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[Adat Land (Bengkok) Transition Process in Indonesian Land Law ]]>
<![CDATA[Wahhab, Abdul]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 5 No 2 (2019): Unnes L.J. (October, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v6i1.8236
<![CDATA[This research aims to determine the transition of land rights from adat land village (bengkok) and the efforts made to provide legal protection for the people who control the land from the crooked land, this research using empirical juridical approach, using primary data and secondary data later analyzed using qualitative data analysis. This study shows that the transition process bengkok land Mutih Wetan village performed until the discharge stage by way of village meetings by providing replacement land. Soil removal procedure performed by Demak Regent Regulation No. 1 of 2011 On Guidelines For Financial Management And Wealth Village, efforts are being made to the legal protection for the people who control the land from the bengkok land village is recording the village administration to mutation associated land, forming the draft village regulations, as well as performed permit change agricultural land into land non-agricultural land rights petition efforts undertaken by the Government of Mutih Wetan village. It can be concluded that the process of transition crooked land done by the release of land by way of village meetings to provide replacement land, efforts are being made to the legal protection for the people who control the land from the bengkok land is recording the administration of the village on the mutation of land, the establishment of the draft regulation village, and the license permit change agricultural land into non-agricultural land as a condition for the right to land use certificate issuance.]]>
<![CDATA[Implementation of Changes in the Use of Agricultural Land to Non-Agriculture in the Land Office of Pemalang District (2011-2013) ]]>
<![CDATA[Hasmoro, Suryo Haji]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 5 No 2 (2019): Unnes L.J. (October, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i2.8237
<![CDATA[The purpose of this study was to (1) analyze the implementation of the licensing change of use of agricultural land to non-agricultural; (2) analyze the obstacles encountered by the Land Office and the citizens in the transition function of agricultural land into non-agricultural. This research is empirical juridical law with analytical descriptive research. Source of research data derived from primary and secondary data. The technique of collecting data using interviews (Land Office employees and citizens Pemalang) and documentation then analyzed descriptively qualitative. Results of this study are (1) The licensing change of use of agricultural land to non-agricultural can be done by private masyarat citizens or by the developer / investor, which process comprises: (a) the applicant making the request; (b) the payment of administrative costs, (c) review of the field consisting of the research process, data processing and manufacturing considerations technique, (d) the delivery of judgment technique to the Regent in the minutes of the Assembly Examination Committee for consideration, (e) decision of the application is accepted or denied, and (f) submission of the decision for a permit to the applicant. (2) The constraints encountered by the Land Office is the difference in the deliberations of the Technical Advisory Team Land when reviewing the location, and the public / applicant had been doing construction on agricultural land that has not been transformed to enable.]]>
<![CDATA[The Doctrine of Belief as a Vulnerable Group: How do the Human Rights Laws Accommodate this Group? ]]>
<![CDATA[Sari, Desika Arum]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 5 No 2 (2019): Unnes L.J. (October, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i2.8238
<![CDATA[One of the important issues that the global nature of human rights is the emergence of the idea and practice of multiculturalism, that is a willingness to coexist with other people or groups differntly. Multiculturalism is essentially an willingness of accept others groups equally as unity without care about cultural differences, ethnic, gender, language, or religion. The new legal problems are the most crucial in Indonesia as a result of multiculturalism is a matter of religion and belief. Remember that Indonesia has some same religion and belief, which its people have strongs beliefs about religion and beliefs of each of them. The implementation of Act Number 39 of 1999 on human rights towards the protection of vulnerable groups to the residents of Pangudi Rahayuning Bawana Organization in Semarang is trust less. There are some human rights that have not been fulfilled, namely related to the exitance of a religious column discharge or fill the column by selecting among them the religions of six official religion. The contraint factors by the Pangudi Rahayuning Bawana organization to a fulfillment of his civil rights is freedom of religion and belief, marriage, funerals, the right to establish places of worship and the right to obtain religious education in according with the religion and beliefs for their children in according with his beliefs.]]>
