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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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Legal Discourse: The Spirit of Democracy and Human Rights Post Simultaneous Regional Elections 2020 in the Covid-19 Pandemic Era Hamdani, Fathul; Fauzia, Ana
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.v5i1.45887

Abstract

The implementation of these simultaneous regional elections is certainly a separate discourse that is interesting to be learned, especially concerning the enforcement of democracy and human rights. The main objectives of this research focus on the analysis related to the relationship between democracy and human rights, the fundamental dignity of democracy and human rights after the implementation of the regional leader’s elections in 2020, and also the government’s responsibility in case of an increase in cases of Covid-19 resulting from the implementation of simultaneous regional elections. In this research, the method used is normative juridical using statutory, conceptual, and historical approaches. The research results centered on a conception of democracy and human rights as a conception of humanity born from the history of human civilization. This conception of human rights and democracy in its development is significantly related to the conception of state law. Thus, the existence of Indonesia as a legal state places the law as a hierarchicalunity of the legal norms that culminate in the constitution, and the constitution has clearly and clearly stated in Article 28I paragraph (4) of the Constitution that: “The protection, promotion, enforcement, and fulfillment of human rights is the responsibility of the state, especially the government." Therefore, the state is responsible for ensuring the enforcement of the human rights of citizens, especially after the implementation of the 2020 regional leader elections (hereinafter as pilkada) amid the Covid-19 pandemic era.
The Legal Certainty and Protection of Foreign Investment Againsts Investment Practices in Indonesia Ayu Taduri, Januari Nasya
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.v5i1.46286

Abstract

Foreign investment or well known as "Foreign Capital Investment" is one of the state's efforts to accelerate the pace of the Indonesian economy. So, it is not surprising that the Indonesian Government continues to carry out juridical reforms related to foreign investment. This renewal cannot be separated from the objective of providing certainty and guaranteeing legal protection for foreign investors, so that they can continue to carry out investment in the territory of the Republic of Indonesia. But the question that arises by the author, are the Indonesian laws and regulations sufficient to provide legal certainty in various aspects of investment, from licensing to dispute resolution? In response to this, this paper aims to further examine the legal certainty and protection of foreign investors in carrying out Foreign Direct Investment. The legal research method used is normative legal research through a statutory approach. In addition, this paper uses secondary legal data sources.
Legal Offerings Increase the Effectiveness of Determination of Coercive Money and Administrative Sanctions on State Administrative Decisions Hamdalah, Mutiara; Arwana, Yudha Chandra; Yusrina, Asna
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.v5i1.46287

Abstract

Legal Offers In Improving the Effectiveness of Forced Money Determination Efforts and Administrative Sanctions On the warning of a valid verdict that is not carried out by the defendant. The assessment of the formulation of the problem in this study is how the legal culture in Indonesia to the application of Article 116 paragraph (4) of Law No. 51 of 2009 on State Administrative Justice. In this paper the author also provides an understanding of the comparison of the State Administrative Law system (Indonesia) with Verwaltungsgerecht (Germany) in order to realize legal justice for the community. By using paradigms in terms of epistemological and axological aspects. In the implementation has not been found a special authority in overseeing the existence of the State Administrative Decision (KTUN) that has been validly decided by the judge, there are still some cases of defendants who do not carry out the warning of the verdict against the verdict. The defendant must pay forced money or administrative sanctions against it. From these cases, there should be special authority in supervising the KTUN that has been decided by the judge. The author in this paper offers a legal offer to improve the effectiveness in the implementation of the KTUN in improving legal certainty and guarantee of legal protection in the field of State Administrative Justice. The authors of this paper use descriptive doctrinal research methods, descriptive legal research that explains what should be communicated with the law in the review of das sollen and das sein.
Indonesia Sharia Bank Merger Process Reviewed from Business Competition Laws Handyanto, Shahyb; Astuti, Monita Sri; Ajiputra, Kevin Surya
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.v5i1.46288

Abstract

Islamic bank entities in Indonesia, namely BNI Syariah, BRI Syariah, and Bank Syariah Mandiri have merged to become Bank Syariah Indonesia. The merger process was effective on February 1, 2021. As we know, the three banks are state-owned, which have significant assets and have a reasonably large market in Indonesia. In connection with business competition law which seeks to create a fair business competition situation in Indonesia, every corporate action, including merger activities, must be notified to the Business Competition Supervision Commission (hereinafter as KPPU) to assess whether monopolistic practices or unfair business competition have occurred or not. The notification is an effort to supervise every business actor in order to carry out activities that do not violate business competition and do not harm other parties. This study aims to examine normatively the merger process carried out based on business competition law in Indonesia. The research uses materials from both regulations, legal principles, doctrine, and sources related to the subject matter. The data obtained were then analyzed for further analysis to produce conclusions. The results showed that the merger process between the three Islamic banks in Indonesia did not violate the business competition law because it did not occur in a position monopoly and the absence of monopolistic practices.
Direction of Regulating Catcall Actions in Law: Comparison of Indonesia and France Law Halim, Evelyne Julian
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.v5i1.46376

