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[Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan ]]>
<![CDATA[Satria Unggul Wicaksana Prakasa]]>;
<![CDATA[Achmad Hariri]]>;
<![CDATA[Samsul Arifin]]>;
<![CDATA[Asis Asis]]>
<![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.v8i1.55904
<![CDATA[Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.]]>
<![CDATA[Technical Intelligence and Security Management within the Nigerian Territorial Waters: The Nigerian Navy Challenge ]]>
<![CDATA[Ngboawaji Daniel Nte]]>;
<![CDATA[Brebina Kelvin Enoke]]>;
<![CDATA[Ilyasu Abubakar]]>
<![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.v8i1.56453
<![CDATA[With the world becoming a more volatile place and certainly high - threat environments becoming too far and dangerous to send personnel, the insufficiency of human intelligence has placed a greater stress on technical aids in gathering intelligence. Technology has allowed the acquisition of intelligence to rely less on human intelligence. The progeny of modern day equipment - both offensive and defensive has made provision for myriad levels in intelligence gathering. The Gulf of Guinea Basin countries rely heavily on their maritime sector for greater per cent of their exports and imports. The Gulf of Guinea is strategic to the development of West African countries and has been characterized by various maritime crimes, thus the need for technical intelligence and surveillance measures by basin countries to enhance the security of the region. Nigeria is a strategic stakeholder in the maritime security around the Gulf of Guinea with her Navy and Nigerian Maritime Administration and Safety Agency as the lead agencies responsible for her maritime security and safety. This work discusses the various leverage and the challenges of modern surveillance equipment to aid the achievement of securing the Nigerian maritime environment by the Nigerian Navy as well as her involvement in several internal security operations in Nigeria.]]>
<![CDATA[The Application of International Laws in Bangladesh: A Critical Evaluation ]]>
<![CDATA[Mazharul Islam]]>;
<![CDATA[Mohammed Tahmidul Islam]]>;
<![CDATA[Md. Tuhin Mia]]>;
<![CDATA[Md. Zahidul Islam]]>
<![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.v8i1.56458
<![CDATA[This article discusses the incorporation and implementation of international laws, specifically international treaties and agreements into the domestic legal system of Bangladesh. The position of international laws in the legal system of Bangladesh and their authority to interpret and challenge domestic laws has been focused upon. To that effect, the constitutional provisions dealing with international law along with various authoritative court decisions have been analyzed. Additionally, status and implementation of customary international laws in Bangladesh have also been absorbed. How the norms of customary international laws are being incorporated and implemented have been discussed in detail. The analytical methods of research have been carried in the piece highlighting judicial decisions and international instruments. This article is based on secondary materials with the key sources including textbooks, reports, journal articles, conference papers, daily newspapers and online documents. The study has also relied on international instruments, domestic laws and decided cases of Apex Court of Bangladesh. The findings show that as a democratic country Bangladesh needs to incorporate for the sake of its own people the provisions of international treaties into domestic laws. This is a gradual but perilous process which would take more than political goodwill to materialize. As a young nation, it still has a long way to go to level its regulations up-to the international standards. The positive indication is that the supreme courts of Bangladesh are increasingly realizing and interpreting international instruments through their decisions pressurizing the government to make positive changes in the legislations.]]>
<![CDATA[Legal Protection for People with Disabilities in Indonesia in the Perspective of Justice Theory ]]>
<![CDATA[Dewa Gede Sudika Mangku]]>;
<![CDATA[Ni Putu Rai Yuliartini]]>;
<![CDATA[I Wayan Lasmawan]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.52406
<![CDATA[Respect, protection and fulfillment of the rights of persons with disabilities are the obligations of the state. This is also confirmed in Law Number 39 of 1999 concerning Human Rights, so that society has the responsibility to respect the rights of Persons with Disabilities. During this time, Persons with Disabilities have experienced a lot of discrimination which results in not fulfilling the implementation of the rights of persons with disabilities. The passing of Law Number 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities on November 10, 2011, showed that the commitment and seriousness of the Indonesian Government to respect, protect and fulfill the rights of persons with disabilities which in turn are expected to improve the welfare of persons with disabilities. This study confirmed and highlighted that legal protection for people with disabilities has been provided in several laws and regulation both national and international legal system. The implementation and fulfillment of the rights of persons with disabilities is aimed at realizing a higher quality, fairer, physically and mentally prosperous, and dignified standard of life for persons with disabilities. In addition, the implementation and fulfillment of rights are also aimed at protecting persons with disabilities from neglect and exploitation, harassment and all discriminatory acts, as well as human rights violations.]]>
<![CDATA[llegal Financial Technology Loans Amid the Covid-19 Pandemic Problem ]]>
<![CDATA[Nurharsya Khaer Hanafie]]>;
<![CDATA[Andika A. Gani]]>;
<![CDATA[Virmansyah Virmansyah]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.56455
