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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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The Rising Tide of Financial Crime: A Ponzi Scheme Case Analysis Rizaldy Anggriawan; Muh Endriyo Susila; Ming Hsi Sung; Dwilani Irrynta
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.60004

Abstract

Ponzi scheme is one of the most common types of fraud perpetrated by con artists. The reason for this is that the mode is relatively easy to conceal. In this regard, criminal law plays a significant role in countering fraudulent practices. It serves as an initial warning to individuals who intend to engage in such behavior that they may face harsh penalties if they do so. The study aims to compare and analyze the Ponzi and pyramid schemes in the framework of criminal law enforcement. It also thoroughly investigates the criminal rules and their application to specific cases associated with Ponzi and pyramid schemes in Indonesia. This normative or doctrinal legal research employs statutory, conceptual, and case approach. The study reveals that there is some confusion in the community as well as the legal enforcement officers on the practice of Ponzi and pyramid schemes. As a result of this discrepancy, law enforcement officers may be incorrect in ensnaring an allegation against the offenders, or they may even consider that offenders are innocent. It is also exacerbated by the lack of a single rule that particularly governs the issue of Ponzi schemes, which may result in a legal vacuum. This circumstance might therefore be used by irresponsible persons to create such business companies that use Ponzi schemes and conceal their actions with crypto investment or robot trading software, as recently occurred in Indonesia.
Fundraising Aspect of International Terrorism Organization in ASEAN: Legal and Political Aspects Jamin Ginting; Patrick Talbot
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.60074

Abstract

Since the Bali Bombing I and Bali Bombing II Tragedy, the seriousness of combating international terrorism have become increasingly apparent. Each member of ASEAN hand in hand together enforces both international cooperation and bilateral cooperation to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations. International community efforts to combat terrorism activities, not only comprise the criminalization of terrorists the act criminalization financing of terrorism, and the criminalization of terrorist financing. Since that moment, the topic of money laundering is an inherent element of organized crime, with its strong linkage to terrorism, has found and always will find new methods to satisfy the also new necessities for financing terrorism. ASEAN already make a policy about terrorism which is the convention on counter-terrorist called ASEAN Convention on Counter-Terrorism (ACCT). The convention of ACCT, in article 6 Areas of Cooperation, ASEAN emphasizes the prevention of giving the fund to the terrorist group. Indonesia had given responses to financing terrorism by ratifying The International Convention for the Suppression of the Financing of Terrorism, 1999, and subsequently with the enacted Law Number 6 Year 2006 and also enacted the new Prevention and Eradication Money Laundering Offence, Law Number 8 of 2010.
Neutrality Law in the Age of Digitalization: An Analysis of the Russia-Ukraine Conflict Mellisa Towadi; Zamroni Abdussamad; Anis Bajrektarevic; Lisnawaty W Badu; Waode Mustika
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.61763

Abstract

This article aims to describe the application of the concept of neutrality law in the current era with the contamination of digitalization. The main problem refers to the intervention of third countries or neutral states in the Russian conflict v. Ukraine, then questioned the existence of neutrality law in the era of digitalization. The method used is a normative juridical method with a statute approach analyzed qualitatively and descriptively. The results show that validity is needed in determining the attitude of third countries or neutral states that intervene with belligerents (Russia/Ukraine). The determination of the validity is based on the scale of the intervention provided by the third country. Validity refers to the 1907 Hague Convention and the UN Charter, which generally outlines violations of territorial sovereignty and international law. So, in conclusion, the concept of open access, broad and immeasurable digitalization, cannot be avoided in the conflict between Russia and Ukraine. This does not necessarily become a justification because the essence of the principle of neutrality and intervention is very different; the two cannot be combined unless a violation of international law indicates one. So basically, neutrality law can no longer be the primary regulation to control the attitude of a neutral state but requires new norms that shape the attitude of a neutral state so that it can be used as international customary law.
The Paradox of the International Law Development: A Lesson from Covid-19 Pandemic Management Ria Wierma Putri; Yunita Maya Putri; Febryani Sabatira; Orima Melati Davey; Himal C Arya
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.61999

Abstract

The COVID-19 pandemic has had a global impact since 2019. As countries gradually recover, there are lessons to be learned for the development of international law. The World Health Organization (WHO) plays a crucial role in maintaining global health order. Governments have implemented measures like quarantine, travel restrictions, and vaccination programs, but challenges remain due to varying capacities and ideological differences. Some states prioritize national interests over global mandates from the WHO. This turns the pandemic issue into an evolution of the global legal order. This article offers a unique examination of the WHO's role in managing the COVID-19 pandemic. It aims to provide lessons and analytical approaches for reforming and strengthening health institutions while fostering global unity in the face of unprecedented challenges. The research also presents how the pandemic has impacted the development of the international law by addressing current perspectives, challenges, and potential strategies
Policy on the Right to Education of Refugees in Indonesia and Australia Ni Luh Gede Astariyani; I Nyoman Prabu Buana Rumiartha; Ni Ketut Ardani; Thomas John Kenevan
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.62964

Abstract

Upholding human rights in the context of education is manifested in the form of the right to education. Realizing this right requires equal distribution of education which means the widest possible educational opportunity for everyone, including fulfilling children's rights to education for refugees or asylum seekers. Based on data from the United Nations High Commissioner for Refugees (UNHCR) in 2021, there are 13,459 refugees in Indonesia, of whom it is estimated that around 27% are child refugees and 114 children of whom come alone or are separated from their families. This research article will discuss the role of the Indonesian state in providing educational rights to children of refugees from other countries or children of asylum seekers as well as international arrangements related to the education rights of children of asylum seekers in transit countries. This study uses normative juridical research methods, through international regulatory approaches and conceptual approaches, in this case studying and analyzing material and legal issues based on international regulations and concepts related to the study of human rights from the perspective of the educational rights of asylum seeker for refugee especially child refugee.
Reconstruction of Chemical Castration Sanctions Implementation Based on the Medical Ethics Code (Comparison with Russia and South Korea) Rian Saputra; M Zaid; Pujiyono Suwadi; Jaco Barkhuizen; Tiara Tiolince
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.64143

