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Ridwan Arifin SH LLM
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INDONESIA
Indonesian Journal of Advocacy and Legal Services
Published by Universitas Negeri Semarang
ISSN : 26862085     EISSN : 26862611     DOI : 10.15294/ijals
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 161 Documents
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Small Claim Court as the Alternative of Bad Credit Settlement for Legal Certainty of the Economic Actors Pujiyono, Pujiyono; Pati, Umi Khaerah; Pranoto, Pranoto; Tejomurti, Kukuh
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.48136

Abstract

This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.
Multi-Sector Collaboration in Legal Protection for Teachers and Students Amidst of Covid-19 Pandemic (Case of Mirit Kebumen, Indonesia) Surip, Surip; Rasdi, Rasdi; Nadiyya, Ahsana; Arifin, Ridwan; Kurniawan, Dwi Bagus
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i2.50699

Abstract

The Covid-19 pandemic has become one of the most unexpected problems, and has had a significant impact on all sectors. Not only the health sector, but also education. The pandemic is forcing all parties to change the pattern and method of education, as well as forcing them to adapt quickly. Various learning process activities are carried out online, but various research results show the weaknesses of this method. Starting from the effectiveness of the learning process, dependence on communication devices (cell phones and laptops), to various legal problems faced by teachers, students, and parents of students. This service program aims to provide reinforcement in terms of protection for teachers and students during the pandemic by involving multi-sectors (Universities-Legal Aid Institutions-Teachers' Union). The partner in this activity is the Indonesian Teachers Association (PGRI) in Mirit District, Kebumen Regency, Central Java. The implementation method in this service uses several things, namely: (1) socialization, (2) education, (3) legal assistance, (4) partner networks. Through this service program, it is hoped that in addition to realizing collaboration between institutions: the Faculty of Law UNNES-LBH-PGRI, it is also hoped that this activity can provide encouragement for teachers in increasing the capacity of legal assistance.
Implementation of Business Judgement Rules in Indonesia: Theories, Practices, and Contemporary Cases
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.53335

Abstract

Business judgment rule considerations were born with a background of problems where they are always blamed for losses suffered by the company, the impression that is built basically does not reflect the values ​​in the company’s business operations. This research aims to analyze how is the adoption process Business Judgement Rule in Indonesian law, and how to apply Business Judgement Rule in Indonesian. This research also intended to understand the application of the Business Judgment Rule doctrine in Indonesia. This research is normative juridical research conducted through library research and analyzed by qualitative research methods on the secondary data found. The results of this study indicate that the application of the Business Judgment Rule can provide legal protection for the board of directors for business policies taken even though the business policy results in losses for the company, as long as the business decisions are made with prudence, in good faith, and in the scope of authority and responsibility.
Strengthening the Role of Community in Improving the Quality of The Manpower
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.53366

Abstract

The quality of labor resources in a country is an important part of development. A qualified workforce will encourage the acceleration of development in an effective, efficient, and competitive manner. In addition, a qualified workforce will also encourage massive economic growth. However, in improving the quality of the workforce, there are still many challenges, one of which is related to the distribution of skills and competencies of workforce certification. This study aims to analyze strategies and patterns of improving the quality of the workforce through community and community strengthening. This study is part of a community service program in the Gunungpati area, Semarang City, Indonesia. Such an approach is expected to support the validity of the devotion results as a helpful output. Observation will be carried out using field studies about the subject matter studied. This devotion uses socialization, games, and motivational training as an effective strategy to instill awareness in the target audience of the dangers and threats to tax blindness as well as the importance of public awareness of the importance of tax payments, not only for themselves but for the state, to ensure the fulfillment of the rights of the community, mainly traders and entrepreneurs as fellow citizens will be increasingly guaranteed and accountable.
The Authority of the Village Government in the Management of Village Funds during the Covid-19 Pandemic
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.53646

Abstract

The Covid-19 emergency condition requires a change in the priority of using village funds, which was originally to finance government administration, development implementation, community development, and community empowerment switch to village cash direct assistance activities. Mekarsari Village basically had several priorities before the arrival of the Covid-19 pandemic, one of which was the improvement of infrastructure such as roads and government agencies such as village offices due to the earthquake that hit Lombok Island in mid-2018. The purpose of this study is to examine how the impact of the Covid-19 pandemic in Mekarsari Village is, then examine the authority of the Mekarsari Village Government in managing village funds in the Covid-19 pandemic era and how to optimize it, and examine what obstacles are faced by the Mekarsari Village Government in managing funds. village during the Covid-19 pandemic. In this study, the author applies the normative-empirical legal research method using a statutory, conceptual, and sociological approach. The results of the study indicate that the very broad function of the village government is the foundation for the sustainability of effective village government in carrying out local policies, especially in dealing with the Covid-19 pandemic. Then the Mekarsari Village Government has also established a village fund program to support village development so that they are able to optimally manage human and natural resources in order to alleviate new poverty due to the Covid-19 pandemic.
Empowering Society during Covid-19 Outbreaks: Digital Marketing Optimization for MSMEs and Human Rights Perspective
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.54419

