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[Andi Hidayat Anugrah Ilahi]]>
<![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.v7i1.43000
<![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[Dewa Gede Sudika Mangku]]>;
<![CDATA[Ni Putu Rai Yuliartini]]>
<![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.v7i1.43355
<![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[Herry Wiyanto]]>
<![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.v7i1.43440
<![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[Yazid Bustomi]]>
<![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.v7i1.44376
<![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[Neutrality of the State Civil Apparatus in the Democratic Party of Regional Head Election (Pilkada) ]]>
<![CDATA[Al Qodar Purwo Sulistyo]]>;
<![CDATA[Anas Santoso]]>;
<![CDATA[Usman Usman]]>
<![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.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.]]>
<![CDATA[Federalism in Nigeria: Problems and Restructuring Option ]]>
<![CDATA[Kelly Bryan Ovie Ejumudo]]>;
<![CDATA[Francis Ayegbunam Ikenga]]>
<![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.v7i2.45574
<![CDATA[The study examined the problematic of Nigeria’s federalism and the restructuring option. Three null hypotheses were formulated to guide the study and the study being a quantitative research adopted 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 were obtained from federalism and restructuring option questionnaire and chi square was used to analyze the data obtained. The finding of study revealed that the inability of the Nigerian state to adopt the restructuring option as a panacea to the unending political and ethnicity crises in the nation have a relationship with 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 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.]]>
<![CDATA[Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law ]]>
<![CDATA[Aprila Niravita]]>;
<![CDATA[Rofi Wahanisa]]>;
<![CDATA[Suhadi Suhadi]]>;
<![CDATA[Rahayu Fery Anitasari]]>;
<![CDATA[Bayangsari Wedhatami]]>
<![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.v7i2.45745
<![CDATA[Lerep village is one of the villages which is promoted as a tourism village according to Regent Decree No. 556/0424/2015 on the Establishment of a Tourism Village in Semarang Regency. The implementation is encouraged by Regulation of Lerep Village No. 4/2015 on the 2016 Working Plan of the Village Government. The development of a village as a tourism village brings positive and negative impacts. The positive impact is that the village can be more advanced and developed by utilizing its natural and cultural potential. The negative impact arising is that there is a significant development of the tourism locations, especially from outside parties. The negative impact that concerns society greatly is the allegation of irregularities or violation of spatial planning. The development will be carried out thoroughly to realize Lerep as a tourism village in terms of its human resources and the infrastructure supporting the tourism activities. The infrastructure development must be well-planned and able to optimize space use. The spatial planning must be able to provide safe, comfortable, productive, and sustainable space for all stakeholders. The realization of spatial planning is carried out by the central and regional governments by involving the society. Society plays a role in controlling space use based on functions and planning in order to realize Lerep tourism village which has awareness of spatial planning.]]>
<![CDATA[Child Prisoners and Their Attitudes: The Capture of Child Behavior Changes in Correctional Institutions ]]>
<![CDATA[Steny Roby Waluya]]>
<![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.v7i2.47471
<![CDATA[This study aims to determine how social learning changes the behavior of correctional students placed in correctional institutions. The method used in this research is a descriptive survey using a qualitative approach. Researchers conducted interviews with correctional students who were used as resource persons. Correctional students who are placed in Correctional Institutions absorb and follow most of the habits and activities carried out by adult prisoners who are in them, there are even correctional students who follow violations committed by adult prisoners so that after leaving the Correctional Institution they tend to do more evil. On average, they interact more with adult inmates so that they tend to learn everything that is in prison from adult inmates, including in terms of criminal behavior plans. After conducting research and interviews, it is known that the impact of social learning received by children when placed in an adult Correctional Institution is that children learn about positive and negative behavior carried out by friends in their social environment.]]>
<![CDATA[Legal Protection towards the Beneficiaries of PT Asuransi Jiwasraya due to Payment Defaults of the Jiwasraya Savings Plan: A Critical Review ]]>
<![CDATA[Rizky Amalia Solichin]]>
<![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.v7i2.47548
<![CDATA[The failure of Jiwasraya's claim settlements was since it was not a part of their insurance product and it did not comply with UU No. 40 Tahun 2014. The creation of this research article is to comprehend the unlawful effect of such failure and places responsibility on parties deemed responsible for the losses caused. This research is normative-law research-based, given the evidence of the mismanagement of PT. Asuransi Jiwasraya did not comply with the law and how their board of management disobeyed good governance. Theoretically, PT. Asuransi Jiwasraya bears responsibility, as mentioned in their contractual liability that holds the company responsible. As such is the right of the owner of the insurance policy bought from PT. Asuransi Jiwasraya. As PT. Asuransi Jiwasraya is a state-owned enterprise - the Indonesian government is also partly responsible for its failure. With that in mind, the government has mandated restructuring the Financial Services Authority (OJK) and increasing financial surveillance on PT. Asuransi Jiwasraya, putting the insurance company on a short leash.]]>
<![CDATA[Protection of People Living Conflict A Case Study in Yemen ]]>
<![CDATA[Yordan Gunawan]]>;
<![CDATA[Aisah Nur]]>;
<![CDATA[Fauziah Nauri Qisty]]>;
<![CDATA[Mohammad Hazyar Arumbinang]]>
<![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.v7i2.48390
<![CDATA[The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.]]>
