Indonesian Journal of Advocacy and Legal Services
Indonesian Journal of Advocacy and Legal Services (IJALS) is a double blind peer-reviewed journal published by the Faculty of Law, Universitas Negeri Semarang. IJALS is published twice a year (biannual), every March and September. IJALS is a Scientific Journal of Law that has specificities in the fields of Legal Services, Community Engagement of Law Sector, Legal Aid, and Advocacy, including criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law.
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161 Documents
Copyright Application for Students' Work at State Vocational High School 1 Demak Multimedia Majors
Kusmaningtyas, Rindia Fanny;
Rahayu, Sang Ayu Putu;
Hidayat, Arif
Indonesian Journal of Advocacy and Legal Services Vol 3 No 1 (2021): Advocacy and Legal Strengthening to Improve Community Social Welfare
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i1.42127
High School (SMK) is one of the educational institutions responsible for creating human resources that have skills so that at the time of graduation can develop performance in the world of work. most vocational school students who take multimedia corner where currently have spawned creative works. The existence of Law Number 28 of 2014 concerning Copyright is very important for the existence of legal protection for the copyrighted works of SMK students in the multimedia field. Because of the importance of understanding copyright and its legal protection. The targets of this activity are students of SMK N 1 Demak majoring in Multimedia, which are expected to develop their potential in finding creative works and knowing their benefits and legal protection. The method used in overcoming problems regarding developing the potential of SMK students in creating creative works. So that SMK students know the legal protection and benefits of copyrighted works and understand things that can be categorized as copyright works, who has the right to be the copyright holder, and what actions can violate Rights in accordance with Law Number 28 of the Year 2014 concerning Copyright. The steps taken to address the issues described above are: (1) Development or socialization of copyright recognition; dan (2) Coaching in developing the potential of vocational school students in creating copyrighted works.
Brain versus Reality: How Should Law Students Think?
Widyawati, Anis;
Arifin, Ridwan;
Rasdi, Rasdi
Indonesian Journal of Advocacy and Legal Services Vol 3 No 1 (2021): Advocacy and Legal Strengthening to Improve Community Social Welfare
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i1.42290
Law students are expected to have special abilities in the field of legal science, either in oral or oral. But in fact, the analytical skills of law students are not comparable to other abilities. Based on preliminary research conducted by the Proposer Team, it shows that out of 200 law students surveyed (Students of the Faculty of Law, Semarang State University), only 10 have written and conducted scientific publications in both national and international journals. Meanwhile, of the 200 people stated that students' critical abilities and analytical thinking are important, 184 people said that discussion forums are mandatory for law students, but in fact, of these 184 people, only 2 people followed up on the results of the discussion. . In other words, discussions conducted by students were not followed up in various forms of scientific studies and publications that could be read by many people. This program provides facilities for law students in in-depth critical analysis studies and criminal case studies related to human rights. In this program, students are expected to be able to have good analytical skills both in oral and verbal forms. Partners in this program are the law student community at Semarang State University. This program is expected to be able to solve partners' problems in the lack of critical analytical skills and case studies of criminal law as well as scientific publication of legal research results. The output of this program is expected to create a sustainable and sustainable activity related to critical analysis and legal case studies.
The Problematic of Disaster Management Law and Policy in Nigeria: A Study of Bayelsa State
Amede, Ogochukwu Harrison;
Ejumudo, Kelly Bryan Ovie
Indonesian Journal of Advocacy and Legal Services Vol 3 No 1 (2021): Advocacy and Legal Strengthening to Improve Community Social Welfare
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i1.45571
The study examined the problem of disaster management in Nigeria using Bayelsa State as a case study. Four null hypotheses were raised and tested at a 0.05 level of significance. The study adopted the descriptive survey design and sample sizes of 300 adults were drawn from fifteen (15) affected communities in Bayelsa State. The instrument used for data collection was a disaster management questionnaire and the data were analyzed using chi-square. The finding of the study revealed that there is a significant relationship between poor integrated policy and action plan as well as weak institutional capacity and collaboration of disaster management agencies and effectiveness of disaster management in Bayelsa State. The study clearly showed that there is a significant relationship between poor commitment and piece-meal approach by the multi-layered levels of government as well as poor stakeholders’ participation and synergy and effectiveness of disaster management in Bayelsa State. The study recommended among others that long-term monitoring and surveillance mechanism; continuous provision of infrastructure for the host communities by prospecting oil companies; adequate funding by governmental and non-governmental and the development of a national oil spill contingency plan should be adopted and deployed with an eye to guaranteeing sustainable development of the environment in the region.
Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan
Shahid, Shahzeb
Indonesian Journal of Advocacy and Legal Services Vol 3 No 1 (2021): Advocacy and Legal Strengthening to Improve Community Social Welfare
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i1.45597
This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.
Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction
Adhi, Yuli Prasetyo;
Triyono, Triyono;
Muhyidin, Muhyidin
Indonesian Journal of Advocacy and Legal Services Vol 3 No 1 (2021): Advocacy and Legal Strengthening to Improve Community Social Welfare
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i1.45728
Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.
How Do Villagers Solve Their Legal Problems? A Study of District Court (Peradilan Desa) for Dispute Settlement Process
Wahanisa, Rofi;
Lestari, Dwi;
Rahman, Malik Akbar Mulki;
Putri, Fadhilah Rizky Aftriani
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i2.45843
This study aims to provide another alternative in resolving conflicts in Lerep Village which is called the District Court (Peradilan Desa). The village court aims to help resolve conflict problems in Lerep Village so that there is no accumulation of cases in the surrounding District Courts. Village justice is carried out by familial mediation between the person in dispute with the head of the local hamlet and the village head. The decisions given are in the form of suggestions from the hamlet head and village head which are not binding. District justice (Peradilan Desa) is a win-win solution to the conflict in Lerep Village. However, the implementation of this District court still has shortcomings. One of them is the district court does not yet have a reference for regulations in its implementation. Another deficiency is the lack of knowledge in the legal field of the parties acting as intermediaries, such as the hamlet head and village head. The research method used in this research is legal research, legal research is often referred to as doctrinal or normative. Normative legal research examines principles, numbers, concepts, rules, laws and regulations, research decisions, agreements and doctrines that are placed by law as a norm system by examining library studies. The conclusion in this study is that specific regulatory references are needed to regulate the running of village courts. And there must be training to provide basic knowledge to the parties concerned.
Empowering and Protecting Local Products: The Implementation of SMEs Product Protection and Legality in Lerep Village Indonesia
Maulana, Muhammad Reza;
Ramadhani, Fauziah;
Niravita, Aprila;
Lestari, Sri
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i2.45844
SMEs are a source of livelihood for small and medium communities in areas in Indonesia. Currently, the government is actively assisting SMEs players in building their businesses in order to improve the family economy and the economy of the people in the region. The size of the contribution of SMEs in supporting the economy of a country so that the existence of SMEs is highly expected by any country because of its vital role in the development and progress of the economy to achieve people’s welfare. The establishment of a business in the SMEs sector is able to absorb the number of workforces who are ready to work but have not yet got a job so that it can reduce the number of unemployed. In establishing a business, SMEs actors should have a legality license or business license to run their business. The importance of legality for SMEs activists is that in running their business entrepreneurs do not need to be confused when their merchandise or business is tested to find out the feasibility and legality of the business they are running. Implementation in the ease of granting permits for SMEs is still not possible in all regions because there are still regional heads who have not issued regulations to delegate the authority to issue SMEs permits to sub-districts. Business licenses or SMEs that have received legality of their products to get it easier in running their business. Business licensing provisions that need to be owned by entrepreneurs in the form of Company Business License are based on the Regulation of the Minister of Trade No. 46/2009 concerning Amendments to Permendag No.36/2007 concerning Issuance of Trading Business Permits.
