract

Judicial review ensures that no regulations are contrary to higher laws, and none is unfair to people. The review of Indonesia's laws and regulations is conducted based on a hierarchy of laws and regulations. However, many laws and regulations are not within the hierarchy that raises uncertainty about the institutions that are authorized to review them. This research aims to offer an alternative review authority against all types of laws and regulations applicable in Indonesia. This research employed normative legal research with statutory, conceptual, case, and historical approaches. This study stated that the alternative design of regulatory, judicial review is the unification of all judicial reviews' authority into one judicial institution. Second, separation into judicial institutions is different from the model of separation based on the order of hierarchy of legislation, based on the scope of usable power (local and national), based on legislation and non-legislation, based on the forming and separation institutions with cross-subsidy models.
Rethinking Indebtedness according to the Principles of Justice and Equality
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.55011

Abstract

The law's objective is to uphold the principle of justice. Contractual debts, interest-bearing debts, unsecured debts, and debts with payment terms are all included in restructuring plans. All debts must be accompanied by a contract. If the business defaults, the contract serves as proof of debt. This research focuses on Indonesia's bankruptcy law. This study employs an empirical qualitative legal method. The study recommends categorizing debt according to its source, duration, function, and collateral. Debts classified as restructuring must waive their collateral rights. This debt grouping is consistent with finance's capital structure theory. This research will revolutionize the current concept of debt restructuring. The study will serve as a resource for all business actors who have documented debt. Debt is uncommon in developing countries such as Indonesia. Entrepreneurs in developing countries have established business relationships based on mutual trust. The study's limitation is that it does not take industry type into account. Additionally, this research has implications for a firm's total cost of capital as a result of changes in the risk model and creditor roles, particularly in developing countries. This study proposes a system of debt classification based on principles of justice and equity. This classification is made not only on the basis of the guarantee's type, but also on the basis of the agreement's duration and financial principles. The purpose of this study is to examine bankruptcy law in developing countries. Knowledge of bankruptcy law will add value to investors and banks on a global scale.
Enforcement actions and their suspension: the concept and legal regulation in Ukraine, Georgia, Kazakhstan, Armenia
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.55974

Abstract

The purpose of this research paper is to study the concept and legal regulation of enforcement actions and their suspension in Ukraine, Georgia, Kazakhstan, Armenia. The methodology of this article is based on the application of various methods of scientific knowledge, including analytical method, deductive method, synthesis method, hermeneutic method, comparative method, modeling method. The results of scientific research presented in this article contain the author's definitions of "enforcement actions", "suspension of enforcement actions", generalization of legal regulation of enforcement actions and their suspension under the laws of Ukraine, Georgia, Kazakhstan, Armenia. The practical significance of the results presented in the article lies in the possibility of taking them into account both by legal theorists, in particular those working on the subject of enforcement proceedings, and legal practitioners, in particular those involved in the enforcement of various jurisdictional decisions.
Scrutinizing Perseroan Perorangan: The Brainchild of Societas Unius Personae in the Realm of Indonesian Company Laws
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.56059

Abstract

The Indonesian government has long been committed to developing the business conditions, particularly for micro, small, and medium-sized enterprises (MSMEs). The debut of a single-person limited company (perseroan perorangan) is one of the numerous ambitions of this crucial aspiration. Debates circling this novel kind of company in Indonesia remain a heated debate between practitioners, jurists, scholars, and the government. This article endeavors to elucidate these debates by concentrating on the legal theories encompassing company laws, the practice of single-member limited liability companies overseas and domestically and scrutinizing the single-person limited companies amid the contemporary Indonesian legal dan regulatory regime. This research utilizes doctrinal legal study and secondary data. Dogmatic literature reviews are carried out on scholarly works concerning the subject matter, and the analysis is carried out using the qualitative method. This inquiry reveals that the current single-person limited companies in Indonesia are supported adequately by several legal theories. This sort of company has been exercised in numerous nations, mainly in Europe. There is also room for legislative and executive development and juridical enhancement to ultimately maximize the company's potential.
The Procedural Rules Followed Before the Lease Dispute Settlement Committees and Their Compatibility with the Basic Guarantees and Principles of Litigation in Accordance with Qatari Law
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.56310

Abstract

Due to the increase in dealing with lease contracts in the State of Qatar, attention to these contracts and the resulting disputes has been one of the most important priorities of the Qatari lawmaker, especially with regard to the speedy resolution of these disputes, which has a significant impact on achieving justice and stability of transactions within the community. In order to prevent prolonging the litigation period in lease disputes, Law No. (4) of (2008) regarding renting real estate came and established a new phase of litigation procedures in relation to lease disputes through Article (21) thereof, which provided for the establishment of a specialized committee to look into lease disputes called Lease Dispute Settlement Committee. This committee is headed by a judge with the rank of chief from the Court of First Instance chosen by the Supreme Judicial Council. In implementation of this, Cabinet Resolution No (37) of 2008 was issued regarding the rules and procedures to be followed before the lease dispute settlement committees. This study came to clarify these rules and procedures and their role in resolving lease disputes and their reflection on the speed of litigation and their compatibility with the guarantees and basic principles of litigation in accordance with Qatari law.
Separation of Powers in the Palestinian Law: Does it Reflect the Democratic System? (A Comparative Approach with Indonesia)
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.58038

