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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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Human Rights in Indonesia: Between Protection, Fulfillment, and Law Enforcement Khoiril Huda; Ridwan Arifin
Lex Scientia Law Review Vol 2 No 2 (2018): Human Rights Study: Between Protection, Fulfillment, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v2i2.73839

Abstract

The realm of human rights presents a complex interplay between protection, fulfillment, and law enforcement, particularly evident in the case of Indonesia. This abstract delves into the multifaceted landscape of human rights within the Indonesian context. Indonesia's transition to democracy marked a important juncture for human rights. The government ratified numerous international treaties and established a National Human Rights Commission, reflecting its commitment to protection. However, challenges persist as minority rights, notably those of religious and ethnic groups, face intermittent infringement, revealing gaps between rhetoric and reality. Fulfillment of rights poses another intricate facet. Economic and social rights, essential for human dignity, demand equitable distribution of resources. Indonesia's progress is discernible in poverty reduction and improved healthcare and education. Nevertheless, regional disparities and the indigenous population's marginalization warrant attention to ensure holistic rights fulfillment. Effective law enforcement remains central to the human rights discourse. The nation's counterterrorism efforts have sometimes raised concerns regarding due process and freedom of expression. Additionally, the protection of civil liberties necessitates consistent law enforcement reforms, emphasizing accountability, transparency, and the independence of the judiciary.
The Murder of Shireen Abu Akleh: How Does Law Protect the Journalist in a War? Gunawan, Yordan; Ihsan, Fawaz Muhammad; Anderson, Paulo Andres
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.59534

Abstract

Shireen Abu Akleh, an esteemed Al Jazeera journalist, was sadly killed by Israeli army gunfire in May 2022 while reporting on the Israel-Palestine military war. To pursue justice for this horrific act, the Palestinian administration filed a formal complaint with the International Criminal Court (ICC). Despite the presence of strong proof, the Israeli government maintains that the charges are false. This study looks thoroughly into the Abu Akleh murder case, examining it from the standpoint of international law. Using normative legal research methods, the paper thoroughly examines the historical features of the murder as well as the legal procedures specified by international law to assure the administration of justice. Furthermore, the study emphasizes the critical importance of the Palestinian government's ICC complaint as a critical first step in initiating the judicial procedure. Notably, the United Nations has formally declared the Israeli army guilty of Abu Akleh's death, heightening the gravity of the situation. This research states categorically that the Israeli government must be held liable for this heinous act after exhaustively evaluating the most recent facts and prestigious international legal frameworks. It is fervently hoped that by unraveling the multifaceted dimensions inherent in this case, justice will ultimately prevail, steadfastly reaffirming the indispensable principles that safeguard press freedom and protect journalists worldwide, including within Indonesia as an integral member of the international community.
Intentionally Changing Everything: Deliberate Constructing in Corruption Case Kamsi, Kamsi; Julianto, Very; Billah, Mu'tashim; Karimullah, Suud Sarim
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.59866

Abstract

Handling corruption cases is not always consistent in emphasizing the element of intention/intentionally. Theoretically, the concept of deliberation has been put forward by some experts. However, in the realm of implementation the theoretical studies of those experts become contradictory. This is because there is no certainty of indicators of intent. Deliberation in this research is viewed from criminal law and psychology. The method used in this research is Forum Group Discussion (FGD). Then also is performed professional judgment by legal practitioners and academics. The results show that law enforcers have a common perception in viewing the deliberate in cases of corruption. Law enforcers in understanding the Articles use the theory of science and the theory of Possibility in Certainty. It is deliberate behavior when viewed from psychology produces a construct that can be measured using the science theory.
Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime Adam, Bani; Ahamat, Haniff; Yahanan, Annalisa
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.63830

