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Contact Name
Anggraeni Endah Kusumaningrum
Contact Email
anggraeniwijayanto@yahoo.com
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+62248446280
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untagsmglawreview@gmail.com
Editorial Address
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Kota semarang,
Jawa tengah
INDONESIA
UNTAG Law Review
ISSN : 25795279     EISSN : 25494910     DOI : https://dx.doi.org/10.56444/ulrev
Core Subject : Humanities, Social,
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
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (119.288 KB) | DOI: 10.36356/ulrev.v2i1.719

Abstract

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
A THREE-PILLAR SYNERGISM REINFORCEMENT MODEL IN JUDICIAL FUNCTION POLICY AT VILLAGE LEVEL Mukhlis Mukhlis; Safi Safi; Rina Yulianti
UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (119.606 KB) | DOI: 10.36356/ulrev.v1i2.593

Abstract

The poor people's difficult access to formal judicature system, in fact, has been a national problem, as indicated with previous studies. Although the largescale change of justice access has been made by government through a variety of policies such as justice program for everyone including poor people and marginalized group in Presidential Instruction Number 3 of 2010, mobile justice system, in fact, has not been able to give the way out. This study was a nondoctrinal/ socio legal research law taken place in Madura area. The objective of research was to formulate A Three-Pillar Synergism Reinforcement Model in Judicial Function Policy at Village Level as one of juridical instrument or legal basic argument for formulating and developing policy at village government. The result of research showed that in Madura area, considering inventorying and identification, the legal problem encountered by poor people in village included trading, inheritance, land, debt-loan disputes, drugs, domestic violence, murder, chicken fighting and different faiths. Law Number 6 of 2014 about Village Government, Article 28 obliges the Village Head to resolves a variety disputes occurring in village, it is also supported by Republic of Indonesia Police Head Regulation (Peraturan Kapolri) Number 7 of 2008 about Basic Guideline of People Policing Strategy and Implementation in Organizing Polri's Duty, and furthermore followed up with Telegram Letter of East Java Local Police Head Number: ST/38/I/2014/ DITBINMAS on January 2014 about the optimization of Pre-emptive activity by empowering the three pillars existing at village (bhabinkamtibmas, babinsa, and village head/lurah as well as society leader). Polri Institution's initiative to empower the community in Kamtibmas (society orderliness and security) field should be appreciated, as it will encourage the creation of justice access at village level cheaply, quickly, and simply. This three pillar legitimacy can be formulated in government policy model at village level with the reinforcement through Village Regulation.
CENTRALIZATION OF THE FORMING OF NATIONAL AND REGIONAL REGULATIONS, IS IT POSSIBLE? Rachmat Trijono
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (118.027 KB) | DOI: 10.36356/ulrev.v3i2.1330

Abstract

The forming of regulations in the executive domain is still carried out by institutions spread across various ministries and non-ministries.For this reason, it is necessary to do research of the centralization of the formation of national regulations and regional regulations. The aim of this research is describing centralization national and regional regulations forming. This research is descriptive analytical that aimed at expressing a problem or situation or event as it is so that it can reveal the actual facts. Data types that used in this study is secondary data and primary data. All data is analyzed by qualitative analysis method. The results of the study indicate that the establishment of a legislative ministry can unite the formation of national regulations and regional regulations so as to avoid overlaps and will formed harmonization of national regulations and regional regulations. This research further suggests to establishing ministry of legislation.
IMPLEMENTATION OF THE DEVELOPMENT PROGRAM THAT JUST AS THE PRO-POOR GOVERNMENT POLICIES Sri Suatmiati
UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (133.337 KB) | DOI: 10.36356/ulrev.v1i1.519

Abstract

In Several states, social security for citizens is place to protect marginalized groups in order to maintain access to public services are rudimentary, such as services to meet the needs from the perspective of political economy known as basic need. Public welfare provision in the state system includes services in the areas of basic education, health and housing are cheap and good quality, if Necessary, free as in Western Europe is a cluster of countries are quite intense in terms of the welfare state principles. Free education and health is a major concern in Western Europe to get subsidies. The Data agency (BPS) said that the Indonesian population in 2010 income Rp.27,0 million a year. There are poor people Whose population is 80 percent of the population only contributes about 20 percent of GDP. There are the wealthy once or people who enter the category earn more than 30,000 dollars a year, but there are Also people with disabilities living income or $ 2 dollars per day (730 dollars a year), the which are still 100 million people. It means there is a huge gap. The words fair, equitable, wellbeing and prosperity was growing dimmer and the faint sound. This condition shows how there is no equity in income Because there is no strong will to realize the vision for the welfare of society. Impossible Anti-poverty program run properly if the governance of the state and society is not yet fully base on the welfare state system. Anti-poverty programs intertwine with the application of individual taxation that is progressive. If taxation without concept, poverty reduction strategy with the government has not gone According to the terms of the welfare state that is pro-poor.
CHALLENGES OF THE INDONESIAN REPUBLIC GENERAL ELECTION COMMISSION (KPU RI) TO INCREASE VOTER PARTICIPATION Andina Elok Puri Maharani; Rizma Dwi Nidia
UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (27.323 KB) | DOI: 10.36356/ulrev.v3i1.1051

