Lex Scientia Law Review
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.
Articles
227 Documents
<![CDATA[Follow The Money Approach in The Management of Fishing Criminals by Fisheries PPNS ]]>
<![CDATA[Zakariya, Rizki]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38161
<![CDATA[The many cases of Illegal Fishing, threaten the wealth of fisheries and sovereignty of Indonesia. This study aims to explain the urgency of the Follow the Money approach in handling fisheries crime cases by PPNS Fisheries. Then provide concrete recommendations for the Follow the Money implementation in handling fisheries crime cases. This paper is a normative juridical study, which is processed qualitatively. The results of this study indicate the urgency of the Follow the Money approach in handling fisheries crime cases by PPNS Fisheries due to Indonesia's large fishery wealth; the magnitude of the threat of illegal fishing in Indonesia; lack of fisheries crime cases handled by PPNS Fisheries; and the development of the modus operandi of fisheries criminals.]]>
<![CDATA[Strengthening Multistakeholder Integrated through Shared Responsibility in the face of Cyber Attacks Threat ]]>
<![CDATA[Mahira, Dararida Fandra]]>;
<![CDATA[Rohmahwatin, Dwi Suci]]>;
<![CDATA[Suciningtyas, Nabila Dian]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38191
<![CDATA[The digital age has made the loss of boundaries for interaction and communication which then creates a new world of cyberspace. The cyberspace entity on the one hand provides advantages and on the other hand, also causes losses if there is no protection in cyberspace. The protection of cyberspace in Indonesia is still far from good and tends to be bad. Even President Susilo Bambang Yudhoyono has been a victim of the weak protection of cyberspace. These weaknesses are the implications of the existence of norms that are legal norms which are the basis of the implementation of cyberspace protection in Indonesia. In this paper, we will discuss the problems of cyberspace in Indonesia and how legal norms should be present as a means of social control and engineering.Especially cyberspace in order to realize order and security in cyberspace. The method used in this study is the normative juridical method with the legislation approach and case approach.]]>
<![CDATA[Handling Covid-19 Related to Regional Security According to ASEAN Political-Security Community ]]>
<![CDATA[Calvin, Calvin]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38195
<![CDATA[The presence of COVID-19, caused enourmous losses to the society and nation in various aspects of life. One aspect which meant is state security especially in ASEAN.Speaking of the present, no antidote has been completely found to cure COVID-19. This paper is made to find out what effort has been done by South East Asia countries in the aspect of state security, and to find out what effort has been done by ASEAN Political-SecurityCommunity. The author uses juridical-normative research method, which the author did the research based on national and international instruments of law, doctrines, literature andother media.Based on the research results, ASEAN members haveissuedvarious policies in purpose to deal with COVID-19 such as: travel ban, social distancing/ physical distancing, and lockdown. Furthermore, all efforts made by ASEAN Political-Security Communityare categorized as soft law.]]>
<![CDATA[Critical Review of the Urgency of Strengthening the Implementation of Cyber Security and Resilience in Indonesia ]]>
<![CDATA[Aulianisa, Sarah Safira]]>;
<![CDATA[Indirwan, Indirwan]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38197
<![CDATA[The development of information technology in cyberspace is unavoidable. which followed by the vulnerability of threats and attacks on data and information traffic that can threaten the country's sovereignty. One of the ways that can be done is to strengthen Indonesia's cyberinfrastructure and institutions. The purpose of this legal research is to find out the urgency of regulating Cybersecurity and resilience in Indonesia and its challenges and obstacles, also to conduct a comparative study in several countries. This research is normative legal research with qualitative descriptive analysis. The results of the study indicate that arrangements regarding Cybersecurity and resilience are very important and must be enacted immediately.]]>
<![CDATA[Cryptocurrency’s Control in the Misuse of Money Laundering Acts as an Effort to Maintain the Resilience and Security of the State ]]>
<![CDATA[Adiyatma, Septhian Eka]]>;
<![CDATA[Maharani, Dhita Fitria]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38257
<![CDATA[Along with the times, the latest transaction system emerged using Cryptocurrency in its development is used as a digital payment instrument. The problem discussed in this research is the opportunity to misuse Cryptocurrency as a digital currency that can be used as a form of Money Laundering crime. This research uses the normative legal research method. The author uses primary, secondary, and tertiary legal materials using a qualitative approach. This research also uses the principle of state responsibility to protect as a knife of analysis. Thus the regulations regarding handling money laundering in the form of crypto currency investment must be upheld and improve the quality of human resources in the hope of becoming part of the savior of state money from money laundering through the ability of its virtual team.]]>
<![CDATA[Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths ]]>
<![CDATA[Izzati, Nur Arissa]]>;
<![CDATA[Permata, Chusnul Qotimah Nita]]>;
<![CDATA[Santalia, Miftah]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38261
<![CDATA[The Border disputes between sea, island and the state are matters of international courts through the role of international law. Sea boundary problems often occur such as disputes between Indonesia and Vietnam in the Natuna Sea region, disputes over the Exclusive Economic Zone (EEZ), disputes between Indonesia and Malaysia in the Malacca Strait, South China Sea Disputes, etc. Unilateral claims cause relations between countries experiencing conflict. This happens because negotiations between countries have not been completed, violations by disputed countries, unclear sea boundaries, etc. The United Nations Convention on the Law of the Sea (UNCLOS) 1982 is an international maritime law that only applies to ratify countries that can apply it. Settlement can be donethrough two channels, that are litigation and non-litigation, ITOLS is the last attempt at completion of the litigation path.]]>
<![CDATA[Analysis The Effectiveness Of Tax Relaxation Due To Covid-19 Pandemy On Indonesian Economic Defense ]]>
<![CDATA[Munandar, Mutiara Hamdalah]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38631
<![CDATA[The Act Number 28 of 2007 concerning General Provisions and Tax Procedures, it is explained that tax is a mandatory contribution to the state owed by individuals or entities that are forcing based on the law, with no direct compensation and is used for state purposes for the magnitude of people's prosperity. Indonesia began to impose taxes with a self assessment system or trust to calculate tax payable, pay off tax shortages, calculate taxes paid, and report to the Directorate General of Taxes themselves. On March 13, 2020, the Ministry of Finance said that income tax relaxation would be imposed. The government has issued Regulation of the Minister of Finance (PMK) number 23 / PMK.03 / 2020, regarding Tax Incentives for Taxpayers affected by Corona Virus. However, is this effective? What is the impact of this relaxation policy on Indonesia's economic defense?]]>
<![CDATA[Legal Analysis Of Human Trafficking Case As A Transnational Organized Crime That Is Threatening State Security ]]>
<![CDATA[Prasetya, Yuda]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 1 (2020): The Legal Paradigm in National Defense and Security ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i1.38635
<![CDATA[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.]]>
<![CDATA[Optimizing the Role of the BUM Desa in the Development of Rural Economy During the COVID-19 Pandemic ]]>
<![CDATA[Zakariya, Rizki]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i2.40814
<![CDATA[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.]]>
<![CDATA[Actualization of the Force Majeure Clausula in the Law of Agreement in the Middle of Pandemic COVID-19 ]]>
<![CDATA[Nur Azmi, Rama Halim]]>;
<![CDATA[Hilmy, Muhammad Irfan]]>
<![CDATA[ Lex Scientia Law Review Vol 4 No 2 (2020): The Legal and Human Rights Dimension in The Covid-19 Pandemic Era ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v4i2.40897
<![CDATA[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.]]>
