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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 140 Documents

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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.

CRIME OF ABORTION STUDY IN INDONESIA Frans Simangunsong
UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves perpetrators and the community at large. In terms of positive law in Indonesia, there is still debate and opposition from the pros and cons about the perception or understanding of the laws that exist to this day. Neither of Health Law, the Law on medical practice, The Criminal Code (Penal Code), Law on the elimination of domestic violence (domestic violence), and the Law on Human Rights (HAM). Normative legal research(normative law research) using the product in the form of case studies of normative legal behavior. Factors that led to the crime of abortion is rampant in Indonesia, partly because the sex education curriculum(sex education)in schools has been less effective in tackling promiscuity among teenagers. Therefore, the role of parents is very important in instilling moral values, ethics, law and religion. Sexual promiscuity among teenagers Indonesia today is alarming. Efforts to tackle the crime of abortion in the study of law in Indonesia. As for things - things that must be done by governments, institutions, communities and families in tackling illegal abortions are: Government: Providing spectacle qualified educate and prohibit the spectacle that does not make sense and did not educate as patron wearing tight uniform, Soon follow-up of cases - cases of illegal abortion and impose penalties sufficient to deter; Society: Society as a social institution should be more sensitive control and participate on everything that exists within its territory, reinforcing the social control in society

THE ROLE OF THE COMMUNITY AND THE QUALITY OF VILLAGE REGULATIONS Novia Ayu Permatasari; Adhitya Widya Kartika
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Society is one of the elements in the formation of legal products by the government so that the legal products that are formed do not cause harm to one or both parties. Formation of legal products or laws and regulations in order to meet legal objectives (for example justice, expediency, and legal certainty), it is also necessary that a legal product is made by an authorized official or government which by law is given the authority to form regulations laws or legal products. This is important because it relates to the relief of a legal product or the needs and issues of village law between one village and another because of the different environmental and community conditions between one village and another. Community participation in the formation of village regulations is important because the community knows about legal issues in the community, so it is important when establishing laws and regulations, especially villageregulations to find out the aspirations of the village community concerned. In addition, public legal awareness is important in the context of enactment to achieve the goals of what is the goal of a legal product that is made. The method used is a normative juridical approach to the legislation and the doctrine of law and using qualitative analysis.

PRE-NUPTIAL AGREEMENT AFTER THE ENACTMENT OF DECREE BY CONSTITUTIONAL COURT OF INDONESIA NUMBER: 69 / PUU-XIII / 2015 TO THE THIRD PARTY Liliana Tedjosaputro
UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Pre-nuptial agreement which was originally provided in Article 119 of the Civil Code and Article 29 of Act Number 1 of 1974 may only be made upon or before the marriage is conducted. As for foreigners who conduct mixed marriage with Indonesian Citizen, without having pre-nuptial agreement before marriage is conducted or upon the marriage is conducted, the joint property in marriage shall be deemed as foreign property and in accordance with the Basic Agrarian Law, land and building which is registered under the name of Indonesian citizen who conduct mixed marriage with foreigners, which is not transferred after one year will become state property. Afterwards the Constitutional Court issued Decree Number : 69/PUUXIII/2015 which grants permission that pre-nuptial agreement may be made after the marriage is conducted. Can after marriage pre-nuptial agreement be applied retroactively without harming the third party? Pre-nuptial agreement may be made after the marriage is conducted if it's implementation does not harm the third party. Because after the pre-nuptial agreement is made the conjugal property is no longer joint property. The husband and wife property's title shall become their own property title respectively. Thus, Indonesian citizen property shall remain Indonesian citizen property, foreign citizen property shall remain foreign citizen property in mixed marriage. Land which is owned by Indonesian citizen may still be owned by Indonesian citizens because there is no joint ownership of property by foreigncitizen.

