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UNTAG Law Review

ulrev
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Published by Universitas 17 Agustus 1945 Semarang

ISSN : 25795279 EISSN : 25494910 DOI : https://dx.doi.org/10.56444/ulrev

Core Subject : Humanities, Social,

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

UNTAG LAW REVIEW, is a peer-review journal published by FACULTY OF LAW UNTAG SEMARANG, UNTAG LAW REVIEW is published twice a year in May and November. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater global knowledge exchange within the scope of the legal field. This journal aims to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics in the fields of Criminal Law, Civil Law, State Administration Law, Health Law, State Administrative Law as well as the broad field of legal studies

Arjuna Subject : Ilmu Sosial - Hukum

Articles 8 Documents

Search results for , issue "Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)" : 8 Documents clear

SPATIAL POLICY DILEMMA: ENVIRONMENTAL SUSTAINABILITY AND ECONOMIC GROWTH Haris Budiman; Eman Suparman; Anis Mashdurohatun
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The regulation of spatial planning aims to meet the demands of the built-area and preserve the environment for sustainable urban development. Yet, the implementation of spatial planning for welfare and environmental sustainability faces various problems such as conflicts between sectors and regions. Similarly, the efforts to improve welfare through economic growth lead to land conversion that has an impact on environmental demage and land conflicts. The purpose of this study is to analyzethe factors inhibiting local governments in implementing the spatial planning. This research belongs to qualitative research with Socio Legal approach. The informants and respondents were chosen by applying purposive sampling technique, while the data validation used triangulation. The results showed that local governments have difficulties in implementing environmental-based spatial planning as well as increasing economic growth, especially for regions with small local revenues. Limited resources, inconsistenct policy, and weak regulation arrangements have become inhibiting factors in meeting the demands of environmental-based spatial planning and increasing economic growth. Therefore, commitment from local government is needed to solve the problem by increasing the capacity of government apparatus, enforcing the rules, and reconstructing the fair and prosperous spatial policy.

CRIMINAL POLICIES BASED ON RELIGIOUS VALUES IN TACKLING CYBER ADULTERY Any Ismayawati
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Research on crime-based policies of religious values in tackling cyber adultery aims to determine whether cyber adultery can be used as criminal tyindak as well as to know what basis can be used to criminalize cyber adultery. For this research to achieve the desired result, this research uses qualitative research tradition, with constructivism paradigm, with socio legal approach and data analysis using hermeneutic approach method, phenomenology, comparison and policy. The results show that cyber adultery has become a very disturbing problem for society, because the impact of adultery causes disharmony of household, divorce and even moral degradation of the nation. Cyber adultery poses various problems in society, but there is no rule / law that specifically prohibits cyber adultery so difficult to overcome. Based on the results of the research can be concluded that cyber adultery can be made criminal act because it is not in accordance with the collective values embraced by the Indonesian nation and Causes losses matriil and morale for the nation of Indonesia. The foundation that can be used to make cyber adultery as a crime is the religious values that exist in Indonesia

RECONSTRUCTION OF THE LEGALITY PRINCIPLE IN PENAL LAW ENFORCEMENT FOR THE REALIZATION OF JUSTICE Iskandar Wibawa
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The legality principle is an important principle in the enforcement of penal law in addition to the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP) than the other principle that is culpability principle. So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as “lex scripta”, “lex stricta” and “lex certa” and also the unformulated culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but materially by regarding the living law referred to Pancasila as a groundnorm and constitution of the UUD 1945, the legality principle is not interpreted as a certainty of law but interpreted as the principle of legal certainty. The law is not only interpreted as a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice.In law enforcement “in abstracto” implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38). Based “in abstracto” law enforcement is expected to be implemented “in inconcreto” law enforcement so as to realize court decision in accordance with the sense of community justice.

DEFENSIVE MEDICINE AS A RESULT OF MEDICAL NEGLIGENCE : A BRIEF OVERVIEW Rozlinda Mohamed Fadzil; Asma Hakimah Abd Halim; Ain Alya Ariffin
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Medical negligence is a topic in tort law which has been widely discussed as good, affordable healthcare, is greatly related to a nation’s proof of its valiant efforts to attain a developed nation from a developing status by providing state of the art health care available and affordable, to all levels of society. As a penalty in medical negligence, damages are met out to punish errant members of the medical fraternity by way of legal judgements in a court of law. In some circumstances members of the medical fraternity may also have their medical licenses suspended or revoked. Annually, medical negligence’s claim rates are inherently high and are expected to rise in tandem with patients’ awareness of their medical rights. Complication arises when the plaintiff in a medical negligence law suit face difficulties in trying to prove that the negligence really did occur. In obtaining access to medical records after a purported civil malpractice accusation, obstruction of justice is rife. They arise when blurred lines cross between obligation of doctor-patient confidentiality and the need to disclose patient’s medical records in order to securely obtain accurate sworn testimony of other medical practitioners. It is on the shoulders of the plaintiff, which in most medical malpractice law suits, rests on the patient (patients to the defendant doctors), to prove on a balance of probabilities that the breach of the duty of care did occur and from that breach, negligence had emerged, bringing about the claimed harm resulting in inherent damages suffered. High cost of litigation is also a common effect in medical malpractice law suits. This inevitably raises the insurance premium costs of all medical professionals, in general. These factors serve as impediments towards the plaintiff in obtaining justice. Hence, this paper will try to analyse the causes that has led to some of these problems. Also what will be the undesired effect caused by the difficulties in trying to prove that a medical malpractice has indeed occurred? The initial hypothesis to the matter is that it will cause negative effects to the livelihood of a patient’s life and seriously hider access to medical care. This paper will however only be focusing on one popular but ill-favouredeffect that is greatly deliberated on when medical negligence is discussed, which is defensive medicine. Defensive medicine is actually a reaction culminating from the fear of medical malpractice lawsuits by medical practitioners. Fear of facing or being taken action upon, has caused them to take necessary safe steps which is to practice defensive medicine to avoid such risk.

LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OVER TRADITIONAL KNOWLEDGE ACQUISITION AGAINST ECONOMIC BENEFITS Karlina Sofyarto
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Traditional knowledge is the result of innovation and creation of human beings both in terms of knowledge, art, and literature. Traditional knowledge can be utilized economically for the betterment and prosperity of society. The research method used is descriptive analytical with Juridical normative specification. Indonesia's Efforts in protecting intellectual property on traditional knowledge in Indonesia is the Indonesian government is preparing the Draft Law on Traditional Knowledge and Traditional Cultural Expression. Other Efforts that can be done is through the way of inventory or documentation of traditional knowledge in a region and can be done by publishing the traditional knowledge as Widely as possible. The underlying factors of traditional knowledge have not been optimally utilized as economic resources namely the lack of public knowledge about the protection of traditional knowledge and the cost of producing intellectual property is high enough

THE MODEL OF OUTSOURCING WORK RELATIONSHIP IN GLOBALIZATION ERA OF LABOR MARKET BASED ON PANCASILA Mashari Mashari
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The outsourcing relationship model in the globalization of the labor market based on Pancasila is still reaping controversy among workers and employers. The issue of outsourcing employment relationships in the globalization era of the labor market is a common need among workers, employers and governments. In the implementation of this outsourced employment relationships lead to inconsistency in the element of the employment relationship itself, because workers get orders from employers, whereas employment agreements are made between workers and the Worker Service Company. This inconsistency leads to industrial disputes between outsourced workers and employers. The concept of outsourcing work relations in the era of labor market globalization is a product of liberalism adopted by the Indonesian people when entrepreneurs feel overwhelmed by high labor costs and obliges to provide severance pay, rewards of employment and compensation as regulated in Law Number 13 2003. The implementation of work relations between workers, employers and the government must be in accordance with the souls contained in the precepts of Pancasila, meaning that all forms of behavior of all subjects involved in the process must be based on the noble values of Pancasila as a whole. Outsourcing employment relationship model in the era of labor market globalization based on Pancasila has not run as expected, there are still many problems in the unfinished work of outsourcing industry. The outsourcing work relationship based on Pancasila should make employers and workers no longer across but have the same goal to achieve profit.

MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT Erma Rusdiana
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal mediation. Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

TOWARDS HARMONIZATION FROM DISPUTE RELATIONSHIP BETWEEN WORKERS AND ENTERPRISES THROUGH CASE INSPECTIONS IN THE FAST INDUSTRIAL RELATIONSHIP, FAIR AND CHEAP Hono Sejati
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The problems studied in this research are (1) Why is the examination of PHI case not yet fast, fair and cheap? (2) What are the obstacles in the examination of cases in the IRC that have not been fast, fair and cheap? (3) How is the examination of the case in PHI based on the value of fast, fair and cheap? The research method used sociological juridical approach. Technique of collecting data by interview, observation, and documentation. The results of the study concluded (1) The examination of the case in the IRC has not been fast, fair and cheap due mainly to differences in perception of Lawmakers with the parties. (2) Obstacles to the examination of a PHI case are: filing a lawsuit, longer invitation because the defendant's residence is outside the legal area of the IRC, the defendant has died, the company is not operational, the lack of control of the union administrator, (3) in PHI based on the value of fast, fair and cheap is by consensus consensus

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Anggraeni Endah Kusumaningrum

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anggraeniwijayanto@yahoo.com

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untagsmglawreview@gmail.com

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Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location
Kota semarang,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Anggraeni Endah Kusumaningrum

Contact Email anggraeniwijayanto@yahoo.com

Phone +62248446280

Journal Mail Official untagsmglawreview@gmail.com

Editorial Address Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Anggraeni Endah Kusumaningrum

Contact Email
anggraeniwijayanto@yahoo.com

Phone
+62248446280

Journal Mail Official
untagsmglawreview@gmail.com

Editorial Address
Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location
Kota semarang,

Jawa tengah

INDONESIA