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UNTAG Law Review
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 152 Documents
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Handling of Minors Who Commit Crimes Kholiq, Abdul; Kunarto, Kunarto
UNTAG Law Review Vol 9, No 2 (2025): UNTAG Law Review
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i2.6690

Abstract

The general definition of adolescents is our young people who are still considered children, for example, if we look at it from the perspective of the general understanding or stance of society, usually their ages are between 13 and 15 years (unmarried). And when viewed in terms of age, they may seem like adults, but in terms of behavior they actually still have a lot to learn, both through parental education and experiences in life. If we look at the contents of the Civil Code, Article 330 explains that those categorized as minors are those who are 21 years old and even then must have never been married. From other aspects such as religious and customary in general, those who are considered adults are those who have menstruated if a woman and if a man has ejaculated while unconscious, his voice changes to a high pitch. Meanwhile, in the Criminal Code in Article 45, it is regulated that those who are considered minors are those who are under 16 years old. The sheer number of differing opinions, as outlined above, demonstrates the importance of understanding the concept of children and adolescents. This is because it is closely related to the judicial process or the handling of crimes committed by these children and adolescents.
Comparative Analysis of the Crime of Cohabitation in the New Criminal Code and Islamic Criminal Law Saidah, Siti Nur; Mulyaningsih, Eli; Dillah, Muhammad Arya
UNTAG Law Review Vol 9, No 2 (2025): UNTAG Law Review
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i2.7085

Abstract

The amendment to the Criminal Code through Law Number 1 of 2023 includes cohabitation as a new criminal offense in Article 412, which was not previously regulated in the old Criminal Code. This criminalization emerged as an effort to align the law with the social, religious, and moral values of Indonesian society. This study uses a legal-normative method with a qualitative approach, is descriptive-analytical in nature, and uses secondary data through a literature review. In Islamic criminal law, cohabitation is considered an act that is close to adultery, as it violates the prohibition against committing such a vile act. Several opinions from scholars and studies state that cohabitation can be categorized as jarimah zina if sexual relations are proven, and is subject to hadd punishment; however, if not proven, the perpetrator can only be subject to ta'zir. The results of the analysis show that the regulation of cohabitation in the new Criminal Code is not yet fully in line with the principles of Islamic criminal law, especially in terms of evidence and types of punishment.
CONSUMER PROTECTION AGAINST THE CIRCULATION OF BEEF RAISED IN GARBAGE DISPOSAL PLACE Ristiadi, Endri; Mulyandono, Tri Andi; Andreanto, Aloysius; Erieyanto, Ruddy; Irawati, Arista Candra
UNTAG Law Review Vol 9, No 2 (2025): UNTAG Law Review
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i2.7103

Abstract

ABSTRACT This article examines consumer protection law regarding the circulation of unfit-for-consumption beef from the Jatibarang Final Disposal Site (TPSA) in Semarang City. The study employs normative and conceptual approaches, analyzing regulations on consumer protection, business responsibility, and law enforcement mechanisms. The findings indicate that although Indonesia has comprehensive regulations for beef distribution, field practices—including cattle grazing at TPSA—pose significant health risks due to heavy metal contamination, microplastics, and pathogens. Consumer protection encompasses the right to safe food, accurate information, and compensation in case of harm. The effectiveness of protection depends on consumer legal awareness, government supervision, and compliance by business actors. The study emphasizes the need for integrated regulation, public education, and consistent law enforcement to ensure food safety. Recommendations are provided for government authorities, law enforcement, academics, and the public to strengthen consumer protection systems and minimize health risks from hazardous food products.
The Death Penalty As A Conditional Sanction In Law Number 1 of 2023 Concerning The Criminal Code Intanan, Intanan; Jamaludin, Ahmad
UNTAG Law Review Vol 9, No 2 (2025): UNTAG Law Review
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v9i2.7139