<![CDATA[This study aims to identify and analyze illegal online lending practices in the midst of the Covid-19 problems. The research method used in this research is normative juridical research, namely the method of doctrinal legal research by reviewing the applicable regulatory provisions as a basis for analyzing the problems that occur and providing a paradigm as an effort to mitigate those problems. This qualitative research uses a descriptive analysis from primary and secondary legal materials through the study of documents and related literature. Based on the results of the study, the pandemic situation has resulted in growing illegal online loan services. Many individuals and micro, small and medium enterprises UMKM) are entangled in lending and borrowing due to the capital needs as a result of the Emergency Public Activity Restrictions (PPKM) policy. Based on the findings, the authors suggested that the improvement of public literacy related to lending needs to be encouraged, including efforts to ratify the personal data protection law and the drafting of the Fintech]]>
<![CDATA[Prospect and Challenges of Criminal Procedures in Nigeria: A Review ]]>
<![CDATA[Babajide Olatoye Ilo]]>;
<![CDATA[Adekunbi Folashade Imosemi]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.56482
<![CDATA[Criminal Justice Procedure (CJP) can be described as the collective means through which a person accused of an offence passes until the accusations have been disposed of or the assessed punishment concluded. Arguably, CJP in Nigeria took an enviable turn around with the enactment of a new principal enactment, Administration of Criminal Justice Act (ACJA) which has repositioned the CJP in Nigeria by addressing the seemingly inadequacies in Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC), harmonizing the CPA and CPC, codifying most age-long judicial pronouncements on CPA and CPC and addressing human rights abuses in erstwhile applicable laws thereby catapulting the CJP in Nigeria to an enviable position in the comity of nations. Recent judicial pronouncements in Nigeria on ACJA are worrisome and questions the readiness of the Judiciary as a stakeholder in Criminal Justice System to address the menace of delay in criminal trials which the ACJA aimed to address by introducing novel provisions target towards speedy dispensation of justice in criminal trials. The research methodology used in this study is systematic review and normative, by analyzing principal and secondary enactments in Nigerian CJP with judicial interpretations. While emphasizing the prospects of the ACJA, this paper also highlighted the challenges and suggested solutions to same. Despite its defects, the ACJA is a landmark development in the Nigerian Criminal Justice Procedure and all States of the Federation are therefore enjoined to domesticate the law.]]>
<![CDATA[The Rights of Victims of Illegal Investment Crimes Against Confiscated Goods ]]>
<![CDATA[Wayan Santoso]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.56587
<![CDATA[Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is a normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. Investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.]]>
<![CDATA[Law Enforcement for Culinary Business Actors for Violations in Obligations in Implementing Education and Protocol of Covid-19 Prevention in Jakarta ]]>
<![CDATA[Wahyu Nugroho]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.58641
<![CDATA[The Special Capital Region of Jakarta (Indonesian: Daerah Khusus Ibukota/DKI Jakarta) has various regulations in enforcing the health protocol law, imposing sanctions on culinary business actors for various violations committed, in terms of not carrying out educational obligations and Covid. -19 prevention protocols. The problems in this research are first, how is law enforcement for culinary business actors who violate the obligation to implement education and Covid-19 prevention protocols in Jakarta? and second, does the imposition of sanctions for culinary business actors have a deterrent effect and can increase awareness in conducting education regarding the Covid-19 prevention protocol? Normative and empirical juridical research methods. Data collection techniques through document/library studies and interviews. A qualitative juridical analysis is based on primary data and secondary data. The results of the first study and conclusions, Law enforcement for culinary business actors are carried out by the Civil Service Police Unit (Indonesian: Satuan Polisi Pamong Praja/Satpol PP) by involving several relevant agencies, as the party overseeing culinary business licensing. Law enforcement is carried out through administrative sanctions ranging from written warnings, and fines, to freezing and revocation of permits. Second, the imposition of various sanctions for culinary business actors can increase awareness in conducting education regarding the Covid-19 prevention protocol, have new habits, and provide a deterrent effect. His advice is that corrective action is needed on policies to handle COVID-19 in the culinary business sector and evaluation of culinary licensing in Jakarta.]]>
<![CDATA[Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach ]]>
<![CDATA[Nadiyah Meyliana Putri]]>;
<![CDATA[Muhammad Wahyu Saiful Huda]]>;
<![CDATA[Rifki Fakihudin]]>;
<![CDATA[Ridwan Arifin]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.60024
<![CDATA[Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.]]>
<![CDATA[The Disclosure of a Murder Case Using Fingerprint Identification Method: An Alternative ]]>
<![CDATA[Randy Pradityo]]>;
<![CDATA[Herlambang Herlambang]]>;
<![CDATA[Helda Rahmasari]]>;
<![CDATA[Galih Purwo]]>
<![CDATA[ Unnes Law Journal Vol 8 No 2 (2022): Various Issues on Crime, Justice, and Human Rights ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.60036
<![CDATA[This study aims to identify the function and role of fingerprints as a tool in the disclosures of a crime and the identification of the victim and suspect. It was conducted in the jurisdiction of the Bengkulu Regional Police. Data were collected data by direct interviews and documentation. Data were analyzed using qualitative techniques and then presented descriptively by providing descriptions and explanations in accordance with the problems of the study. The results showed that the function and role of fingerprint identification to scientifically disclose the victim and suspect of a crime was very important. Fingerprint identification functions as a tool or evidence for investigators to first determine and narrow the investigation]]>
