UNTAG Law Review
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
Articles
140 Documents
<![CDATA[MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT ]]>
<![CDATA[Erma Rusdiana]]>
<![CDATA[ UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i1.720
<![CDATA[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]]>
<![CDATA[ETHIC CYBER STRENGTHENING ASCRIMINAL LAW POLICY FORMULATIONS IN RESPONSE CYBERPORN ]]>
<![CDATA[Hervina Puspitosari]]>;
<![CDATA[Ashinta Sekar Bidari]]>
<![CDATA[ UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i2.594
<![CDATA[Cyber Porn is an act of using cyberspace to create, display, distribute, publish pornography and obscene material. Cyberspace with technology that carries pornography, so that pornography provides more feature-rich form of pornography, pornografipun experienced media translation and making pornography created with multi features. The lack of regulations on the provision of criminal sanctions for internet access service providers (ISP /Internet Service Provider)are not filtering out pornographic content so that they can be accessed internet users. Cyber ethics required for casting activity that is passed by internet users. Ideal criminal Legal policy of studies necessary legal substance of law reforms in the fight against cyberporn.]]>
<![CDATA[LEGAL TRANSPLANTATION, REFORMATION MOVEMENT, AND MODEL FOR JUDGE MADE LAW IN INDONESIA ]]>
<![CDATA[Ade Saptomo]]>
<![CDATA[ UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i1.520
<![CDATA[Before reformation, there are as many as 38 articles of Code Penal of Indonesia repealed by acts. After reformation movement 1998, Indonesian statelegal policy has been changed by many approaches, for instance, from centralization to decentralization, top down to bottom up approach, etic to emic perspective. The main legal research question: why did the legal policy change? What's the legal implication? Which articles of Code Penal have been repealed after changing such approach? To answer it, social legal research has been done. Theoretically, the good law is not separated from its social norms and culture norms where it's existence. In the sense of public law, good public law must accommodate to the social norms and culture norms as recommended by Friedman's concept that law (judicial decision) as product of system (legal substance, legal structure, legal culture). Legal culture itself means Indonesian-social and cultural forces. The results of research is below: (1) not all legal transplantation can't be retained but must be repealed in accordance with Indonesian social-cultural character; (2) to make the good legal substance, judge made law should accommodate social and cultural forces; (3) after new approach, there are 2 (two) articles of Code Penal repealed by and 15articles of Code Penal appealed to Constitutional Court Decision. Its recommendation, in the decision making process, law should accommodate the Indonesian social and cultural forces.]]>
<![CDATA[LEGAL RECONSTRUCTION OF PUBLIC HEALTH SERVICE PROGRAMS ON TELEVISION BROADCASTING INSTITUTIONS ]]>
<![CDATA[Riyanto, Mochamad]]>
<![CDATA[ UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v3i1.1061
<![CDATA[<div style=’text-align:center;’>The writing of this paper analyzes the legal position contained in the Law relating to public health broadcast programs. Further review of the legal aspects of public health broadcast programs that researchers do are not limited to understanding the legal construction that applies in the positivism perspective, but researchers conduct legal reconstruction of public health broadcast programs on television broadcasting institutions with a post-positivism perspective approach namely conceptualizing the law as a set of rules of enactment are influenced by economic, political and social cultural factors. Then there is a need for regulative efforts in the context of the spectrum of balancing laws relating to market regulation and state regulation. The results of the discussion found the following conclusions: First, there was no harmonization in the legal spectrum relating to public health service broadcast programs on television which were dominated in the form of promotions, commercial advertisements, and publications relating to drugs. Second, the laws and regulations governing public health service broadcast programs in broadcasting institutions have not encouraged strong public awareness about the highest degree of health. Third, the public health service broadcast program has a social impact on the interests of the community that is in the form of community self-awareness but also has an economic impact especially for the drug industry and hospitals. However in regulative, it has not provided a framework for social and economic impacts. </div>]]>
<![CDATA[PREVENTION AND ERADICATION OF DRUG TRAFFICKING IN INDONESIA ]]>
<![CDATA[Endeh Suhartini]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[Ani Yumarni]]>
<![CDATA[ UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i2.918
<![CDATA[Many countries including Indonesia have concerned about the increase of drug trafficking. Currently Indonesia has been in the situation where there is an “Emergency on Drugs Trafficking”. Lot of efforts to solve and prevent the growth of drug trafficking has been done to save young generation. Criminal Acts on Drugs which have been spread out need to be cut off because the drug trafficking has happened nationally and even has crossed international boundaries.The Aims of this research are to identify and analyses necessary actions to prevent and solve the drug trafficking. Then, to find an ultimate solution in handling arising obstacles within such prevention and eradication of drug trafficking in Indonesia.This research uses a juridical normative approach method which reviews theories, concepts, legal principals, and prevailing rules and regulations. Moreover, it also applies an empirical approach as supporting study to gain more factual data.In conclusion, illegal drug trafficking has become both national and international social issue and even a legal issue in society. Certain legal actions are required to take to prevent and solve the drug trafficking in Indonesia, which one of them is by rules and regulations. Law Number 35 of 2009 regarding Drugs is a legal basis for the prevention and eradication of drug trafficking in Indonesia.The research limitation is focus on increasing and preventing drugs should be supported by all parties of the family, community and government.Drugs is an international and national case that is difficult to overcome considering their networks are hidden and require special skills where necessary national and international cooperation so that drug circulation can be overcome quickly]]>