Understanding and Litera Legis of Marriage Law in the Millennial Era for School Children
Pujiono, Pujiono;
Hidayat, Arif;
Sulistianingsih, Dewi
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i2.45878
In Indonesia, the marriage law is regulated in UU No. 1 of 1974 which has been amended to become UU No. 16 of 2019. In addition, non-Moslems may comply with the provisions of the marriage law contained in the Civil Code. Marriage is an initial process for the formation of family life and the beginning of the manifestation of forms of human life. The daily life of men and women, created by God Almighty, naturally has an attraction to one another to share affection in realizing a life together or it can be said that they want to form physical and mental bonds to create a happy, harmonious, and eternal family. Understanding the marriage law needs to be done with humanist efforts and cannot be done instantly. The efforts to understand the marriage law need to be made to all levels of society, especially for school children so that the marriage they live in can be in accordance with the objectives of the marriage. School children are classified as immature and they still have an important responsibility to study. They really need information about the marriage law in order to gain a comprehensive understanding of marriage because they are in a stage of growth that is full of curiosity. This program aims that school children will not get missed-information about the marriage law. Therefore, school students are one of the targets of this program.
Integrated Land Registration System: Between Legal Certainty and Challenges (Case of Semarang City)
Rachmawati, Fairus Augustina;
Choirinnisa, Shafa Amalia;
Latif, Latif
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i2.45895
In providing legal certainty for the control and ownership of community land parcels, the government carries out a program of registration and data collection of land parcels or what is called Complete Systematic Land Registration (PTSL). In its implementation, the city government of Semarang is targeting as many as 50,000 certificates to be registered with a total of 55,000 land parcels so that with a high quantity output, many problems will occur and a strategy is needed to solve it. Based on these problems, it is necessary to study related problems and the completion of the Semarang City PTSL Program 2021. The research was carried out using a juridical approach by obtaining the results of research in the field. Especially in the area of Bendan Duwur and Sampangan urban villages, Semarang City in implementing the PTSL program in 2021 in the City of Semarang. Through this research, the obstacles to implementing PTSL Semarang City 2021 lie in the implementation of socialization, data collection and asset registration as well as in digitizing PTSL data. The settlement strategy that can be taken to minimize the problems of implementing PTSL is by improving resource strategies, coordinating with villages / sub-districts in making a Physical Land Acquisition Statement, as well as educating the public regarding online data that has been undertaken to support conversion from analog data to data. digital.
Law and Leadership Style: How Could the Leader Promote the Effective Law Enforcement? (Case of Correctional Institution Class IIA Pekalongan)
Firdausyah, Egitya;
Ashraff, Muh
Indonesian Journal of Advocacy and Legal Services Vol 3 No 2 (2021): Strengthening Communities Amid Uncertainty: How Does Law Work for Society?
Publisher : Faculty of Law, Universitas Negeri Semarang
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DOI: 10.15294/ijals.v3i2.47470
According to PP Number 27 of 1983, State Detention Centers, hereinafter referred to as detention centers, are places for suspects and defendants to be detained during the process of investigation, prosecution and examination at court proceedings. In carrying out the duties and authority of the detention center, it is certainly controlled by a leader. In this case the leader in question is the head of the detention center. The head of the detention center in running the leadership wheel must have the skills to lead subordinates. There are several styles or models of leadership, one of which is the situational leadership style, where the leader is more concerned with the situation, when to be pushy and when to moderate. Leadership is certainly associated with performance. Performance is a result of both the quality and quantity performed by officers in carrying out their work. From this understanding, researchers are interested in conducting research related to the influence of situational leadership style on the performance of correctional officers using the correlation method where the independent variable is the influence of the situational leadership style, and the dependent variable is the performance of correctional officers in class IIA Pekalongan Detention Center. Based on the statistical data analysis that the researchers conducted, it can be concluded that the situational leadership style has an effect on the performance of correctional officers in the Class IIA Pekalongan Detention Center.