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[Employees' Readiness on Mutation in Higher Education Setting: A Perspective of State Administration and Employment Law ]]>
<![CDATA[Siti Mursidah]]>;
<![CDATA[Eko Handoyo]]>;
<![CDATA[Mulyo Widodo]]>
<![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.v7i2.49968
<![CDATA[The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position. The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder? This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions. The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support]]>
<![CDATA[The International Law Principle for People with Disabilities: Analyzing Access to Justice ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Iqbal Baiquni]]>;
<![CDATA[Januari Nasya Ayu Taduri]]>;
<![CDATA[Rasdi Rasdi]]>;
<![CDATA[Zikkri Zikkri]]>
<![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.v7i2.50180
<![CDATA[Disability groups are one of the groups that are vulnerable to various violations of their rights. In fact, the protection of this group has been regulated both nationally and internationally. The International Convention on the Rights of Persons with Disabilities or the United Nations Convention on the Rights of Persons with Disabilities (CRPD) clearly outlines the principles that must be met in providing protection for persons with disabilities, ranging from: (1) respecting the inherent dignity, autonomy the individual including the freedom to make one's own choices, and the freedom of people; (2) non-discrimination, (3) full and effective participation and inclusion in society; (4) respecting the differences and acceptance of people with disabilities as part of human diversity and humanity; (5) equality of opportunity; (6) accessibility; (7) equality between men and women; and (8) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to maintain their identity.]]>
<![CDATA[Stigma, Discrimination, and Public Perception: A Relationship between Screening for Mental Emotional Disorders and Public Perception of Mental Disorders ]]>
<![CDATA[Ichdinavia Harsaya]]>;
<![CDATA[Alifiati Fitrikasari]]>;
<![CDATA[Innawati Yusuf]]>;
<![CDATA[Elly Noerhidajati]]>;
<![CDATA[Yetty Movieta Nency]]>
<![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.v7i2.52696
<![CDATA[Mental-emotional disorder is a condition of emotional changes that can develop into a pathological state, with a prevalence of 9.8% in people over 15 years of age in Indonesia. Public perception of people with mental disorders leads to stigma and discrimination that have negative consequences for both sufferers and their family members. The purpose of this study was to determine the relationship between mental emotional disorders and people's perceptions of mental disorders. This research is an analytic observational study with a designcross sectional.The sample in this study were employees, students and visitors of the Diponegoro National Hospital, Semarangtaken by consecutive sampling method. The research instrument used a sociodemographic questionnaire, a Self Reporting Questionnaire (SRQ) 20 and a Community Attitude Towards The Mentally Ill (CAMI) questionnaire. This study found and confirmed that the subjects in this study 27.3% experienced mental emotional disorders and the majority had a counter-stigma and discrimination attitude, although there were still some who had a pro attitude towards stigma and discrimination, namely 7.3%. There is a significant correlation between emotional mental disorders and public perception of mental disorders (0.035) with a 95% confidence level. This study concludes that there is a significant relationship between emotional mental disorders and people's perceptions of mental disorders.]]>
<![CDATA[Financial Technology Company's Debt Collection Method: A Legal Aspect ]]>
<![CDATA[Suwinto Johan]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.52173
<![CDATA[Online loans are an alternative source of loans for the public. Online lending has grown rapidly. Financial technology companies are online loan providers. Financial technology companies use various ways to collect loans that are not paid by customers when they are due. One of the debt collection methods is to distribute photos and debt collection stories of the customer to the contacts in the customer's mobile number. This distribution has caused unrest for the people contacted either via messenger or via SMS. This research aims to discuss the pattern of debt collection by financial technology companies from a juridical viewpoint. This research uses the juridical normative method. This research concludes that data retrieval and data dissemination constitute a violation of personal data protection for customers and people who receive news and SMS. Retrieval of data without approval or contacting a loan with another party without prior knowledge has violated the personal domain of the data owner. The government needs to immediately issue regulations regarding the protection of personal data related to electronic transactions.]]>
<![CDATA[Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement ]]>
<![CDATA[Adi Wijayanto]]>;
<![CDATA[Hatta Acarya Wiraraja]]>;
<![CDATA[Siti Aminah Idris]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.52812
<![CDATA[Law enforcement regarding the environment is in fact a responsibility that should be fulfilled by the state. In this case, the state is the main actor in prevention, as well as a protector from any efforts to destroy nature and the environment. It can be understood that to maintain the crucial elements in the existence of a state, as agreed in the Montevideo Convention, among others, permanent residents, definite territory, government, the ability to enter into relations with the state. other. So with this it can be understood that environmental damage due to forest fires, is a form of threat also in the area element, because by burning ecosystems, it will result in an imbalance of life in an area, it can also be interpreted if the impacts arising from forest fires spread to enter the area. on the territory of neighboring countries, it will lead to unfavorable relations with other countries.]]>
<![CDATA[Reconstruction of Financial Crime Investigation Methods in Law Enforcement in The Era of the Industrial Revolution 4.0 ]]>
<![CDATA[Sukardi Sukardi]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.53059
<![CDATA[The purpose of this study was to determine the construction of the concept and method of financial crime investigation in the Netherlands in the law enforcement system in Indonesia to deal with financial crime in the era of the industrial revolution 4.0. The method used is normative research because it only uses secondary data in the form of primary, secondary and tertiary legal materials with conclusions drawn using deductive reasoning methods. The urgency of this research is because the development of crime that is not symmetrical with its legal efforts in the era of the industrial revolution 4.0, has an impact on efforts to enforce the rule of law which will affect reciprocally with the democratic process in Indonesia. The novelty of the research is an investigative method that combines civil and criminal concepts and economic accounting concepts with criminal law concepts. The results of the study are the strategy for law enforcement of financial crimes and financial technology in the era of the industrial revolution 4.0, by building a legal system, namely on the substance of the law, regulatory changes are built that are oriented towards proving the profits from crime through the concept of follow the money. In the aspect of legal structure, build a synergistic and harmonious coordination system between law enforcers and between institutional and private departments with an online networking system. In the aspect of legal culture, building a database system through a data bank, building a business economic infrastructure with a digital transaction system.]]>
<![CDATA[The Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic ]]>
<![CDATA[Sulaiman Rasyid]]>;
<![CDATA[Adya Paramita Prabandari]]>;
<![CDATA[Bastian Chris Daren]]>;
<![CDATA[Christopher Simanjuntak]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.53704
<![CDATA[The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.]]>
<![CDATA[Legal Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement ]]>
<![CDATA[Rusdianto Rusdianto]]>;
<![CDATA[Diva Pitaloka]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.54017
<![CDATA[In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.]]>
<![CDATA[Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies ]]>
<![CDATA[Rahadyan Fajar Harris]]>;
<![CDATA[Natalia Carolina Simanjuntak]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.54504
<![CDATA[The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.]]>
<![CDATA[The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic ]]>
<![CDATA[Ahmad Siboy]]>;
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.55354
<![CDATA[The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.]]>