<![CDATA[IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY IN SEMARANG CITY ]]>
<![CDATA[Sigit Irianto]]>
<![CDATA[ UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i2.600
<![CDATA[Research of social responsibility of companies in the city of Semarang is a research about the activities of the company as a partner of the Government and people in building the environment and the society. Implementation of corporate social responsibility attached to the values of the local wisdom. Article 74 of Act Number 40 of 2007 about Limited Liability Company and Government Regulation Number 47 Year 2012 about Social and Environmental Responsibility of Limited Liability Company has been set up corporate social responsibility as a part of the company's activities. The substance of corporate social responsibility is not only in the aspect of physical development, but also the empowerment of local communities. Semarang City Government has been managing corporate social responsibility with the funding through Gardu Kempling Program; this program isan Integrated Movement in Health, Economics, Education, Infrastructure, and Environment. Management of corporate social responsibility is used mostly to assist poverty reduction programs. The process of implementation of corporate social responsibility is accepted by the Semarang Regional Secretariat Cooperation Section. The company's understanding of the basis for the laws governing corporate social responsibility, most informants do not know the exact rules and regulations of governing the provision of corporate social responsibility. The focus of corporate social responsibility is to improve the quality of life until it finally emerged establishment communities to address social problems.]]>
<![CDATA[IMPLEMENTATION OF PRODUCT STANDARDIZATION POLICY SMALL AND MEDIUM INDUSTRY (IKM) IN WOOD PROCESSING RESULTS ]]>
<![CDATA[Wijaya Wijaya]]>;
<![CDATA[Sri Mulyani]]>;
<![CDATA[Emiliana Emiliana]]>
<![CDATA[ UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i1.525
<![CDATA[The policy of the Minister of Trade which stipulates Ministerial Regulation No. 97 / M-DAG / PER / 12/2014 on the provisions on the export of forestry industry products implements the obligation to apply product standardization with SVLK (Timber Legality Verification System) to processed wood products from January 1, 2015. SVLK requirements for Small and Medium Enterprises (IKM), especially wood furniture and handicraft industries, are simplified in the form of self declaration as set forth in the document "Export Declaration." However, the Export Declaration Policy set by the government as an alternative for furniture business actors who do not have SVLK does not apply in European market and Australia. The results of research in Central Java Province found the furniture industry as a superior product, the number of SMEs that canceled its export contract causing the loss by stopping furniture exports even though this effort is done by the government in order to improve competitiveness.]]>
<![CDATA[EXISTENCE OF TERAPEUTIC AGREEMENTS AS BASICS OF RELATIONSHIP DOCTORS AND PATIENTS IN HEALTH SERVICES ]]>
<![CDATA[Sarsintorini Putra]]>;
<![CDATA[Anggraeni Endah Kusumaningrum]]>
<![CDATA[ UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v3i1.1072
<![CDATA[This work aims to analyze the existence of a therapeutic agreement as the basis of the relationship between doctors and patients in health services. Health services originate from a relationship of trust between doctors and patients that develops into a therapeutic transaction or therapeutic agreement. The object of this therapeutic agreement, when viewed from medical science, can be specified in general in health services that can be started from promotive, preventive, curative, and rehabilitative efforts. Juridically, all medical action in the health service can be a legitimate object of law, but the form of the medical agreement must be clear whether the inspector is an agent (agreement on the effort) or result of the intervention (agreement on results). This is important in relation to the burden of proof in the event of a lawsuit.]]>
<![CDATA[ANALYSIS OF RASIOLEGIS OF HONORS AGAINST ETHICS ENFORCEMENT ADVOCATE PROFESSION ]]>
<![CDATA[Dr Agus Pramono]]>
<![CDATA[ UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i2.924
<![CDATA[This paper aims to analyze the legal counselors' advocacy against the enforcement of advocate professional ethics. An advocate Honorary Board as aninstitution formed by a functioning Advocate Organization and authorized to oversee the implementation of the Advocate's code of ethics. This is so that every advocate as a profession holder remains in professional values, is responsible and upholds the profession he holds, considering that the Advocate's status as Law Enforcement is one of the instruments in the judicial process which has an equal position with other Law Enforcement. This study uses a normative juridical approach, and secondary data as the main data supported by primary data. The secondary data in the form of primary, secondary and tertiary legal materials are analyzed qualitatively. Based on the analysis revealed that in Law No. 13 of 2003 concerning Advocates, stated that Peradi was the sole forum for advocacy organizations but with the presence of KAI coupled with divisions in Peradi's body which finally issued a Circular Letter of the Supreme Court of the Republic of Indonesia No. 73 KMA / HK.01 / IX / 2015 the application or xecution of decisions against violations of the code of ethics by advocates is difficult to implement.]]>
<![CDATA[TOWARDS HARMONIZATION FROM DISPUTE RELATIONSHIP BETWEEN WORKERS AND ENTERPRISES THROUGH CASE INSPECTIONS IN THE FAST INDUSTRIAL RELATIONSHIP, FAIR AND CHEAP ]]>
<![CDATA[Hono Sejati]]>
<![CDATA[ UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i1.721
<![CDATA[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]]>
