Unnes Law Journal
Unnes Law Journal (Unnes L.J.) is a double-blind peer-reviewed legal journal (ISSN Print 2252-6536 ISSN Online 2722-4503) publishes research and review papers concerning to Legal Studies. Unnes L.J. published biannually by the Faculty of Law, Universitas Negeri Semarang on April & October. Focus and Scope of Unnes L.J. are concerning (but are not limited to): Criminal Law, Private Law, Administrative Law, International Law, Procedure Law, Tax Law, Customary Law, Islamic Law, Environmental Law, State Administrative Law, Law Land, Insurance Law, Law and Human Rights, Politics of Law, Sociology of Law, Anthropology of Law, Philosophy of Law, Agrarian Law, Forestry Law, Law of the Seas, Ocean Law, Climate Change Law, Maritime Law, Diplomatic Law, Humanitarian Law, Special Criminal Law, Economic Law, Business Law, Consumer Protection Law, Intellectual Property Rights Law, Capital Market Law, Comparative Law, Regional Financial Law, Regional Autonomy Law, Sharia Economic Law, Health Law, Law and Society, Law and Forensics, Criminology, Victimology, Penitentiary Law, Law and Technology, Law and Gender Studies, and other related issues on Law in broader aspects (including Social, Economic, Politic, Security, Education, and Culture).
Articles
252 Documents
<![CDATA[The Evaluation of Early Marriage Law Renewal in Indonesia ]]>
<![CDATA[Ilahi, Andi Hidayat Anugrah]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.43000
<![CDATA[The study objective is to evaluate early marriage law reform implementation compared to the five regions with the highest Indonesian cases. This research is descriptive using a literature study. The data source consists of primary data consisting of laws. 16 of 2019 and the Decree Number 22 / PUU-XV / 2017 of the Constitutional Court and secondary legal sources from books, websites, journals, theses, and other sources of information that researchers can use can be justified. The data analysis method uses content analysis from its implementation in the form of regional regulations, programs, and other local government activities in implementing legal products regarding early marriage, which have a significant impact on Indonesian people" s structure of life, such as poverty, reduced educational opportunities, reproductive health hazards, risks. The findings from the research reveal that there have been many efforts by local governments in supporting legal reform which are manifested in institutional programs, working groups and community activities as efforts to mitigate and eliminate early marriage in Indonesia. However, these efforts have not been fully successful; it is necessary to enforce the article on the sanctions on the marriage law to strengthen the law.]]>
<![CDATA[Indonesia's Role in Combating Terrorism in Southeast Asia ]]>
<![CDATA[Mangku, Dewa Gede Sudika]]>;
<![CDATA[Yuliartini, Ni Putu Rai]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.43355
<![CDATA[Terrorism is not a new issue but is an increasingly important issue for ASEAN countries, including Indonesia. Indonesia's involvement in the fight against terrorism is not only to fulfill its obligations as part of the international community to jointly fight terrorism, but also to fulfill its national interests. Indonesia's foreign policy in handling this issue puts forward cooperation with other countries, especially in ASEAN. Where in this study aims to know more about Indonesia's role in combating terrorism in the Southeast Asian region and to better understand the obstacles faced by Indonesia in combating terrorism in the Southeast Asian region. To achieve these objectives, this study uses a type of normative research with descriptive qualitative research methods. The data collection technique was carried out using the library research technique. Where the data comes from books, articles, journals and other documents. The results of the research show that terrorism is a security problem and a cross-border problem so that cooperation between ASEAN countries is needed to eradicate terrorism in Southeast Asia through the ASEAN Convention on Counter Terrorism. Indonesia's role in eradicating terrorism by internal and external efforts carried out bilaterally and multilaterally. Given that terrorism is a transnational crime, in Indonesia's role in eradicating terrorism there are several obstacles and challenges. This challenge relates to the principles of consensus and non-intervention, domestic conflicts as well as differences in commitments and perceptions among ASEAN countries.]]>
<![CDATA[Considering the Existence of Academic Draft as the Political Instrument of Law Development ]]>
<![CDATA[Wiyanto, Herry]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.43440
<![CDATA[The direction of law development follows the nation’s ideas or goals, which is the formulation to achieve the state’s goal as contained in the Preamble of the 1945 Constitution of the Republic of Indonesia, which is to protect protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. This paper answers some problems, including How is the essence of academic draft in making laws and regulations in Indonesia, To what extent is academic draft’s contribution as an instrument of the national development and how is the ideal concept of academic draft as the instrument of instrument the national development. The essence of academic draft is the philosophical, sociological and juridical bases of a draft of law and regulation and the assessment and harmonization function and the existence of academic draft are designed as the “catalyst†of a product of legislation to be made so as not to be out of the appropriate principles. Academic draft’s contribution to the current national law development is felt lacking because of the newly required bill making process after 2011 through Law 12 Year 2011 concerning Formation of Laws and Regulations. Besides, academic draft is not yet capable of harmonizing and balancing every interest group in every bill discussion. In the ideal concept, the role of academic draft as the assessment and harmonization in every Bill is capable of preventing overlapping regulation or interest out of the law intervening Bill making for the regulation to remain in the real law corridor. It also needs regulatory arrangement by academic draft arranging team to maintain the objectivity.]]>