Abstract

The principle of separation of powers among the three organs of government i.e., the Legislative, Executive, and Judiciary are one of the main pillars of the democratic system. This principle guarantees a balance of powers between these three organs. However, in Palestine, the issue arises as a result of a lack of commitment from these organs to practically apply this principle in accordance with the Palestinian Basic Law of 2003. Nevertheless, in Indonesian Constitution of 1945 has stated that is a democratic country with the foundation of a separation of powers. In addition, the practice in Indonesia shows that there is various constitutional mechanism to split the power. The objectives of this article are to examine the practice of separation of powers in Palestine and Indonesia and to harmonize the theoretical and practical aspects. In order to achieve these objectives, doctrinal legal research using the qualitative approach was engaged. Findings show that the principle of separation of powers was not fully practiced in Palestine between the three organs, especially the Executive and there is an absence of constitutional oversight. This article recommends that the role of the Palestinian Supreme Constitutional Court be activated to monitor all three governmental organs to ensure that this principle is fully implemented.
Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.58131

Abstract

The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the practice of execution of sanctions being obstructed by many factors. In relation to that, this study explains the urgency of revision for legal structure of criminal sanctions execution and legal structure reformation for criminal enforcement in Indonesia. It employs a qualitative approach using the doctrinal research within the post-positivism paradigm. This study found that it is considered urgent or essential to reform the criminal legal structure of the national law based on philosophical, sociological, and juridical aspects abiding to Pancasila. The criminal law system covers the criminal law enforcement system which includes material criminal law sub-system, formal criminal law sub-system, and execution of criminal sanctions sub-system. Essentially, the execution of criminal sanctions sub-system acts as a sub-system of punishment. The structural reform of the systemic law in execution of criminal sanctions sub-system should be under the auspices of judicial authority, which is the Supreme Court. Therefore, this study concludes that the system should become linear, independent, synergized, and integrated with the investigative agents, prosecutors, and courts in a single criminal law system. In this way, there will be supervision and coordination in the context of the integrality of punishment, which falls under one protection of an integrated criminal law enforcement system.
Reformulation of the Criminal Justice System for Children in Conflict Based on Pancasila Justice
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.58320

Abstract

The writing of this paper aims to examine the policy of the criminal justice system for children in conflict with the law and reformulation of the criminal justice system for children in conflict with the Pancasila justice. The main problem in writing this paper is that why it is considered important to reform the criminal justice system for children in conflict with the law based on Pancasila justice? This study uses secondary data by analyzing the laws of the juvenile justice system in Indonesia and comparing them to the laws and regulations regarding the juvenile justice system in Greece and Yoslavia. The results of the study found that the age requirement for criminal responsibility for children is too low, namely 12 (twelve) years and the terms of diversion, that the threat of criminal acts that can be carried out by diversion and not repetition of criminal acts is not in line with the aim of diversion, namely to prosper and achieve the best interests of children such as recommended by the Convention on the Right of the Child and The Beijing Rules. Therefore, it is important to reformulate/reformulate immediately regarding these diversion requirements. The conclusion of this paper emphasizes the importance of reformulating the criminal justice system for children in conflict with the law (the criminal child) based on Pancasila justice.
Legal Protection for Criminal Justice: A Book Review ‘Restorative Justice di Indonesia’, Ahmad Syharil Yunus SH and Dr Irsyad Dahri SH MH, Guepedia, Bogor Indonesia, 2021, 142 pages, ISBN 978-623-5525-98-3
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.61096

Abstract

The book entitled “Restorative Justice di Indonesia” was written by Ahmad Syahril Yunus, S.H. and Dr. Irsyad Dahri, S.H., M.H. Restorative Justice is the restoration, compensation, and repayment of a part of the relationship between the victims and perpetrators, as well as the society regarding the prosperity or conciliation in criminal justice system. Specifically, this book focuses on the steps involved in implementing Restorative Justice and social justice responses for criminal victims in Indonesia. This book also presents empirical data that shows how Restorative Justice has been used in legal practice by several countries, how victims and perpetrators respond to a new perspective on the legal system through the resolution of Restorative Justice, and how far this can be used effectively to create a standard of punishment and compensation based on fair and balanced treatment of victims and perpetrators.
Justice and Equality: The Endless Question
Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v6i2.63799

Abstract

The discourse on justice and equality is not only a concern for Indonesia but also for the global context. Justice and equality are understood in various contexts, both in relation to where justice and equality are applied, when and to whom. But basically, justice and equality have the same goal, which is to ensure that everyone feels safe and gets the same treatment without discriminating against anything.

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