Abstract

Increasing global economic activity has resulted in raising demand on nickel and bauxite ores for manufacturing industries. Foremost demand on the raw materials is consistently increasing for production of friendly environment products, such as battery of electric vehicles (EV). The production of EV battery potentially increases particularly as global transformation to reduce GHG Emissions which cover developed and developing countries. This current situation leads export restrictions on nickel and bauxite to developed countries which purpose for domestic stockpile in developing countries, such as Indonesia. Meanwhile, the measures is supposed to violate Article XI.2(a) GATT 1994 which it is applied without temporary period and there is no essentialness circumstance to implement the restrictions. This emphasized on review opportunities for Indonesia to take into force alternative measures which is consistent with the GATT 1994 provisions. The research is conducted based on legal review with refer to GATT 1994 provisions and Indonesia legal provisions. Based on the review, the researchers find that implementation of Domestic Market Obligations are an exact alternative measure to safeguard domestic stockpile without extremely suffer disruption for global demand. The alternative measures grant balancing allocation between global and domestic demand which could be adjusted regularly according to the further situation faced by the country.
Legal Protection for Children as Victims of Economic Exploitation: Problems and Challenges in Three Major ASEAN Countries (Indonesia, Vietnam and Philippines) Utari, Indah Sri; Ramada, Diandra Preludio; Arifin, Ridwan; Smith, Robert Brian
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.68301

Abstract

This research critically examines the legal safeguards for children facing economic exploitation in three prominent ASEAN countries: Indonesia, Vietnam, and the Philippines. Despite the presence of protective legislation in these nations, the effective implementation of these laws encounters significant obstacles. In Indonesia, diverse regulations intended to shield children from economic exploitation coexist with the persistent issue of child labor. The continued prevalence of child labor is attributed to inadequate enforcement of labor laws and a general lack of community awareness regarding children's rights. Vietnam, while boasting a relatively comprehensive legal framework against child labor, faces challenges in certain rural areas where instances persist due to entrenched issues like poverty, cultural traditions, and limited access to education. Moreover, in the Philippines, the government has implemented measures such as the Child Labor Law and the Anti-Child Trafficking Act to protect children from economic exploitation. However, the effectiveness of these initiatives is impeded by resource constraints, corruption, and limited community awareness. In conclusion, this study reveals that legal protection for children in Indonesia, Vietnam, and the Philippines is hindered by a range of challenges, including deficient enforcement mechanisms, enduring cultural traditions, widespread poverty, systemic corruption, and limited community awareness. Addressing these complex issues requires collaborative efforts from governments, civil society, and communities to ensure the robust protection of children's rights.
Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada Nyekwere, Empire Hechime; Nnawulezi, Uche; Adiyatma, Septhian Eka; Balarabe, Kasim; Rouf, Muhammad Abdul
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.69394

Abstract

The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).
Robot Lawyer in Indonesian Criminal Justice System: Problems and Challenges for Future Law Enforcement Fernando, Zico Junius; Kristanto, Kiki; Anditya, Ariesta Wibisono; Hartati, Sawitri Yuli; Baskara, Agri
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.69423

Abstract

The rapid advancement of artificial intelligence (AI) introduces unprecedented opportunities and complexities, particularly in its intersection with the legal domain. This study envisions a future where autonomous decision-making robot lawyers play a pivotal role in legal proceedings, providing counsel and representation. Examining the implications of AI’s scientific progress on Indonesian law, normative legal research methods were employed, encompassing statutory, conceptual, comparative, and futuristic analyses. Qualitative scrutiny and content analysis were applied to collected materials. The study reveals the potential of robot lawyers to enhance efficiency in Indonesia’s criminal justice system, aiding in evidence gathering, case analysis, and indictment drafting. This technological integration promises to alleviate the workload of legal professionals and expedite case resolutions, thereby improving public access to legal services. However, challenges loom, including ethical concerns, data security, and professional qualifications. To address these challenges, the study advocates for collaborative efforts among the government, industry, and academia. This cooperation is crucial for formulating regulations and establishing supportive infrastructure for the seamless integration of robot lawyers. Additionally, enhancing digital literacy and public understanding of AI in the legal sphere is emphasized as a vital step toward maximizing the benefits of this technology. In essence, the study underscores the transformative potential of AI in reshaping legal processes, emphasizing the need for a concerted, informed effort to navigate the challenges and optimize the benefits of this evolving technological landscape.
Comparative Analysis of Malaysian and Indonesian Retirement Plan Shah, Nurin Athirah Mohd Alam; Nasrul, Muhammad Amrullah; Rahman, Siti Fatimah Binti Abd.; Seviyana, Devi
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.69847