<![CDATA[Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine ]]>
<![CDATA[Bustomi, Yazid]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.44376
<![CDATA[In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the conflict between Law Number 6 of 2018 concerning Health Quarantine which states that vaccines are an obligation and Law Number 36 of 2009 concerning Health which states that vaccines are a right. This type of research is juridical normative using a statutory and conceptual approach. The results of this study indicate that Covid-19 is an emergency so that the principle of non-habet legem necessity applies, which means that in a state of legal emergency it does not apply, so that regulatory conflicts regarding Covid-19 vaccination do not become a problem, because the current government's efforts are the safety of the people. the highest law in an emergency, this is also in line with the salus populi suprema et lex principle. To ensure the safety of the people, the government is obliged to make efforts to vaccinate Covid-19 to restore the situation to its original state, this is in line with the principle of restutio in integrum. In its enforcement, sanctions are needed to make the community obey. However, several regulations have different norms regarding sanctions for those who do not comply and until now there have been no specific regulations from the center regarding the provision of the Covid-19 vaccine. As a conclusion, currently giving the Covid-19 vaccine is mandatory because it is an emergency, but the government also needs to make special regulations from the center regarding vaccine administration regulations so that there are no disparities between each of the regulations from the vaccine-giving regions.]]>
<![CDATA[Cyber Terrorism Criminal Acts in the Perspective of Transnational Organized Crime ]]>
<![CDATA[Andini, Okti Putri]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38804
<![CDATA[This research was conducted to explain the legal instrument governing Cyber terrorism from an organized transnational crime perspective as well as analyzing the modus operandi used by Cyber terrorism. This research is a normative legal research using a qualitative approach to finding data sources by studying all the laws and regulations concerned with Cyber terrorism. Because this research is a normative legal research then the data sources used in this research are secondary data sources. In collecting data, authors conduct literature studies and the validity of the obtained data is examined using triangulation techniques. Then the results are analyzed and presented using a descriptive analytical method. The results of this study found that there were several international conventions that could be used as legal instruments for Cyber terrorism. And based on the study by the authors modus operandi used by terrorists in committing Cyber terrorism very diverse namely through: hacking, propaganda, fraud, DDoS attacks and the spread of viruses, worms or malware. The outcome of the results are: although there is no legal instrument that governs Cyber terrorism but some of the relevant and existing international conventions can be used as Cyber terrorism law resource, and it can be noted that there are various of modus operandi used by terrorists in Cyber terrorism.]]>
<![CDATA[A Complexity on the Right of Building Disputes: Case Study of Apartment Land Rights on State Land in Jakarta ]]>
<![CDATA[Putra, Andi Muhammad Rizquillah Rodhi]]>;
<![CDATA[Utama, Muhamad Adji Rahardian]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.39425
<![CDATA[Hak atas bangunan merupakan suatu hak dimana diperuntukkan guna membangun dan memiliki harta milik atas tanah dimana bukan merupakan kepunyaannya dengan tenggang waktu selama 30 tahun, dimana atas dasar permintaan dari si pemegang hak atas mengikat kebutuhan dan keadaan pembangunan itu sendiri. Tenggang waktu selama 30 tahun dari pemilik atas hak dari bangunan dapat diperlama hingga tenggang waktunya selama maksimumnya 20 tahun. Munculnya hak atas bangunannya, termasuk karena, pertama bahwa hak untuk membangun tanah atas negara ini sendiri telah terjadi dengan keberadaannya keputusan atas pemberian haknya dari Kementerian Agraria atau juga pejabat yang telah ditunjuk, maka yang kedua bahwa hak untuk membangun hak untuk pengelolaan lahan yang telah berlaku dengan adanya suatu keputusan atas pemberian haknya dari kementerian Agraria atau pejabatnya itu sendiri yang telah ditunjuk dengan berdasarkan atas usulan pemilik atas hak tanahnya yaitu berupa sebuah akta yang resmi (PPAT).]]>
<![CDATA[Environmental Law and Mining Law in the Framework of State Administration Law ]]>
<![CDATA[Arsyiprameswari, Natasya]]>;
<![CDATA[Utama, Muhamad Adji Rahardian]]>;
<![CDATA[Wibowo, Seno Adhi]]>;
<![CDATA[Yuniar, Vania Shafira]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.39426
