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[Controversial Criminal Punishment for Victim of the Spread of Immoral Chat ]]>
<![CDATA[Rachmadan Eka Cipta]]>;
<![CDATA[Ali Masyhar]]>
<![CDATA[ Unnes Law Journal 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.v7i1.38746
<![CDATA[The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values ​​underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.]]>
<![CDATA[The Authority of Government Officials in Delegating and Mandating ]]>
<![CDATA[Arifin Tumuhulawa]]>;
<![CDATA[Roy Marthen Moonti]]>
<![CDATA[ Unnes Law Journal 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.v7i1.38778
<![CDATA[Power sharing vertically in a unitary state has its consequence for the existence of the environment of both central and local governments. By the existence, another consequence appears which is the relationship between central government and local government in order to avoid the overlap of the authority implementation. One of the crucial aspects in democratic state of law (democratischerechtsstaat) is legality principle (legaliteitsbeginsel). It means that each legal action of the government should be based on the applicable laws and regulations or the authority given by the applicable regulations. The problem statements and the aims of this research are to find out the authority of the Government Officials in running the government affairs and to investigate the meaning of delegating and mandating conducted by the government officials. Authority is the formal power owned by administration boards and/or officials or other state administrators to act in public law report including some competences. The basic principles of authority are first, the administration officials act and make decision based on their authority; second, the authority to use should be accounted for and tested by both legal norm and legal principle. Delegation is defined as delegating authority from the higher board and/or government officials to the subordinates in which the responsibility and liability is switched completely to the delegates. Mandate does not contain the transfer of authority. It is only the mandator gives his/her authority to another person (mandatary) to make decision or take actions on his/her behalf.]]>
<![CDATA[Reviving the Sense of Deterrent Effects To Prisoners Inside Penal Institutions ]]>
<![CDATA[Muhammad Miftakhuddin Hanif]]>
<![CDATA[ Unnes Law Journal Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i2.38780
<![CDATA[Prison sentence is a form of punishment which until now is one of the favorite punishments implemented and applied in the Indonesian punishment system. Imprisonment of the existing imprisonment proved to have a lot of gap abuse in him both by wardens or by inmates even by third parties. This in fact makes the prison yag should be the place to make the deterrent effect seems to change a lot. Even those changes made prisons a fertile ground for the inmates and made the prison a place of business. Therefore, it is necessary to solve the problem and find a way out to overcome the problem to create law that is safe and prosperous and revive the sense of a deterrent effect to inmates in prisons]]>
<![CDATA[Legal Analysis of Legal Personality Organization of South East Asian Countries (ASEAN) As the Subject of International Law ]]>
<![CDATA[Dhezya Pandu Satesna]]>
<![CDATA[ Unnes Law Journal Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i2.38781
<![CDATA[ASEAN stands on August 8, 1967 under the agreement of five foreign ministers of Southeast Asian Countries namely Adam Malik (Indonesia), Tun Abdul Razak (Malaysia), Thanat Khoman (Thailand), Rajaratnam (Singapore), and Narcisco Ramos (Philippines) . The ASEAN Charter is the legal and institutional framework that binds all ASEAN member countries, and makes ASEAN an organization of legal status. ASEAN has immunities and privileges in the territory of the Member States as necessary to achieve its objectives. ASEAN with the ASEAN Charter being a full international organization, there are clear rules on ASEAN. Among them are the privileges and immunities for Permanent Representatives and diplomatic diplomatic agents in the ASEAN Secretariat.]]>
<![CDATA[Alternative Model of settlement of Narcotics abuse by Children through the mechanism of Diversion (Case study in sambas district) ]]>
<![CDATA[Tri Nurmega Oktarina]]>
<![CDATA[ Unnes Law Journal Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i1.38782
<![CDATA[this case discusses about in narcotic narcotics version of child (case study in district of execution of diversion against child of perpetrator of narcotics crime pursuant to law no 11 year 2012 about juvenile criminal justice system from position of law of diversion to child abuse of narcotics in developmental perspective criminal law is a non-panel policy measure for handling child perpetrators of child criminal acts as their handling is transferred to the juvenile justice system. related to the handling of children of narcotics abuse, the main problem that arises from the criminal justice process of a child or criminal decision is the stigma attached to the convict of narcotics abuse after the completion of the criminal justice process tends to increase the abuse of narcotics conducted by the child. the diversi- fication concept set forth in the Indonesian justice system is putting the obligation to divert in any judicial proceedings (investigation, prosecution, trial) of the diversion settings against the perpetrators, the future narcotics crime concept of implementation is only a component and improved the structure of the Juvenile justice system as an alternative to formal criminal justice by placing diversionary efforts in every stage of the judicial process (investigation, prosecution and civil law). future divergence concepts not only as an alternative to the just legal system but the diversion that really excludes the process]]>
<![CDATA[Legal Protection Against Geographical Indications of Registered Brands by Others Who Have No Rights ]]>
<![CDATA[Milah Sarmilah]]>
<![CDATA[ Unnes Law Journal Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i2.38783