Abstract

In Malaysia, the Employee Provident Fund (EPF) was established Under the Employees Provident Fund Act 1991 as a social security organisation that offers members trustworthy and efficient savings management and it is open to both personnel. In contrast, the Private Pension Administrator (PPA) developed the Private Retirement Scheme (PRS), a retirement programme, to address retirees' insufficient resources for meeting their retirement expenses in light of rising living standards and longer life expectancies. Having to see the similar aspects between EPF and PRS in terms of creating savings and their importance towards securing a certain degree of comfort for retirees, the purpose of this study is to provide a thorough explanation of how these two retirement plans can benefit all Malaysian private employees. Similar to Malaysia, all private sector workers in Indonesia are also required to participate in retirement plan. Thus, the purpose of this study is to evaluate the similarities and differences between Malaysia's and Indonesia's retirement plan. This research employs a qualitative approach, by conducting library-based research on the relevant materials including, but not limited to statutory provisions, case laws, law textbooks, journal articles, newspapers, conference proceedings, and seminar papers. At the end of the discussion, the findings show that both countries have their own retirement plans and have the same goal which is to provide facilities to all private-sector workers.
Investor-State Dispute Settlement Mechanism in Vietnam’s New Generation Free Trade Agreements: Challenges and Recommendations Thang, Nguyen Chi
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.70577

Abstract

In the recent years, Vietnam's attraction to foreign investment capital has increased rapidly. As a result, the disputes in the field of foreign investment have emerged more frequently. The fact that a dispute occurs between the government of the host country and a foreign investors, regardless of its cause, will bring adverse consequences to both parties. Amicable settlement of such disputes is an important factor to improve the efficiency of foreign investment, maintaining the trust between the host country and foreign investors. Therefore, stipulating commitments on the dispute settlement mechanism for international investment in multilateral free trade agreements such as Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Vietnam - EU Investment Protection Agreement (EVIPA), and Regional Comprehensive Economic Partnership (RCEP) are indispensable. Therefore, in this context, the paper studies the investor-state dispute settlement (ISDS) mechanism in new-generation free trade agreements to which Vietnam is a member, namely EVIPA, CPTPP, RCEP; accordingly, the paper proposes some recommendations to Vietnam.
Legal Protection of The Right to Health for People with Long-term Health Impact due to Disaster in Indonesia Purba, Iman Pasu Marganda Hadiarto; Silitonga, Hanna Tabita Hasianna; Tauran, Tauran; Widianti, Alifia
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.71678

Abstract

Many disaster events occur in Indonesia which have an impact, especially on the health of the Indonesian people. Health impacts can occur directly and indirectly and some experience long-term impacts that affect their lives. The state cannot be absent in regulating various problems arising from disasters in Indonesia. Therefore, the legal regulation of the right to health for long-term health impact sufferers due to disaster Indonesia must be examined. The study used normative legal research, a study approach to legislation, and library research. State policy ensures that the right to health is realized through legal products (primary legal materials) reviewed and then described and analyzed in answering how to fulfill the right to health in Indonesia due to disaster. As a result, the Indonesian Government has already ensured the fulfillment of the right to health of every citizen. However, Government should issue advanced services regulations as soon as possible to regulate the handling of long-term health impact sufferers due to disaster in Indonesia.

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