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[LGBT in Legal and Criminology Aspects ]]>
<![CDATA[Sofwatin, Umi]]>;
<![CDATA[Alfiani, Dian]]>;
<![CDATA[Nurjanah, Nida]]>;
<![CDATA[Mukti, Sintha Dwi]]>
<![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.v5i1.31053
<![CDATA[The LGBT which is an acronym for Lesbian, Gay, Bissexual and Transgender is a group consisting of people who have sexual orientation deviations, behavioral deviations and appearances that are not in accordance with their gender. The current LGBT phenomenon has experienced rapid development in everyday life. LGBT as a form of sexual deviation, behavioral irregularities and appearance that is not in accordance with their gender, has expanded to a society with a normal social order, even these LGBT actors are not only teenagers and adults but also children. Most LGBT people present themselves as heterosexual people, this is done so that LGBT people can get along comfortably in carrying out various social activities in the community. The deviation itself does not rule out the possibility of being in campus life and the perpetrators are students to lecturers. The proliferation of television coverage of LGBT has also expanded the movement of LGBT people to show their identity that they exist. This report will discuss the observations of LGBT communities on campus (UNNES) and how they relate to crimonology and victimology.]]>
<![CDATA[Death Penalty, Right to Life, and Various Controversies in Human Rights ]]>
<![CDATA[Saputra, Adi]]>;
<![CDATA[Santoso, Febrian Jadug]]>
<![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.v5i1.35842
<![CDATA[In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.]]>
<![CDATA[Reviving the Sense of Deterrent Effects To Prisoners Inside Penal Institutions ]]>
<![CDATA[Hanif, Muhammad Miftakhuddin]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i2.38780
<![CDATA[Prison sentence is a form of punishment which until now is one of the favorite punishments implemented and applied in the Indonesian punishment system. Imprisonment of the existing imprisonment proved to have a lot of gap abuse in him both by wardens or by inmates even by third parties. This in fact makes the prison yag should be the place to make the deterrent effect seems to change a lot. Even those changes made prisons a fertile ground for the inmates and made the prison a place of business. Therefore, it is necessary to solve the problem and find a way out to overcome the problem to create law that is safe and prosperous and revive the sense of a deterrent effect to inmates in prisons]]>
<![CDATA[Legal Analysis of Legal Personality Organization of South East Asian Countries (ASEAN) As the Subject of International Law ]]>
<![CDATA[Satesna, Dhezya Pandu]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i2.38781
<![CDATA[ASEAN stands on August 8, 1967 under the agreement of five foreign ministers of Southeast Asian Countries namely Adam Malik (Indonesia), Tun Abdul Razak (Malaysia), Thanat Khoman (Thailand), Rajaratnam (Singapore), and Narcisco Ramos (Philippines) . The ASEAN Charter is the legal and institutional framework that binds all ASEAN member countries, and makes ASEAN an organization of legal status. ASEAN has immunities and privileges in the territory of the Member States as necessary to achieve its objectives. ASEAN with the ASEAN Charter being a full international organization, there are clear rules on ASEAN. Among them are the privileges and immunities for Permanent Representatives and diplomatic diplomatic agents in the ASEAN Secretariat.]]>
<![CDATA[Alternative Model of settlement of Narcotics abuse by Children through the mechanism of Diversion (Case study in sambas district) ]]>
<![CDATA[Oktarina, Tri Nurmega]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i1.38782
<![CDATA[this case discusses about in narcotic narcotics version of child (case study in district of execution of diversion against child of perpetrator of narcotics crime pursuant to law no 11 year 2012 about juvenile criminal justice system from position of law of diversion to child abuse of narcotics in developmental perspective criminal law is a non-panel policy measure for handling child perpetrators of child criminal acts as their handling is transferred to the juvenile justice system. related to the handling of children of narcotics abuse, the main problem that arises from the criminal justice process of a child or criminal decision is the stigma attached to the convict of narcotics abuse after the completion of the criminal justice process tends to increase the abuse of narcotics conducted by the child. the diversi- fication concept set forth in the Indonesian justice system is putting the obligation to divert in any judicial proceedings (investigation, prosecution, trial) of the diversion settings against the perpetrators, the future narcotics crime concept of implementation is only a component and improved the structure of the Juvenile justice system as an alternative to formal criminal justice by placing diversionary efforts in every stage of the judicial process (investigation, prosecution and civil law). future divergence concepts not only as an alternative to the just legal system but the diversion that really excludes the process]]>
<![CDATA[Legal Protection Against Geographical Indications of Registered Brands by Others Who Have No Rights ]]>
<![CDATA[Sarmilah, Milah]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 4 No 2 (2015): Unnes L.J. (October, 2015) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v4i2.38783
<![CDATA[Geographical Indication is one form of Intellectual Property Rights that must be protected. In the Trademark Law, Law Number 20 Year 2016 and Government Regulation Number 51 Year 2007 on Geographical Indication have been explained in general the legal protection of Geographical Indication can be given if the subject matter have legal standing. To obtain legal standing can be done by registering Geographical Indication to ensure legal certainty. And the duration of protection may take place indefinitely as long as the characteristics and / or qualities underlying the protection are provided. Indonesia as an archipelagic country is very famous for its natural wealth. Unfortunately, there are still many Geographical Indications of Indonesia that are registered by the Foreign Marks that cause Indonesia to suffer economic losses, therefore it is necessary to take a recovery effort so that Geographical Indication that should be owned by the Indonesian nation can be re-owned by Indonesia.]]>
