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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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Advocacy on Combating Hunger Harris, Rahadyan Fajar; Wahyuni, Indria; Prihatiningtyas, Wilda
Indonesian Journal of Advocacy and Legal Services Vol 5 No 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.67726

Abstract

The imperative to expedite the reduction of stunting rates has emerged as a paramount policy goal, garnering unanimous support from local governments across Indonesia. Banyuwangi Regency, in its commitment to this cause, has introduced the Banyuwangi Tanggap Stunting (BTS) Program, an innovative initiative aimed at diminishing stunting prevalence. The success of this program hinges on the endorsement and proactive involvement of all village governments within Banyuwangi Regency. Crucially, the efficacy of such policies necessitates a foundation rooted in the Political Will of village governments to facilitate implementation. This study delves into the case of Kedunggebang Village, situated in the Tegaldlimo District, which has embarked on the BTS program through a collaborative, cross-sectoral approach and extensive community counseling efforts. The primary objective of this research is to elucidate the Political Will exhibited by the Kedunggebang village government in supporting the BTS initiative, while also examining the impediments encountered during its implementation. Employing qualitative descriptive methods and in-depth interviews, this research employs the Brinkerhoff Theory as an analytical framework. Notably, the study stands out as a multidisciplinary exploration, scrutinizing public health concerns through the lenses of public policy and government bureaucracy. The findings reveal a nuanced scenario where the Kedunggebang Village Government demonstrates a lower level of Political Will, yet exhibits the capacity to effectively implement the BTS program. Consequently, the study advocates for essential bureaucratic reforms, including the enactment of village regulations, the formulation of comprehensive village development plans, and the establishment of a dedicated task force to accelerate the reduction of stunting rates.
Gender Based Violence in Higher Education: A Model of Protection and Law Enforcement Setiawan, Andry; Pangaribuan, Shalisha Danica; Chastine, Giovanni Helennia; Nurfebriyanti, Safa; Noviatantri, Shavia Hana
Indonesian Journal of Advocacy and Legal Services Vol 5 No 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.74131

Abstract

Gender-based violence is a phenomenon that is still encountered in academic environments, including at Semarang State University (UNNES). This study aims to analyze gender-based violence at UNNES from the point of view of international law, international conventions that have been ratified by Indonesia related to women's protection, and existing regulations and policies at UNNES related to this issue. The research method used is a juridical normative approach by collecting data through literature studies, document analysis, and interviews with related parties. The results showed that gender-based violence at UNNES includes various forms, including sexual harassment, gender discrimination, gender stereotypes, and policies that are not in favor of women. This research also revealed that UNNES has adopted several regulations and policies related to gender issues, but there is still a gap between existing policies and their implementation. In addition, international conventions that have been ratified by Indonesia are also an important basis in protecting women from gender-based violence in the academic environment. This research provides recommendations to UNNES to strengthen the implementation of existing regulations and policies related to gender issues, as well as increase awareness and understanding of gender-based violence to the entire UNNES academic community. In addition, this research is also expected to be a reference for researchers and policy makers in dealing with the issue of gender-based violence in the university environment and encourage the adoption of policies that favor the protection of women's rights.
Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience Krismawati, Selviana; Pratiwi, Salsabila Yumna; Smith, Nucharee Nuchkoom; Smith, Robert Brian
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.65820

Abstract

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.
The Role of Legal Empowerment Based Advocacy for Rural Communities on Structural Social Inequality Tama, Rifqi Anugrah; Ikrom, Mohamad; Dixon, Edward; Nte, Ngaboawaji Daniel; Idris, Siti Hafsyah
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.68240

