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Unnes Law Journal
Published by Universitas Negeri Semarang
ISSN : 22526536     EISSN : 27224503     DOI : https://doi.org/10.15294/ulj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 252 Documents
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Function of Non-Judge Mediators in Divorce Settlement Through Religious Courts Hanifah, Mardalena; Pascadinianti, Meidana
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.75611

Abstract

Marriage is carried out until the death of one of the husband and wife. In certain conditions, some things require the dissolution of a marriage, meaning that if the marriage relationship continues, harm will occur which will lead to divorce. Mediation as an out-of-court dispute resolution process is used by courts as a divorce settlement process. Mediation is carried out by a mediator, both a judge mediator and a non-judge mediator. The problem discussed is how to resolve divorce cases through mediation by non-judge mediators in the Religious Courts. The research method used is empirical research with qualitative analysis. Qualitative analysis is a study related to the integration of the substance of laws and regulations on divorce mediation and resolution in Religious Courts. Based on the results of research, the mediation process in the Religious Courts must be carried out by PERMA Number 1 of 2016 concerning Mediation Procedures in Courts, in line with islah as a peacemaker in Islam which has been carried out in the Religious Courts by mediator judges and non-judge mediators. The results of the study show that the success rate is very low. The cause of the failure of divorce settlement through mediation in the Religious Courts is the parties have the intention to divorce, making mediation only a requirement. In addition, the effectiveness of the mediator's function comes from the mediator's skills in handling divorce cases and the awareness of the parties to improve the household and the need for laws on mediation.
Navigating Regional Regulatory Changes in Indonesia: An In-Depth Analysis of Post-Amendment Implementation of Law Number 12 of 2011 on Legislation Formation Wedhatami, Bayangsari; Damayanti, Ratih; Prasasi, Cindy Ayu
Unnes Law Journal Vol 9 No 2 (2023): Contemporary Issues on Law and Development: Social, Political and Legal Aspects
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.78642

Abstract

In the context of Indonesia as a State of Law, the imperative role of the rule of law cannot be overstated in realizing the state's objectives. The formulation of Legislative Regulations, essential for upholding the rule of law, necessitates meticulous consideration of three fundamental principles: benefit, justice, and legal clarity. To ensure the effectiveness of these regulations in aligning with the direction and goals of national legal development, the process adheres to key principles, encompassing the clarity of objectives, appropriate institutional involvement, congruence among types, hierarchy, and material content, practicability, clarity of formulation, and transparency. This procedural framework is consistently implemented in a sustainable, coordinated, and integrated manner. The legal landscape in Indonesia underwent significant transformations with the enactment of Law Number 11 of 2020 on Job Creation, introducing the omnibus law technique. However, the subsequent Constitutional Court Decision Number 91/PUU-XVIII/2020 provisionally deemed this law unconstitutional. Responding to this decision, Law Number 12 of 2011 underwent a substantial amendment through Law Number 13 of 2022, specifically addressing the omnibus approach and enhancing meaningful public participation in statutory rule creation. This legal revision significantly influences the development of legal instruments at the regional level. Consequently, an examination of the implementation of regional legal product formation becomes imperative post the amendment of Law Number 12 of 2011 on the Formation of Legislative Regulations.

Page 26 of 26 | Total Record : 252

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