RECONSTRUCTION OF LEGAL CULTURE OF POLITICAL PARTY IN RECRUITMEN OF LEGISLATIVE MEMBERS WITH GENDER EQUALITY Baharudin Baharudin
UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The legal culture of political parties in the recruitment of legislativecandidates with gender law in Bandar Lampung City is based on a "legal culture" to reveal the legal culture of political parties in the recruitment of legislative candidates with gender equality. The problem: What is the legal culture of political parties in the recruitment of legislative policies that have gender justice, namely the recruitment of legislative candidates not yet gender justice. How to build an ideal community culture in recruiting legislative candidates with gender equality. This study uses the constructivism paradigm, the socio-legal research approach, which is analyzed by Struss and Corbin models. The round of this study: 1. Political parties appear in recruitment and legislative legislation has not yet been adopted in the legal culture, because it still separates women's rights. 2. The legal culture of political parties in the recruitment of legislative candidates has no gender, which is caused by the factors of political parties participating in the election that are still recruiting and in accordance with patriarchal ideology, 3. The ideal legal construction of political parties in recruiting legislative candidates with gender equality, namely recruiting legislative candidates must be fair, not separate women's political rights to be nominated or appointed aslegislative candidates in general elections, fulfill legal requirements, not only fulfill 30% representation of women, must be prepared through cadres, education and training, have become members of a political party of at least 6 months to 1 year, noble, loyal, dedicated, and loyal to Pancasila and the 1945 Constitution of the Republic of Indonesia.

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.

IMPLICATIONS SOCIO-JURIDICAL CRIMINAL CHARGES RELATED TO ALLEGED MALPRACTICE MEDICAL DOCTOR Muh Endriyo Susila; Dirwan Suryo Soularto
UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The lack of legislation governing medical malpractice issue has placed doctors in Indonesia in vulnerable position. They may easily be exposed to the criminal litigation when medical treatment goes wrong. Negligence which results in injury or death amounts to criminal prosecution according to the existing law as it can be seen in Dr. Ayu's case. The infliction of criminal punishment upon three obstetricians in the late 2013 (in Dr. Ayu's case) was both controversial and phenomenal. It has stimulated the national action of strike among doctors and skepticism about law and its enforcement in Indonesia. Trembling with fear of criminal prosecution may encourage doctors in Indonesia to practice defensive medicine. This paper will make analyses on the implication of the criminal prosecution of doctors from socio-juridical perspective.

DISPUTE SETTLEMENT BETWEEN INDONESIA AND SOUTH KOREA (Allegations of Dumping Practice by Indonesia on Paper Products) Raditya Permana; Maya Ruhtiani
UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

This research entitled Dispute Settlement Between Indonesia and South Korea (Allegation of Dumping Practice by Indonesia on Paper Product) aims to analyze the dispute settlement between Indonesia and South Korea on the allegations of dumping practice. The research method is Juridical Normative. Indonesia is one of the WTO members which have ratified the Agreement Establishing the WTO by Law Number 7 in 1994. It means that Indonesia is a subject to the provisions of the WTO including the provisions on anti-dumping disputes. On 30 September 2002, Indonesia and South Korea were involved in the import duty case of anti-dumping paper products. It was occurred when a South Korean paper industry proposed anti-dumping petitions against Indonesian paper products to the Korean Trade Commission (KTC). The Indonesian paper products are charged with dumping including 16 products which belong to the group of uncoated paper and paper board used for writing, printing, or other graphic purpose and carbon paper, self-copy paper and other copying.

LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE Bing Yusuf
UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

DEMOCRACY "CHARACTER" LOCAL WISDOM BUILDING DEMOCRATIC POLITICAL AWARENESS OF CHARACTER “AKAL BUDI” AUTENTIK INDONESIA: A STUDY FROM EXPERIENCE OF GOVERNANCE SYSTEM OF REPUBLIC OF NAGARI IN WEST SUMATERA Wendra Yunaldi
UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Although democracy has become the icon of the world, democracy still has the potential to accommodate in itself the values that are of national locality. Thevalues then make democracy different from one country to another. There is a tendency to strengthen the role of the state by reducing the role of popular sovereignty, the development of democracy in the end tends to face the interests of the people themselves. Democracy is no longer a symbol of power politics in favor of the people.In order to maintain the consistency and content of morality or character in democracy, the values of indigenous peoples, such as Nagari which develops musyawarah, togetherness, control, supervision, togetherness, etc., have the potential to encourage the realization of an authentic and authentic Indonesian democratic system. Although institutionally, the development of institutional model of democracy has been good enough, but the institution or organization can not be separated from the substantial values that will lead and at the same time keep it running in the corridor of democracy.Because, the strong tendency of power tends to corrupt and abuse of power, then the values of morality that became the character of Indonesia should be affirmed in the democratic system adopted by the Indonesian nation today. Thus, the goal of realizing a politically just social life for all Indonesian people can be realized.

Page 2 of 14 | Total Record : 140

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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

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Abstract

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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