Abstract

Indonesia is a portrait of a legal state, the rights of the people have been protected by the Constitution, contained in the 1945 Constitution of the Republic of Indonesia. Substantially regarding advocacy assistance to the community is regulated in Article 28 of the Constitution of the Republic of Indonesia "Everyone has the right to recognition, guarantee, protection, and legal certainty that is fair and equality before the law". In order to realize what has been mandated by Constitution, the government then issued a Law on Legal Aid, namely Law Number 16 of 2011 which was later referred to as the Law on Legal Aid. This research is specifically to analyze the application provision of legal aid given the role of the advocacy party legal Empowerment Based for Rural Communities Against Structural Social Inequality. This is the extent of the government's attention to upholding justice and eradicating structural social inequalities in rural communities. Viewed from the point of view of the method used, this type of research/approach is a type of normative legal research. The Normative Approach is research that looks at positive legal aspects as well as documents and statutory regulations. Also called doctrinal legal research, namely legal research that uses secondary data.
Halal Certification Imperatives for MSMEs: Navigating Sustainability, Consumer Confidence, and Policy Compliance (Case of Kenteng, Bandungan, Indonesia) Rahayu, Sang Ayu Putu; Niravita, Aprila; Anitasari, Rahayu Fery; Kamal, Ubaidillah
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.72426

Abstract

Micro, Small, and Medium Enterprises (MSMEs) serve as the economic backbone of communities, with their sustainability influenced by various factors, including adherence to business legality. Among the crucial legal aspects, obtaining halal certification stands out as a pivotal requirement. This certification plays a vital role for business entities, aiming to bolster consumer confidence in the products they offer. The research conducted adopts a mixed-methods approach, combining qualitative and quantitative data collection and analysis. Surveys and direct interviews with service partners reveal significant challenges faced by these partners. These challenges encompass a spectrum from comprehending the importance of halal food products and the processes involved in their production to understanding the intricacies of halal certification and the necessary steps to obtain it. In accordance with the Halal Product Assurance regulations, the implementation of halal certification in Indonesia is mandated to expedite. Notably, by no later than October 17, 2024, all products entering, circulating, and trading in Indonesia must be duly halal-certified. This stringent timeline underscores the urgency for businesses to prioritize obtaining halal certification, positioning it as a critical component of their legal obligations. The significance of halal certificates extends beyond mere compliance, serving as a testament to a business's commitment to meeting the ethical and religious considerations of its diverse consumer base. This study also advocates for the important role of halal certification in sustaining MSMEs as the economic backbone of communities. The findings underscore the need for robust policy-making, emphasizing the urgency of halal certification in accordance with Halal Product Assurance regulations in Indonesia. The research aligns with the advocacy for policies that prioritize the timely implementation of halal certification, recognizing it as a critical component for MSMEs to meet legal obligations and enhance consumer trust.
Prevention of Radicalism and Terrorism in Higher Education: Regulation and Implementation Saman, Moh; Aflah, Muhammad Hilmi Naufal; Febriyanti, Diyah Anggun; Afifah, Bayyinatun; Masyhar, Ali; Arifin, Ridwan
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.74122

Abstract

The emergence of various cases of radicalism in universities is the responsibility of all parties. Various cases that occur in universities show that campuses in Indonesia are very vulnerable to being compiled by radical ideas and terrorism movements, even considered to have no clear curriculum direction in preventing radicalism and terrorism. This study aims to analyze three important things in the issue of radicalism and terrorism in universities, especially at Semarang State University, namely, first how radicalism prevention policies in universities (study at UNNES); second, how to implement policies to prevent radicalism and terrorism at UNNES; and third, how UNNES campus efforts to overcome students or lecturers exposed to radicalism and terrorism. The method used in this study is a mixed method that combines normative juridical research with empirical data in the field. The projected results of this study are in the form of real data regarding the implementation of religious freedom regulations on the UNNES campus. The output of this research is in the form of articles published in accredited national journals.
Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution Mubdi, Umar; Trikusrahayu, Martina
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.74777

Abstract

This research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.
The Analysis of the Legal Protection of Ship's Crew in Sea Work Agreement in Indonesia Putra, Tegar Islami
Indonesian Journal of Advocacy and Legal Services Vol 5 No 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margina
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.75367