<![CDATA[Cyberporn and Criminal Responsibility ]]>
<![CDATA[Sitio, Hendra]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 5 No 2 (2019): Unnes L.J. (October, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i2.15359
<![CDATA[This research is based on cyberporn which is increasingly prevalent in Indonesian crime with internet technology as a medium of crime in cyberspace. Many problems are the basis of the author's research. The results of this study indicate that this criminal law policy has weaknesses and shortcomings, such as jurisdiction issues, the absence of specific arrangements regarding cyberporn, cyberporn issues in positive criminal law are regulated as crimes that violate decency There are weaknesses and deficiencies in current criminal law policy shows the need for a criminal law formulation policy in the effort to combat cyberporn. Future criminal law formulation policies relating to dealing with cyberporn. by paying attention to the characteristics of cyberporn as an information technology-based crime (occurring in cyberspace) and is transnational in nature, both at the stage of criminalization, determination of jurisdictional aspects, subject of criminal acts, criminal formulation system, criminal liability formulation system, criminal sanction formulation system and formulation of guidelines for criminal sanctions. criminal prosecution. Thus, it is very much needed special regulation of the problem of cyberporn in the formulation of criminal law that will come in order to maximize efforts to prevent and prevent cyberporn in Indonesia. The conclusion of this research is that the formulation of criminal acts does not explicitly or specifically regulate cyberporn, the system of formulating criminal sanctions that is not appropriate, the regulation and rules of criminal punishment are not regulated, and there is no harmonization of the substance of criminal acts and criminal formulation policies, both at national, regional and international levels.]]>
<![CDATA[Defaults in Credit Agreements: How Are They Settled? ]]>
<![CDATA[Auliandi, Rizky]]>;
<![CDATA[Simanjuntak, Mangatur Hadiputera]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i2.23514
<![CDATA[This study aims to determine whether the debtor has carried out his achievements as they should and knows the legal consequences for the debtor when trying to carry out his achievements more than the specified due date. This research is a normative or doctrinal research that is descriptive in nature using secondary data types. In this research, the data collection technique used is the study of literature. The results showed that Sujono, as the debtor and PT BPR Mranggen Mitra Persada as the creditor had carried out the credit agreement. By fulfilling the legal conditions of the agreement as stipulated in Article 1320 of the Civil Code, both subjective and objective terms, the agreement credit between PT BPR Mranggen Mitra Persada as the creditor and Sujono as the debtor is a legal agreement, but in credit repayments Sujono has an arrears of credit repayments calculated from the principal debt, interest, and costs incurred due to arrears. Since PT BPR Mranggen Mitra Persada filed a lawsuit with the Blora District Court, Sujono as a defendant had no good intention to attend the trial. The Panel of Judges decided to drop the verdict without the presence of the defendant called verstek. From this decision the defendant or Sujono fought against verstek or what was called the verzet. With respect to the verzet submitted by Sujono, the judge considered that the resistance was rejected by the Panel of Judges based on the consideration that Sujono had wrongly determined his legal subject and incorrectly determined the arguments of the resistance proposed by Sujono against PT BPR Mranggen Mitra Persada. Based on the decision of the Panel of Judges, Sujono is still considered to have defaulted and must fulfil his achievements.]]>
<![CDATA[The Idea of Customary Law Community Representation in the Regional Representative Council ]]>
<![CDATA[Joesoef, Iwan Erar]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i2.26984
<![CDATA[The Customary Law Community (Masyarakat Hukum Adat, MHA) as part of the Customary Law System is recognized for its existence and its implementation in the National Land Law (Hukum Tanah Nasional, HTN). In the Explanation of the Basic Agrarian Law (UUPA) it is stated that the function of Customary Law as the main source in the development of HTN, although such recognition is accompanied by conditions as long as in reality they still exist and in accordance with national and state interests. This paper analyses and examines the problems of MHA in the concept of regional representative council. The problem on this paper come up from various problems concerning to ulayat land and its conflict between indigenous people and government. The research emphasized that the main problem is the inequality of perception between the Executive, Judiciary and Legislative institutions in the consistency of compensation payments resulting in the re-claim of Tanah Ulayat (Adat), there is no basis for a multi-dimensional approach (anthropology, sociology and others besides the juridical approach). This means that the formal juridical approach alone does not achieve effective results. The question is whether the constitutional MHA can have representation in the Regional Representative Council (DPD) and what forms of democracy are appropriate and can channel the aspirations of the MHA.]]>
