cover
Contact Name
Ridwan Arifin SH LLM
Contact Email
ridwan.arifin@mail.unnes.ac.id
Phone
+6281225294499
Journal Mail Official
ijals@mail.unnes.ac.id
Editorial Address
Gedung K Lantai 1 Kampus Sekaran Gunungpati Semarang 50229
Location
Kota semarang,
Jawa tengah
INDONESIA
Indonesian Journal of Advocacy and Legal Services
ISSN : 26862085     EISSN : 26862611     DOI : 10.15294/ijals
Core Subject : Social,
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
Between the Protection and Humanity: The Implementation of Ultimum Remedium Principle in Immigration Cases Bahari, Alamsyah
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38134

Abstract

Global population mobility has an impact on legal aspects, especially in the case of immigration matters. Increased mobility of migration flows also has various impacts, not only positive but also negative impacts, for example changing the pattern of crime from domestic crime to transnational crime, from individual crime to group crime, from unorganized crime to organized (organized crime). Various administrative and criminal sanctions are applied to many immigration offenders. This paper examines in depth the application of the principle of ultimum remidium in criminal law for criminal acts of immigration in Indonesia. This study aims to find out and understand how the ultimum remedium principle is applied in Law Number 6 of 2011 concerning Immigration. In addition, this study also aims to find out and understand the factors that cause Immigration Officers to use Administrative Sanction Acts or Criminal sanctions in Law Number 6 of 2011 concerning Immigration, as well as to know and understand Immigration law enforcement practices in Law Number 6 of 2011 concerning Immigration in Indonesia. This research has confirmed and underlined that the application of administrative sanctions in the form of deportation and fines will complete the immigration legal process quickly, simply and at a modest cost and applying relatively high fines can benefit the country, hence the benchmarks for the principle of ultimum remedium can be applied in the Law Law No. 6 of 2011 concerning Immigration.
Legal Consequences of Official Appointment of Non-Government Civil Servants Head District Lainsamputty, Natanel
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38136

Abstract

The administration of the Negeri government in Salahutu Sub-district of Maluku District was in the middle of a government vacuum, so the provision of positions carried out in practice appointed the acting head of the Negeri government who was not a civil servant from the district / city environment. This issue is clearly in conflict with applicable laws and regulations. So this research aims to analyze the appointment of the acting head of the Negeri government that is not of civil servants and how the legal consequences. The concept of appointing an official to fill the government vacancy in the village or what is called by another name, is to carry out government functions related to public services and development, so that the civil servants are competent.
Legal Aid Institutions as a State Solution for the Poor in Getting Legal Protection Rochman, Auliya
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38147

Abstract

This study examines how the rules of the Legal Aid Institute in providing legal protection to the poor in Indonesia. As well as how the implementation of legal aid institutions in Indonesia in providing legal protection to the poor to examine the problem, the research methods used are; normative legal research methods with the statute approach, and the conceptual approach. The legal material collection technique used in this research is literature study. Research results confirm that poverty is one of the biggest problems in upholding human rights in obtaining legal assistance. The human rights approach is one of the basic principles of the government in serving people who are unable to overcome or provide legal protection in facing legal problems that are being faced either criminal, civil or state administration, so that the rights of the poor are not lost. Implementation of Providing Legal Aid is a law of social justice, where these values ​​include respecting the dignity and rights of individuals before the law, addressing the imbalance of power and legal injustice between the rich and the poor
Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38148

Abstract

Judicial corruption practices in Indonesia have been going on for long time. Even, according to the Transparency International survey (2007), the judiciary in Indonesia ranks the highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is a juricial-normative research which is using the statute approach and conceptual approach. From this research, it can be seen that, typically, corrupt practices have been initiated since the registration of the case, the establishment of the judges panel, summoning witnesses and experts, negotiating decisions and costs of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employers in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through a whistleblowing system. In this way, the public can monitor in real-time the trial process starting from registration litigation fees, the process of litigation until post-verification, officials and employers in the judiciary and the judges themselves.
Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption Lestari, Maryana; Adiyatma, Septhian Eka
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38171

Abstract

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society are legal countries. This research aims to analyze the discourse of class action lawsuit practices in Indonesian with comparing civil law system. The research also intended to illuminate the development civil law system practices in the context of class action practices. The research is doctrinal research with normative legal research. The research compared some legal theories concerning to class actions lawsuit in civil law system. The research highlighted and emphasized that the actions and deeds are led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovation that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. The research concluded that the class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law systems like Indonesia participate adopt this legal order.
How Legal Protection of Women in Home Workers Improving Family Welfare? Sulistianingsih, Dewi; Prabowo, Muhammad Shidqon; Martitah, Martitah
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.40721

Abstract

Homeworkers are work that is done at home either on the basis of orders from others or doing on the basis of oneself. This type of work is referred to as informal workers, which is clearly difficult to obtain legal protection. Labor laws in Indonesia provide legal protection for both formal and informal workers, but the practice for informal workers is difficult to obtain legal protection. This program aims to describe and analyze the legal protections of women homeworkers in Semarang City in their efforts to make their families prosperous. This program uses socialization methods, interviews, observation and documentation. This program is conducted in the city of Semarang. The results of this program can be seen that the protection of homeworkers is still very minimal, especially for independent homeworkers. The implementation of statutory regulations has not been optimal, especially in manpower laws. The government is still not optimal in providing legal protection for informal workers, especially for homeworkers. Low wages, long working hours and the absence of health insurance are among the elements that homeworkers need to improve and increase in their efforts to make their families welfare. In the effort to achieve welfare for homeworkers' families, it is necessary to carry out supervision and guidance for homeworkers. Supervision and guidance can be carried out by the central government, local governments, non-governmental organizations, the academic community, observers of labor.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.42127

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.42290

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.45571

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v3i1.45597

Abstract

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.

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