<![CDATA[Environment in Indonesia concerning land, water, and air in the territory of the Republic of Indonesia. All of these environmental media are the containers where we live, live and breathe. Healthy environmental Media, will give birth to the current generation of human beings and generations will come a healthy and dynamic. Industrial development, forest exploitation as well as busy and crowded traffic flows due to development that continues to evolve, providing side effects. These side effects result in the land we live in, the water we use for the life and the air we breathe. If the soil, water and air eventually can no longer provide a climate or condition that is feasible for us to use, the pollution or environmental damage has occurred.]]>
<![CDATA[How does the government reduce unemployment? Legal Policy Analysis of the Government's Role in Strengthening SMEs in Indonesia ]]>
<![CDATA[Rochman, Auliya]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v6i2.39435
<![CDATA[Micro, Small and Medium Enterprises (MSMEs) are proven to be the main movers in the real sector that have a direct effect on national economic growth, especially to reduce unemployment. This research is a normative research with a legal approach, historical approach, comparative and conceptual approach. There is a problem regarding the role of the government regarding MSMEs in reducing unemployment and increasing economic growth considering that the Indonesian State is currently only actively promoting the economic development sector. In Indonesia, a developing country that needs a lot of improvement in the economic sector, especially small and medium businesses. Through Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (MSMEs), the government hopes that through the role of MSMEs, the Indonesian economy will run well to increase job vacancies and reduce unemployment.]]>
<![CDATA[Neutrality of the State Civil Apparatus in the Democratic Party of Regional Head Election (Pilkada) ]]>
<![CDATA[Sulistyo, Al Qodar Purwo]]>;
<![CDATA[Santoso, Anas]]>;
<![CDATA[Usman, Usman]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.45025
<![CDATA[The General Election Commission of the Republic of Indonesia (KPU-RI) has determined 270 regencies / cities to hold simultaneous regional elections in 2020. With the agenda for the registration period of candidate pairs held from 4th September 2020 to 6th September 2020, and Campaign Period Stages to be held from 26th September 2020 to 5th December 2020. The direct implementation of Regional Head Election had brought changes to the culture of government at the regional level in terms of bureaucratic and political relations. The Election Hazard Index (IKP) noted that was in Regional Head Election in 2020. The neutrality problem of the State Civil Apparatus became the biggest problem, namely 167 regencies / cities out of 270 regions running the Regional Head Election (PILKADA) that was as the role of General Election Supervision (BAWASLU) Agency supervised the neutrality of the State Civil Apparatus, members of the Indonesian National Army, members of the Indonesian Police. The factors of the non-neutrality of the State Civil Apparatus were historical and socio-cultural factors, kinship relations, ambitions for career positions, ambiguous regulations (multiple interpretations), weak law enforcement, and low public awareness of legal culture. The government needed to review the Election Law regarding Civil Service Officers that minimized the occurrence of Corruption, Collusion and Nepotism in appointments and transfer of State Civil Apparatus (ASN) employees. Keywords: Neutrality; State Civil Apparatus; Regional Head Election]]>
<![CDATA[Federalism in Nigeria: Problems and Restructuring Option ]]>
<![CDATA[Ejumudo, Kelly Bryan Ovie]]>;
<![CDATA[Ikenga, Francis Ayegbunam]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.45574
<![CDATA[The study examined the problem of Nigeria’s federalism and the restructuring option. Three null hypotheses were formulated to guide the study and the study is quantitative research adopted the correlational design and four hundred academic staff from five Departments in the Faculty of social sciences all from the six sampled public Universities in the six geopolitical zones in Nigeria were sampled. The primary data that were used for the study was obtained from the federalism and restructuring option questionnaire and chi-square was used to analyze the data obtained. The finding of the study revealed that the inability of the Nigerian state to adopt the restructuring option as a panacea to the unending political and ethnic crises in the nation has a relationship with the poor generating capacity and dependency mentality of the federating units. The study lucidly showed that there is no significant relationship between the nature and character of the age-long North-South tendencies and federalism in Nigeria. The study equally revealed that there is a significant relationship between politics of marginalization, socio-economic development, and participatory/empowerment on federalism in Nigeria. The study recommended that to ensure the peaceful coexistence of Nigeria’s multi-ethnic nationalities, the Nigerian government at different levels, different stakeholders, and concerned bodies should go back to the drawing board and consider the creation of additional states and re-examine the sharing formula based largely on genuine need, derivation, and population. The study also recommended that for the federalism option to succeed in Nigeria, there in need for re-construction, re-formulation, genuine acceptance, and practicability of an appropriate federal arrangement that emphasizes self and national development as well as an equitable fiscal system that accommodates the true power relations and the expenditure and revenue realities of the respective component units in the Nigerian federation.]]>