Abstract

This research examines problems that arise and become obstacles in the process of organizing general elections and the challenges of the General Election Commission (KPU) in increasing voter participation in general elections.The purpose of this study is to find out what obstacles arise in the implementation of the General Election related to the role of the KPU to increase public participation in general elections. This type of research is empirical research and the data used are primary data by conducting interviews with KPU commissioners accompanied by an analysis of secondary data in the form of legislation. The results of this study indicate that barriers that can interfere with the process of holding elections, arise from news hoaxes and some obstacles that are classified based on the group of voters. Every segment of society has different needs, so the method used to increase community participation is tailored to the needs of the community in each segment.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.176 KB) | DOI: 10.36356/ulrev.v2i1.725

Abstract

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.
DISTRIBUTION OF HERITAGE AND CULTURE IDDAH MINANG DIVORCE IN WHICH IMPLEMENTED IN THE LAW NUMBER 1 YEAR 1974 ON MARRIAGE Putri Maha Dewi
UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (103.589 KB) | DOI: 10.36356/ulrev.v1i2.599

Abstract

Divorce is the dissolution, which has been fostered by married couples caused by several things such as death and the decision of justice. In this case the divorce is seen as the end of an instability of marriage where married couples live apart and Seara then officially recognized by applicable law. In Act No. 1 1974, namely Article 11 (1) For a valid marriage that broke up the waiting period. (2) The period of time the waiting period of paragraph (1) shall be regulated further in a government regulation. In indigenous cultures also known'Iddah Minang, the waiting period for a woman whose divorce from her husband to be able to mate again, in order to know whether women are pregnant or not. If the woman was pregnant, then he is allowed to marry again after her son was born, when she was not pregnant, then she had to wait 4 months 10 days and if divorced because the husband dies or 3 times the holy of menstruation if life due to divorce. While traditional Minang cultural heritage division contrary to the division of inheritance according to Law No. 1 Year 1974 about marriage. In a culture known as the Minang traditional matrilineal system thus indirectly all the treasures bequeathed to the daughter. In Act No. 1 of 1974 on Marriage, inheritance is the joint property
DESIGN OF SPECIAL JUSTICE AGENCY ELECTION CHAIN IN INDONESIA Tri Susilo
UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (104.499 KB) | DOI: 10.36356/ulrev.v1i1.524

Abstract

Past-approval of government regulation in lieu of Law No.1 of 2014 concerning the election of governor, regent, and mayor (hereinafter called local election), In accordance with the decision of the Constitutional Court Number 97 /PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results. There is a new design in election mechanisms of regional hand. The law a quo stated that elections be held simultaneously at the national level. This design would require regulatory support, such as the establishment of as special court, solve any disputes that arise from the election. The problems emerge in this study is how the urgency of special court, how it compares to special court on election matters in various countries and how the relevance of the comparison can be applied in Indonesia. This was conducted using a legal-normative research. The research conclude unable to meet the demands for justice, for example, the court's decision are settled after the elections conducted and thick-layers on legal remedies so it is counterproductive to the election that have limited period of time. These legal remedies are even separated in several judicatures. Various countries have also established a special court on local elections with a variety of institutional design and procedural law. For Indonesia, the special court is ad hoc court, based on provincial and district or city and authorized to settle disputes concerning the local elections.
NATIONAL CYBERSECURITY POLICY IN THE U.S AND INDONESIA Anang Setiyawan
UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (146.824 KB) | DOI: 10.36356/ulrev.v3i1.1071

Abstract

Cyber attacks are a dangerous threat to a country that has a high dependence on communication and information technology. Cyber attacks can be used systematically to disrupt and dysfunction an infrastructure and network so that it can cause not only physical damage but also fatalities. Cyber attacks are complex and multidomain; consequently, they require comprehensive and targeted policies. Indonesia in the early stages of developing cyber policies, therefore it can learn from America in developing policies in dealing with cyber threats.
VIOLATIONS AND LAW ENFORCEMENT AGAINST MARK VIEWED FROM LAW NO. 20 OF 2016 CONCERNING MARK AND GEOGRAPHICAL INDICATIONS Bakti Trisnawati
UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (106.363 KB) | DOI: 10.36356/ulrev.v2i2.923

Abstract

Right on marks are a source of material wealth for their owners because they have economic value that can bring high profits. Marks in trade also have dualfunctions as competition tools and monopoly tools. Therefore, every mark owner needs to register his mark in order to get legal protection. Because in reality everyday there are many violations of the mark even though the mark has been registered, so the registered mark owner feels aggrieved. Violations due to people wanting to make a profit by cutting short the example of a registered and well-known mark, in addition to the Human Resources of the Directorate General of Intellectual Property itself also lacks control over the law on mark, so marks that should be rejected by many are approved. In addition, the Law Enforcement has indeed been implemented, but not maximal. This can be seen from the demands and fines of the Public Prosecutor and the Decision of the Panel of Judges is still very light

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