Abstract

This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of "informed consent" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is against the principle of beneficence. The rules regarding the implementation of chemical castration for perpetrators of sexual crimes against children can actually be followed by referring to the provisions for the implementation of chemical castration in Russia and South Korea, both countries whose medical profession will only serve as an advisory opinion for law enforcers who have been given special competency training.
Comparative Analysis of Indonesia’s Minimum Capital Requirements for Foreign Direct Investment Luh Putu Yeyen Karista Putri; Miriam Imarhiagbe; I Made Chandra Mandira; Eric Gordon Withnall; Putu Yasodhara Sthita Brahmani Duarsa
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.64664

Abstract

This research seeks to examine the compatibility of the Indonesian minimum capital requirement for foreign direct investment companies (FDI) with the national treatment obligation under international investment agreements (IIAs). The requirement is compared with investment requirements under Australian and Austrian Law. This research combines the normative legal research method with law and economics by conducting cost and benefit analysis (CBA). The national treatment protects foreign investors from less favorable treatment against domestic investors. The minimum capital requirement is contrary to national treatment because it is only applicable to FDI companies. However, not every IIA involving Indonesia provide a national treatment clause. To determine violation, the two-tier test must be conducted by analyzing the scope of the obligation and applicable exception. Some IIAs provide exceptions where a state can give different treatment to foreign investors for the sake of public interest. Indonesia justifies this requirement because it gives several benefits namely preventing foreign investors from controlling vital sectors, protecting MSMEs from unfair competition, and ensuring liquidity. Nevertheless, the benefits cannot be achieved due to weak supervision. The requirement can be easily circumvented through nominee agreements. Based on CBA, the requirement creates more harm than good. It is promiscuously applied to all business fields and is more burdensome compared to investment requirements in Australia and Austria. The solution proposed is either improving supervision or adjusting the requirement to be more consistent with the national treatment. The government can also protect national interests by empowering MSMEs and using more relevant criteria.
Indonesia-Timor Leste Maritime Boundaries on Exclusive Economic Zone: Equitable Principle Dina Sunyowati; Pradnya Paramitha Putri Ariadhi; Mochamad Kevin Romadhona; Alaa Basil Baqer Alfadhel
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.66126

Abstract

The boundaries of the sea area between one country's territory affect the sovereignty in the sea territory of another country. Indonesian Sea borders several countries, both in the EEZ and on the continental shelf. However, Indonesia has not yet finalized the determination of its maritime border with Timor Leste. The undetermined maritime boundary between Indonesia and Timor Leste affects the sovereignty of Timor Leste and affects Indonesia's space for movement. The purpose of this study is to find out the provisions and principles of determining maritime boundaries between the countries of Indonesia and Timor Leste. The method in this research is normative research with a statutory approach, a case approach, and a conceptual approach. The results of this study indicate that the Government of the Republic of Indonesia in determining territorial boundaries negotiates to determine how to draw maritime boundaries between the two countries by applying equitable principles. The process of negotiating maritime boundaries between Indonesia and Timor Leste with equitable principles can be a solution thus maritime boundaries between the two countries are immediately agreed upon
Illegal Online Loans in Indonesia: Between the Law Enforcement and Protection of Victim Angkasa Angkasa; Filep Wamafma; Ogiandhafiz Juanda; Bhanu Prakash Nunna
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.67558

Abstract

The phenomenon of online loans in Indonesia is becoming increasingly prevalent, accompanied by the proliferation of online loan provider services. However, this growth has also led to numerous instances of fraudulent practices within the online lending sector. This study aims to analyze the effectiveness of law enforcement and victim protection in cases of illegal online lending in Indonesia by comparing relevant laws and regulations. The findings of this study reveal that illegal online loans have severe consequences, resulting in victims suffering from material loss, psychological distress, physical harm, and social ramifications. Unfortunately, the current state of law enforcement falls short of delivering justice to the victims, as evidenced by the leniency of sentences imposed on offenders.
Contractual Obligations in Financing with Fiduciary Security in Indonesia in the Context of Justice T. Muhammad Ali Bahar; Tan Kamello; Suhaidi Suhadi; Saidin Saidin; Rio Hilmawan Bagas Trihasworo
Lex Scientia Law Review Vol 7 No 1 (2023): Law, Justice, and Development: Theories and Practices in Indonesia and Global Con
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i1.69318

Abstract

Financing with fiduciary security in Indonesia raises justice-related concerns. This study focuses on analyzing contractual obligations in this type of financing within the context of justice. It reveals several key issues. Firstly, an imbalance of power exists between creditors and debtors, with creditors holding a stronger position in executing fiduciary security. Secondly, consumer protection and debtor rights remain inadequate, leading to injustice for financially vulnerable debtors who struggle to fulfill their payment obligations. Thirdly, dispute resolution tends to favor creditors, resulting in lengthy legal proceedings and high costs that hinder debtors from achieving justice. Additionally, the lack of public understanding and awareness about their rights in financing with fiduciary security further exacerbates the problem. These factors collectively contribute to injustice in financing with fiduciary security and call for improvements in the system to ensure fair treatment for all parties involved.

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