<![CDATA[Geographical Indication is one form of Intellectual Property Rights that must be protected. In the Trademark Law, Law Number 20 Year 2016 and Government Regulation Number 51 Year 2007 on Geographical Indication have been explained in general the legal protection of Geographical Indication can be given if the subject matter have legal standing. To obtain legal standing can be done by registering Geographical Indication to ensure legal certainty. And the duration of protection may take place indefinitely as long as the characteristics and / or qualities underlying the protection are provided. Indonesia as an archipelagic country is very famous for its natural wealth. Unfortunately, there are still many Geographical Indications of Indonesia that are registered by the Foreign Marks that cause Indonesia to suffer economic losses, therefore it is necessary to take a recovery effort so that Geographical Indication that should be owned by the Indonesian nation can be re-owned by Indonesia.]]>
<![CDATA[Supervision by the Financial Services Authority on Investment-Based Life Insurance (Unit Link) ]]>
<![CDATA[Rizky Noor Fajrina]]>;
<![CDATA[Waspiah Waspiah]]>
<![CDATA[ Unnes Law Journal 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.v7i1.38802
<![CDATA[Problems with unit-linked life insurance products such as product transparency where the agent does not provide a detailed explanation regarding the characteristics, benefits, risks, and costs of unit-linked life insurance. This study aims to describe the protection of unit link life insurance in Indonesia and the supervision of the Financial Services Authority, the constraints faced and the steps that must be taken so that the insurance business can run well. This study uses a qualitative, sociological juridical approach. Primary data sources were taken by interview, observation, and documentation. While secondary data obtained from legislation, books, journals, scientific articles related to research. The results showed that: (1) The protection of the unit link life insured in Indonesia is not yet in accordance with the existing regulations. Life insurance agents who violate Marketers Standards of Practice and Code of Conduct may be subject to sanctions. Preventive and repressive efforts are carried out by the Financial Services Authority in order to protect the insured. (2) Supervision of the Financial Services Authority in the insurance business is microprudential supervision which, by its nature, is divided into prudential supervision and market conduct supervision. The conclusions in this study: (1) The protection of life insurance for unit link in Indonesia is not yet fully in accordance with the applicable regulations, this is due to several life insurance agents that do not meet the applicable rules.]]>
<![CDATA[Public Information Dispute Resolution (Perspective of the State Administrative Court Act and the Public Information Disclosure Act) ]]>
<![CDATA[Baruna Poking Bagus Saputro]]>
<![CDATA[ Unnes Law Journal 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.v7i1.38803
<![CDATA[The specification in the study uses a qualitative analytical descriptive approach and uses a type of doctrinal legal research with normative legal research methods on synchronization and fair legal efforts in resolving public information disputes. The results of research and discussion in the thesis are: First, contains synchronization of public information dispute settlement based on the Law of the Republic of Indonesia Number 5 of 1986regardingState Administrative Courts as amended by Law of the Republic of Indonesia Number 9 of 2004 and most recently by Law Republic of Indonesia Number 51 of 2009 with Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness. Second, it contains legal remedies that are fair in resolving public information disputes. Conclusions based on the results of research and discussion include: First, synchronizing the settlement of public information disputes based on the Law of the Republic of Indonesia Number 5 of 1986 regarding State Administrative Courts as amended by the Law of the Republic of Indonesia Number 9 of 2004 and most recently by the Republic of Indonesia Law Indonesia Number 51 of 2009 with the Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness can be done with a juridical analysis of the competence and position of the State Administrative Court and Information Commission, as well as legal synchronization of the relevant Law. Second, fair legal efforts in resolving public information disputes are carried out by juridical analysis based on the theory of justice. Finally, the author gives advice in the form of legislative review efforts to amend the relevant Law, based on apolitical configuration in democratic orders to be able to produce responsive legal products for the realization of legal certainty and justice.]]>
<![CDATA[Cyber Terrorism Criminal Acts in the Perspective of Transnational Organized Crime ]]>
<![CDATA[Okti Putri Andini]]>
<![CDATA[ Unnes Law Journal 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[Determination of the Jurisdiction of Fisheries Crimes as Transnational Organized Crimes ]]>
<![CDATA[Sulaiman Rasyid]]>
<![CDATA[ Unnes Law Journal 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.v7i2.38805
<![CDATA[The abundance of fisheries resources in Indonesian waters has made Indonesia a target of crime in the field of fisheries, this has an impact on the welfare and prosperity of the Indonesian people, especially local fishermen, the government continues to push this fisheries crime to be recognized as a type of organized transnational crime. This study aims to find out and analyze how Fisheries Crime Arrangements and the Determination of Fisheries Crime Jurisdictions are based on the provisions of organized transnational crime conventions. The research method used in this research is Normative Law Research with a legal approach, conceptual approach. And use the theory of determining the location of the crime (Locus delicti) in determining the jurisdiction of fisheries crimes. Research results show that (1) Regulations related to Fisheries Crimes both materially and formally in Indonesian law have been regulated according to the perspective of organized transnational crime, however, current fisheries laws do not cover all existing fisheries crimes. (2) in the case of determining the jurisdiction of fisheries crimes occurring in the territory of a country involving several state parties, the states parties must establish a joint investigation body. The conclusion of this research is that the laws and regulations owned by Indonesia related to Fisheries Crimes do not cover all aspects of crimes occurring in the field of fisheries and related to the determination of the jurisdiction of fisheries crimes the Indonesian government has implemented its jurisdiction based on the provisions of transnational organized crime conventions by cooperating with state parties the other.]]>