Abstract

Abstract The death penalty is one of the most controversial forms of sanctions in the modern criminal system. Law No. 1 of 2023 concerning the Criminal Code (KUHP) introduces a new paradigm by placing the death penalty as a conditional sentence whose implementation can be postponed for ten years, and opens the possibility of conversion to life imprisonment. This study aims to comparatively analyze the concept of the death penalty in the 2023 Criminal Code, the old Criminal Code (colonial legacy), and Islamic criminal law. The method used is normative-comparative research through a review of laws and regulations, doctrines, and classical and contemporary Islamic legal sources. The results of the study show that the 2023 Criminal Code applies a humanistic-progressive approach by emphasizing opportunities for rehabilitation and evaluation of the convict's behavior, in contrast to the old Criminal Code which places the death penalty as an absolute sanction without a conditional postponement mechanism. Meanwhile, Islamic criminal law regulates the death penalty in certain contexts through the categories of hudud, qisash, and ta'zir, with the principles of restorative justice, forgiveness, and consideration of public interest. This comparison shows a meeting point between the new Criminal Code and Islamic criminal law in emphasizing the corrective aspect, proportionality, and the opportunity for forgiveness. This research is expected to contribute to the discourse of criminal law reform in Indonesia and strengthen a more humanistic and contextual approach to punishment with Indonesian values.
Legal Review of the Implementation of the 2024 Kunti Village Budget Based on the Village Law Andrik Eko Santoso; Suryadi .; Maria Yosepin Endah Listyowati
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7170

Abstract

This research aims to analyze the implementation of the Village Revenue and Expenditure Budget (APBDes) of Kunti Village for the year 2024 from the perspective of Law No. 6 of 2014 on Villages. The study focuses on two primary aspects: (1) the conformity of village budget planning with statutory regulations, and (2) the conformity of budget implementation in its on-the-ground execution. This study constitutes empirical juridical legal research that integrates a normative approach (statute approach) with a sociological approach to examine the extent to which village financial management regulations are implemented by the Kunti Village Government. Primary data were obtained through interviews with village officials, the Village Consultative Body (BPD), and community members, while secondary data were sourced from statutory documents, APBDes records, and related literature. This study constitutes empirical juridical legal research that integrates a normative approach (statute approach) with a sociological approach to examine the extent to which village financial management regulations are implemented by the Kunti Village Government. Primary data were obtained through interviews with village officials, the Village Consultative Body (BPD), and community members, while secondary data were sourced from statutory documents, APBDes records, and related literature. Based on these findings, this research concludes that the implementation of the APBDes of Kunti Village for 2024 has not fully adhered to the principles of transparency, accountability, participation, and legal compliance as mandated by Law No. 6 of 2014. Recommendations include enhancing the capacity of village apparatus, strengthening the role of the BPD, optimizing village deliberations, and applying public information disclosure through routine publication of the APBDes. This research is expected to serve as a reference for village governments and other stakeholders in improving village financial governance to realize effective, sustainable village development in accordance with the national legal framework.
The Role of The State in Regulating Access to Social Media for Children: A Legal and Human Rights Perspective Muhammad Musafak Musafak; Setiari Purnama Purnama; Ruslan Fauzi Fauzi; Muhammad Hasymil Fachrie; S. Muhammad Hafiizh
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The rapid advancement of digital technology and the high rate of social media use among children have raised significant concerns regarding online risks, including exposure to harmful content, digital exploitation, and psychological development disorders. This study examines the role of the state in regulating children's access to social media from legal and human rights perspectives. Employing a normative juridical method with a statutory and conceptual approach, this research analyses national and international regulatory frameworks governing child protection in digital spaces. The study evaluates the extent to which access restriction policies align with human rights principles, including the best interests of the child, proportionality, and non-discrimination. The findings reveal that regulating children's social media access requires a balanced approach between protection and the fulfilment of rights. The state must act not only as a regulator but also as a facilitator of digital education and a supervisor of platform operators. The study concludes that adaptive, collaborative, and human rights-based policies are necessary to create a safe and child-friendly digital ecosystem. Recommendations include strengthening national legislation, enhancing digital literacy programmes, and promoting multi-stakeholder cooperation among government agencies, technology platforms, and families.
Legal Analysis of Criminal Liability of Directors and Commissioners in Corporate Crimes Tri Sandi; Zefri Ansari; Peter Valentino Munthe; Sumarno Sumarno; Suci Ramadani
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7155