Abstract

Various forms of harassment in the world are increasing, including in Indonesia. Women and children are the most frequent victims of sexual harassment, but it does not rule out that men can become victims. Catcalling is an act that has sexual implications for the victim with teasing, whistling, screaming, comments, and even eye contact on the street or in public places. Sexual harassment negatively impacts victims such as shame, offense, humiliation, anger, loss of self-esteem, loss of chastity, depression, etc. Writing this scientific article aims to provide reference material for lawmakers regarding the ideal regulation of street harassment, especially catcalling. Then, give the readers an understanding of catcalling and the urgency of its rule in Indonesian legislation. The research method used in this scientific article is a normative juridical method with data collection techniques using literature study by examining secondary data, namely statutory regulations, other legal documents, research results, assessment results, and other references. This study uses a statute approach, conceptual approach, and comparative approach. This verbal sexual harassment has been taken seriously in several countries, one of which is France. In France, this anti-catcalling Law is known as Loi Schiappa. Loi Schiappa gave direct fines to the perpetrators of catcalling. In Indonesia, there is no regulation regarding catcalling, resulting in a legal vacuum. Indonesia can follow the model of the French Catcalling arrangement, which uses direct fines on the spot. So that provides legal certainty as well as protects the human rights of victims of catcalling.
Penal Mediation as the Concept of Restorative Justice in the Draft Criminal Procedure Code Adi, Emmanuel Ariananto Waluyo
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.v5i1.46704

Abstract

The law recognizes both litigation and non-litigation settlement mechanisms, but it is almost not explicitly regulated for non-litigation settlement in criminal cases. Non-litigation in criminal recognizes the concept of restorative justice for the public interest, which is different from the private realm in civil. The concept of restorative justice exists to rehabilitate the state of criminals so that they are accepted back into the community. The concept of restorative justice is manifested in the mediation mechanism in criminal law in the form of penal mediation, but penal mediation does not yet have a legal umbrella. The non-progressive normative application of the law results in the overcapacity of prisons/remand centres. Currently, the Draft Criminal Procedure Code (hereinafter as RKUHAP) is being drafted, which does not yet regulate the application of non-litigation solutions. Later, it can be applied by law enforcement agencies so that problems such as overcapacity prisons are resolved and the creation of peaceful order in the community. This study aims to provide a view of the concept of penal mediation in criminal procedural law to serve as an aspiration for the consideration of the parties involved in the preparation of the substance of the RKUHAP. This paper uses a normative approach with technical analysis using hermeneutic analysis and interpretation methods.
Land Acquisition for Customary Law Communities: A Review of The Book “Perlindungan Hak atas Tanah Masyarakat Hukum Adat dalam Pengadaan Tanah untuk Kepentingan Umum” Pujiani, Resty Shelya
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.v5i1.46903

Abstract

Indonesian Personal Data Protection Concept: A Book Review “Kebebasan Informasi Versus Hak atas Privasi: Tanggung Jawab Negara dalamPerlindungan 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

Quo Vadis of Politics of Law of Human Rights Protection Policy in Indonesia Anif, Virdatul
Lex Scientia Law Review Vol 1 No 1 (2017): Contemporary Issues of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v1i01.19453

Abstract

Human rights are considered as something very fundamental, which are strictly regulated in both national and international legal instruments. Issues regarding the protection of human rights have always been the concern of many parties, including the fulfillment of the rights themselves. The fulfillment and protection of human rights, although universally regulated, is still heavily influenced by the ideology of a country and even the policies of the government regime. This paper discusses the direction of legal politics in human rights protection policies in Indonesia from time to time. This paper attempts to look at the politics of law in the light of the policies and laws and regulations that have been made related to human rights in Indonesia.
Handling of Actors of Criminal Acts of Terrorism in the Protection of Human Rights Huda, Khoiril
Lex Scientia Law Review Vol 1 No 1 (2017): Contemporary Issues of Human Rights in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v1i01.19479

Abstract

Criminal acts of terrorism, for Indonesia, have become a very real threat and are of particular concern to the government. The formation of Densun 88 Anti-Terror, according to the establishment of the National Counterterrorism Agency (BNPT), shows that the government is really serious about dealing with this problem. Various acts of terrorism in Indonesia from time to time continue to experience changes in motives and actors and even target segmentation. However, in many cases, the unclear procedure for handling perpetrators or suspected terrorism still creates a lot of controversy. Starting from the protection of human rights and the principle of the presumption of innocence, to how laws and regulations provide clear rules on how and how human rights are protected in the handling of terrorism cases.

Page 9 of 23 | Total Record : 227

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