<![CDATA[How Far is Consumer Protection in the Health Care Sector? ]]>
<![CDATA[Nuryaasiinta, Cut Mayang Widya]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i1.28132
<![CDATA[In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approachÂÂÂÂ), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who have been neglected by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and (h), and according to the Law Number 36 of 2009 concerning Health of consumer rights that are violated is in Articles 5-8, Articles 56-58. Regarding the responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer Law only recognizes just material compensation but according to Article 46 of Law No.44 of 2009 concerning this compensation house is appropriate.]]>
<![CDATA[Electronic Traffic Law Enforcement: Is it Able to Reduce Traffic Violations? ]]>
<![CDATA[Bagasatwika, Aryanindita]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i1.28642
<![CDATA[The practice of law enforcement on traffic violations committed by law enforcement officers is currently not enough to satisfy the expectations of the community. Problems often occur in current law enforcement practices, including vulnerability to corruption and convoluted bureaucracy in dealing with the process of law enforcement, especially for traffic violations. The practice of law enforcement itself cannot only be shackled in the current legal rigidity, in this condition a legal breakthrough or legal progression is needed, so that our law can adjust to the times and demands of society. The E-TLE (Electronic Traffic Law Enforcement) system created by the Semarang Traffic Police Unit is a breakthrough in law in law enforcement practices that are applied to traffic violations in the City of Semarang in order to bring a fast, precise, clean and transparent law enforcement system. In this context, progressive legal theory is used to create a breakthrough in progressive law enforcement in the E-TLE Satlantas Polrestabes Semarang system against traffic violations in the city of Semarang.]]>
<![CDATA[Effect of Taxpayer Data and Information Confidentiality Principle on Tax Amnesty Against Law Enforcement in Indonesia ]]>
<![CDATA[Damayanti, Ratih]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 5 No 1 (2019): Unnes L.J. (April, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i1.28980
<![CDATA[The principle of confidentiality in the Tax Amnesty can have a negative impact, the impact of which may occur frauds by individual taxpayers and tax officials. If there is fraud, the process of investigation and investigation to find evidence will be difficult. Law enforcement agencies and examining bodies such as the KPK, BPK, and other related agencies will have difficulties and will not be able to break through taxpayer assets or data because these assets and data are private and protected by law. This can hamper the law enforcement process, especially law enforcement in the tax sector. The principle of confidentiality in Tax Amnesty has an effect on law enforcement. The principle of confidentiality in Tax Amnesty provides potential moral hazard. A moral hazard occurs because of the opportunities or opportunities that enable these actions to materialize. Opportunities for Fiscus and Taxpayers to meet in person. This has the potential to cause a gray area between the Taxpayer and the Fiscus which can cause moral hazard to the Taxpayer. The authority of the Fiscus is prone to be misused, so that it can lead to several criminal actions that can be carried out, namely embezzlement or corruption that can harm the country's finances. And when the crime occurs at a Tax Amnesty Taxpayer, it will be difficult to enforce the law because the data and information sourced from the Declaration and its attachments cannot be used as a basis for investigation, investigation, and / or criminal prosecution of the Taxpayer cannot be used as a taxpayer basis for investigation, investigation and / or criminal prosecution of taxpayers.]]>
<![CDATA[Victims of Sexual Abuse: How Does the Law Protect Her? ]]>
<![CDATA[Sitorus, Jeremya Chandra]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 5 No 2 (2019): Unnes L.J. (October, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v5i1.29864
<![CDATA[Campus sexual assault (CSA) has received unprecedented public attention lately. Sexual assault is one of the iceberg phenomena. Although men and women can be sexually assaulted, women are at greater risk. This research was aimed to describe and to classify sexual assault. The result of this research showed there are many sexual assault victims chose to remain silent and not strive for justice because imbalance of power relation, normalization of sexual assault on campus, lack of institutional support and even disciplinary act perpetrator, consequently perpetrators still remain on campus and turned compound of trauma for victims’ lives. Campus intervention is important to destroy normalization of sexual assault on campus and they should take the responsibility to educate their students about consent during sexual contact.]]>