Abstract

ABSTRACT This study examines the role of directors and commissioners in corporate crimes from the perspective of criminal liability based on developments in national criminal law. The enactment of Law Number 1 of 2023 concerning the Criminal Code brought about important changes because corporations are expressly recognized as subjects of criminal offenses as regulated in Article 45. Articles 46 through 49 expand the scope of perpetrators, the criteria for corporate crimes, and the parties who can be held accountable, including managers, those who give orders, those who control, and beneficial owners. This study uses a normative legal research method with both a statutory and conceptual approach. The results indicate that directors hold a strategic position in corporate crimes because they carry out the functions of managing, making decisions, and controlling the company's operations. Meanwhile, commissioners have a supervisory and advisory function to directors, so they can be held accountable if there is negligence, approval, serious negligence, or factual control over criminal acts committed by corporations. From a criminal law perspective, the accountability of directors and commissioners cannot be based solely on formal positions, but must be proven through the relationship between authority, errors, actions, corporate profits, corporate policies, and failure to implement preventative measures and comply with the law. This research confirms that the theories of identification, vicarious liability, organizational culpability, and piercing the corporate veil can be used to understand the human involvement behind corporations. Therefore, corporate criminal liability must be balanced, namely by not allowing corporations to become a shield for crime, but also by not criminalizing directors and commissioners without a clear basis for culpability.
The Relevance of the Death Penalty for Drug Dealers as an Extraordinary Crime in Indonesia Adelia Gadis Sitta Lorena; Michael Gondowidjaja
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7084

Abstract

Narcotics crimes are categorized as extraordinary crimes due to their extensive impact on public health, social stability, and national resilience. Within the structure of illicit drug trafficking, drug kingpins occupy a central position as network controllers and primary beneficiaries of illegal profits. Indonesian positive law, partyculary Law Number 35 of 2009on Narcotics, still provides for the death penalty for certain narcotics offenses. This study aims to analyze the regulation of the death penalty for drug kingpins under Indonesian law, examine its relevance from criminological and human rights perspectives, and formulate proportional criteria for its application. This research employs a normative juridical method with statutory and conceptual approaches, analyzed qualitatively. The finfings indicate that, from a criminological perspective, drug kingpins are principal actors in organized crime who act rationally and are profit oriented, thereby possessing a higher degree of culpability and social harm compared to users, who are generally victims of addiction. From a human rights standpoint, the death penalty may still be justified in a limited manner, provided that it complies with the principle of the most serious crimes, proportionality, and guarantees of due process of law. Therefore, the death penalty remains relevant as an ultimum remedium for large-scale drug kingpins, subject to strict and selective criteria in order to balance public protection and respect for human rights.
Transformation of Corporate Crime Regulations in the New Criminal Code Compared to the Old Criminal Code Edi Sutikno
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.7168

Abstract

The colonial legacy of the legal fiction doctrine of societas delinquere non potest has been proven to create systemic weaknesses that isolate corporate entities from the jurisdiction of criminal liability. This study aims to analyze the comparative construction of corporate criminal liability between the old Criminal Code (WvS Stb. 1915 No. 732) and the national criminalization regime based on Law Number 1 of 2023. The methodological search relies purely on normative legal research that applies legislative, conceptual, and comparative approaches through literature studies. The results of the analysis demonstrate a radical paradigm leap that definitively abandons the outdated individual liability orientation, moving to adopt direct corporate liability based on corporate fault theory. This latest codification is capable of destroying the immunity of white-collar criminal actors through instruments of proportional fines, asset confiscation, and even permanent dissolution of legal entities. The recognition of corporate compliance as a criterion for institutional forgiveness also marks a crucial transition towards business governance with integrity. This article recommends that law enforcement officials immediately modernize forensic accounting-based investigative tactics to ensnare complex economic crimes without distorting the stability of the business climate.
STRENGTHENING PRODUCTIVE WAQF THROUGH ARTIFICIAL INTELLIGENCE: STRATEGIES IN SHARIA ECONOMIC LAW AND THE ROLE OF THE STATE IN REALIZING COMMUNITY WELFARE Johan Erwin Isharyanto; Muawafah Muawafah
UNTAG Law Review Vol 10, No 1 (2026): Legal Review of the Authority of State Attorneys in State Administrative Cases
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/ulrev.v10i1.6939

Abstract

Page 15 of 16 | Total Record : 152

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