Abstract

This article aims to analyze the welfare of crew members in the context of legal protection, which is reviewed in more detail from the perspective of the implementation of the maritime employment agreement in Indonesia. This is based on the poor execution of marine employment agreements in Indonesia and should pay more attention to the welfare of crew members. This research will be prepared using normative juridical research (legal research), which is research focused on examining the application of rules or norms in positive law in Indonesia. The assessment process is carried out by analyzing several related regulations, namely the Commercial Code, Laws, Government Regulations, and Ministerial Regulations. The results show that the implementation of sea work agreements in Indonesia involves various parties, such as employers/ship agents, skippers, crew members, and harbourmaster as a means of fulfilling the rights and obligations of workers and employers. In the context of legal protection, crew members in Indonesia have the right to work protection in the form of welfare, occupational safety, and occupational health. In addition, crew members also have the right to salary, overtime pay, holiday pay, delegation pay, transportation costs and wages at the end of work in a sea work agreement.
Exploring Student Perspectives on Restorative Justice: A Case Study at the Public High School of Kefamenanu Manubulu, Isakh Benyamin; Tahu, Maria Filiana; Astariyani, Ni Luh Gede; Da Cruz, Rosino; Tuasikal, Ditha Fomora
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.78039

Abstract

The exploration of Restorative Justice (RJ) in Indonesia's border areas, particularly within the context of North Central Timor High School, reveals intriguing insights into its implementation and reception among students. This study, employing an empirical legal research approach focused on statutory analysis, factual examination, and thoughtful analysis, sheds light on the evolving landscape of Indonesia's criminal justice system. Notably, the research highlights that while PERMENDIKBUD 46/23 initially adopts a distributive punishment framework, there exists a growing inclination towards adopting RJ principles. A significant proportion of students, constituting 55.50%, express strong support for the incorporation of RJ within the school environment. Moreover, a majority (51%) acknowledge the presence of RJ initiatives within their schools, emphasizing the gradual acceptance of this alternative approach. Furthermore, the findings underscore the importance of transparency in RJ practices, with 40% of students recognizing its significance. Additionally, a notable percentage (35.5%) of students endorse the application of RJ in addressing issues of sexual violence, signaling a potential avenue for addressing such sensitive matters within the school community. Crucially, a substantial proportion (43.33%) of students advocate for the active involvement of schools in facilitating the resolution of sexual violence cases through RJ processes. This underscores the pivotal role educational institutions can play in fostering a culture of accountability and restoration. Overall, the student perspectives elucidated in this research offer valuable insights into the feasibility and efficacy of RJ in addressing not only disciplinary matters but also complex issues like sexual violence within educational settings. As Indonesia continues to explore innovative approaches to justice, the embrace of RJ principles signifies a promising step towards fostering a more inclusive and restorative justice system.
Making Indonesia Sustainable: Shaping the Law to Reduce Digital Carbon Footprint Puteri, Dina Silvia
Indonesian Journal of Advocacy and Legal Services Vol 6 No 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.78500

Abstract

Indonesia needs to reduce the carbon footprint from the The Paris Agreement result, a legally binding international treaty on climate change, which entered into force on 4 November 2016. One of the outputs from the Paris Agreement is that the country needs to submit their national climate action plans, known as nationally determined contributions (NDCs). To achieve a sustainable future, Indonesia has Enhanced National Determined Contribution (ENDC) and committed to reducing its carbon emissions by 41 percent by 2030. This commitment is included in the Indonesia Emas 2045 (Golden Indonesia 2045) Program. However, the goals are still focusing on the physical carbon footprint. In the Indonesian Net Zero Emission Goals which needs to be achieved in 2060 the five steps mentioned are increasing the utilization of new renewable energy, reduction of fossil energy, the use of electric vehicles in the transportation sector, increasing electricity use in households and industry, and finally the utilization of Carbon Capture and Storage (CCS). Indonesia also needs to focus on reducing the digital carbon footprint as it currently increases with the usage of digital technologies. The research questions discussed in this paper are how Indonesia currently regulates digital carbon footprint in Indonesia, and what can Indonesia do to reduce digital carbon footprint. This research aims to analyze the current condition and current regulation on digital carbon footprint in Indonesia, and how Indonesian government can learn from other countries to reduce the digital carbon footprint in Indonesia. Methodologies used in this research are normative approach and comparative approach. The output of this research is a regulation to reduce digital carbon footprint in Indonesia, and to regulate the business actors to create ESG reports on a company's sustainability.

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