<![CDATA[Understanding Geospatial Intelligence and the Challenges of Effective Counter-Terrorism Strategy: A Case Study of Nigeria’s Boko Haram Challenge ]]>
<![CDATA[Nte, Ngboawaji Daniel]]>;
<![CDATA[Abdulaziz, Baba Ahmadu]]>;
<![CDATA[Uzorka, Michael]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 2 (2020): Unnes L.J. (October, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v6i2.38741
<![CDATA[Nigeria is faced with a number of security challenges that have threatened the existence of peace and security in the country. These threats to public safety and national security have greatly undermined the government primary responsibility of guaranteeing public safety and national security. The intractable challenges posed by Boko Haram makes a good case for the above assertion. This work, therefore reviews the applicability of Geospatial Intelligence and all its components and sub-field, with a view to understanding and or establishing their respective relevance in devising effective counter-terrorism strategies in Nigeria. This was done, taking Boko Haram activities between 2015 and 2018 for specific study, against the background of Geospatial Intelligence capabilities .The researchers utilised primary and secondary data sources in this work. The Primary data sources was from questionnaires administered physically and electronically via emails while Secondary data came from published books, journals, articles, lecture guides, videos etc. Acquired data was statistically analysed using simple percentage and Chi-Square statistics. Sequel to the statistical results, findings were made that Geospatial-Intelligence is relevant and remains the most potent frontier in developing effective counter-terrorism strategies against Boko Haram and indeed other similar insurgencies in Nigeria.]]>
<![CDATA[Controversial Criminal Punishment for Victim of the Spread of Immoral Chat ]]>
<![CDATA[Cipta, Rachmadan Eka]]>;
<![CDATA[Masyhar, Ali]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 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.v7i1.38746
<![CDATA[The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values ​​underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.]]>
<![CDATA[The Authority of Government Officials in Delegating and Mandating ]]>
<![CDATA[Tumuhulawa, Arifin]]>;
<![CDATA[Moonti, Roy Marthen]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 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.v7i1.38778
<![CDATA[Power sharing vertically in a unitary state has its consequence for the existence of the environment of both central and local governments. By the existence, another consequence appears which is the relationship between central government and local government in order to avoid the overlap of the authority implementation. One of the crucial aspects in democratic state of law (democratischerechtsstaat) is legality principle (legaliteitsbeginsel). It means that each legal action of the government should be based on the applicable laws and regulations or the authority given by the applicable regulations. The problem statements and the aims of this research are to find out the authority of the Government Officials in running the government affairs and to investigate the meaning of delegating and mandating conducted by the government officials. Authority is the formal power owned by administration boards and/or officials or other state administrators to act in public law report including some competences. The basic principles of authority are first, the administration officials act and make decision based on their authority; second, the authority to use should be accounted for and tested by both legal norm and legal principle. Delegation is defined as delegating authority from the higher board and/or government officials to the subordinates in which the responsibility and liability is switched completely to the delegates. Mandate does not contain the transfer of authority. It is only the mandator gives his/her authority to another person (mandatary) to make decision or take actions on his/her behalf.]]>
<![CDATA[Supervision by the Financial Services Authority on Investment-Based Life Insurance (Unit Link) ]]>
<![CDATA[Fajrina, Rizky Noor]]>;
<![CDATA[Waspiah, Waspiah]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang 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.v7i1.38802
<![CDATA[Problems with unit-linked life insurance products such as product transparency where the agent does not provide a detailed explanation regarding the characteristics, benefits, risks, and costs of unit-linked life insurance. This study aims to describe the protection of unit link life insurance in Indonesia and the supervision of the Financial Services Authority, the constraints faced and the steps that must be taken so that the insurance business can run well. This study uses a qualitative, sociological juridical approach. Primary data sources were taken by interview, observation, and documentation. While secondary data obtained from legislation, books, journals, scientific articles related to research. The results showed that: (1) The protection of the unit link life insured in Indonesia is not yet in accordance with the existing regulations. Life insurance agents who violate Marketers Standards of Practice and Code of Conduct may be subject to sanctions. Preventive and repressive efforts are carried out by the Financial Services Authority in order to protect the insured. (2) Supervision of the Financial Services Authority in the insurance business is microprudential supervision which, by its nature, is divided into prudential supervision and market conduct supervision. The conclusions in this study: (1) The protection of life insurance for unit link in Indonesia is not yet fully in accordance with the applicable regulations, this is due to several life insurance agents that do not meet the applicable rules.]]>