Abstract

The COVID-19 pandemic has become a new challenge for most societies worldwide, significantly impacting the economic sector. For this reason, online community empowerment is an alternative, given the rapid development of technology. This pandemic has pushed people to shift to digital technology, including the increasing importance of digital marketing. However, in its application, Micro, Small, and Medium Enterprises (MSMEs) still face problems designing and starting this digital marketing. This study focuses on empowering the community for the MSME in connecting sheets (kain sambung or perca) in Jatimkar Village, Jatiasih District, Bekasi City, West Java with the field conditions that business actors have not considered the vital role of digital marketing. Marketing through social media and marketplaces cannot be carried out optimally because business actors focus on the production process rather than marketing. This situation is suspected to be due to the limitations of business actors in operating social media and marketplaces. In fact, in this situation, business actors are experiencing a decline in sales figures, resulting in a decrease in sales turnover. This research was conducted based on community service to assist business actors in improving marketing by covering observation, socialization, discussion, and practice. The implementation method used is Asset Based Community Development (ABCD). The benchmark for the success of this program is the increase in the asset value of MSMEs so that business actors gain skills in digital marketing by using social media and the marketplace to introduce and market the product.
Enforcement of Criminal Sanctions of Health Quarantine Law Trespasser in Indonesia
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.54429

Abstract

WHO stated there was an additional variants of the Corona virus that were more easily transmitted and resistant to vaccines. The Indonesian government required to prevent the entry of these variants into Indonesian territory. This prevention realized by implementing a quarantine policy which guided by Law Number 6 of 2018 on Health Quarantine. However, there is a gap between the number of violations and the low rate of case resolution. One of the causes is people's non-compliance with quarantine provisions after traveling abroad. This contradicted by the purpose of the Health Quarantine Act. This study aims to describe the legality and legal construction of the Health Quarantine Act formulation. This research was a normative juridical by using a statute approach and a conceptual approach. The results of the study indicate that violations of the Health Quarantine Act can be punish in order to provide certainty and law enforcement based on the ultimum remedium principle if they meet the provisions of the Health Quarantine Act. Thus, evaluation of legal content related to juridical consequences, and socialization as a persuasive effort and communication strategy need to be carried out so that transparency of legal consequences can be accepted and obeyed by the community.
Trusteeship during the Covid-19 Pandemic: Urgency and Challenges in Indonesia
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.54468

Abstract

COVID-19 has had a broad impact in many sectors, including social welfare and legal certainty. During covid-19, in 2021 about 28,000 children being orphaned, and this continues to grow along with the outbreak of the Covid-19 virus in Indonesia. Constitutionally, state guarantees for children’s welfare are regulated in various laws and regulations, however, many children do not get care until they grow up, causing the child to be under trusteeship. In positive law, trusteeship has been regulated in the Civil Code, the Compilation of Islamic Law, Law 1 of 1974 and PP 29 of 2019. However, the extent to which these regulations can meet the need for trusteeship in Indonesia still needs to be studied. This paper includes the extent to which Orphan Chamber’s (Balai Harta Peninggalan or BHP) role in the trust can function correctly. This study used normative juridical research uses a statute approach through library studies. This study found and confirmed that every child is not only entitled to protection for himself. He is also entitled to protection for his property. However, some of these regulations still have various problems ranging from overlapping rules to problems in practice. Meanwhile, the existence of disharmony provisions causes the role of BHP as trustee of trustees and temporary trustees to be less than optimal. However, with the RUU BHP, the concept of trusteeship and the role of BHP institutionally and its duties and functions will be strengthened, although with various notes. Such is the case by optimizing his role as supervisory trustee in situations of natural or non-natural disasters such as the Covid-19 pandemic.
Contribution of Islamic Law Concerning The Death Penalty to the Renewal of Indonesian Criminal Law
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.55226

Abstract

This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of ​​balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of ​​balance is following the basic values ​​of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.
Corporate vs Community Head to Head: The Complexity of Land Tenure Conflict in Indonesia
Indonesian Journal of Advocacy and Legal Services Vol 4 No 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.55648

Abstract

At the end of 2018, residents replanted the land with thousands of banana trunks. In January 2019, Pakel residents were reported by P.T. Bumi Sari; the police summoned 11 residents. In 2020, residents established a command post and planted it for six months. However, in 2020 PT BUMI SARI said it had pocketed the latest Right to Cultivate, which entered some of the villages included in their Right to Cultivate (HGU.). However, a copy document is not owned by the head of the town and residents in Pakel village. This research is a field research or empirical legal research. This research is intended to analyze about the reclaiming reclaiming carried out by the Pakel community, whether it is justified. Futhermore, this research also analyze whether PT Bumi Sari's control of land in Pakel village is against the law. This research concluded that reclaiming by Pakel residents is the right of Pakel residents as with the purpose of the formation of the Basic Agrarian Law (UUPA), which is to bring prosperity, happiness, and justice to the State and the people, especially to the peasants. Right to Cultivate of PT Bumi Sari does not comply with the laws and regulations stipulated in the UUPA. and Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Rights.

Page 13 of 17 | Total Record : 161

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