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).
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252 Documents
<![CDATA[Public Information Dispute Resolution (Perspective of the State Administrative Court Act and the Public Information Disclosure Act) ]]>
<![CDATA[Saputro, Baruna Poking Bagus]]>
<![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.v7i1.38803
<![CDATA[The specification in the study uses a qualitative analytical descriptive approach and uses a type of doctrinal legal research with normative legal research methods on synchronization and fair legal efforts in resolving public information disputes. The results of research and discussion in the thesis are: First, contains synchronization of public information dispute settlement based on the Law of the Republic of Indonesia Number 5 of 1986regardingState Administrative Courts as amended by Law of the Republic of Indonesia Number 9 of 2004 and most recently by Law Republic of Indonesia Number 51 of 2009 with Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness. Second, it contains legal remedies that are fair in resolving public information disputes. Conclusions based on the results of research and discussion include: First, synchronizing the settlement of public information disputes based on the Law of the Republic of Indonesia Number 5 of 1986 regarding State Administrative Courts as amended by the Law of the Republic of Indonesia Number 9 of 2004 and most recently by the Republic of Indonesia Law Indonesia Number 51 of 2009 with the Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness can be done with a juridical analysis of the competence and position of the State Administrative Court and Information Commission, as well as legal synchronization of the relevant Law. Second, fair legal efforts in resolving public information disputes are carried out by juridical analysis based on the theory of justice. Finally, the author gives advice in the form of legislative review efforts to amend the relevant Law, based on apolitical configuration in democratic orders to be able to produce responsive legal products for the realization of legal certainty and justice.]]>
<![CDATA[Determination of the Jurisdiction of Fisheries Crimes as Transnational Organized Crimes ]]>
<![CDATA[Rasyid, Sulaiman]]>
<![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.v7i2.38805
<![CDATA[The abundance of fisheries resources in Indonesian waters has made Indonesia a target of crime in the field of fisheries, this has an impact on the welfare and prosperity of the Indonesian people, especially local fishermen, the government continues to push this fisheries crime to be recognized as a type of organized transnational crime. This study aims to find out and analyze how Fisheries Crime Arrangements and the Determination of Fisheries Crime Jurisdictions are based on the provisions of organized transnational crime conventions. The research method used in this research is Normative Law Research with a legal approach, conceptual approach. And use the theory of determining the location of the crime (Locus delicti) in determining the jurisdiction of fisheries crimes. Research results show that (1) Regulations related to Fisheries Crimes both materially and formally in Indonesian law have been regulated according to the perspective of organized transnational crime, however, current fisheries laws do not cover all existing fisheries crimes. (2) in the case of determining the jurisdiction of fisheries crimes occurring in the territory of a country involving several state parties, the states parties must establish a joint investigation body. The conclusion of this research is that the laws and regulations owned by Indonesia related to Fisheries Crimes do not cover all aspects of crimes occurring in the field of fisheries and related to the determination of the jurisdiction of fisheries crimes the Indonesian government has implemented its jurisdiction based on the provisions of transnational organized crime conventions by cooperating with state parties the other.]]>
<![CDATA[Legal Reform for the Fulfilment of Disabilities Human Rights ]]>
<![CDATA[Suwandoko, Suwandoko]]>;
<![CDATA[Rihardi, Satrio Ageng]]>
<![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.v6i2.38973
<![CDATA[The legal reform requires the fulfilment of disabilities human right is very important as a basis for strengthening the footing, so as to be able to respect, protect and fulfill the human rights of persons with disabilities without discrimination by upholding human value and dignity based on the Pancasila and the 1945 Constitution of the Republic Indonesia. The purpose of this study is to analyze the urgency of reforming human rights law of persons with disabilities and to analyze the model of legal reform to realize the fulfillment of human rights of persons with disabilities. This research method uses a type of normative juridical research by studying the legal literature. The results showed that the urgency of reforming human rights law for persons with disabilities in terms of philosophical, sociological and juridical aspects. The model of legal reform has embodied the fulfillment of the human rights of persons with disabilities in the harmonization of policies consisting of several aspects of regulatory structuring, aspects of institutional structuring and aspects of legal culture development. So legal reform is able to manifest the human rights of persons with disabilities, in this case as a form of crystallization of noble values and human dignity that are more just, progressive, democratic, prosperous and non-discriminatory.]]>
<![CDATA[Talent Pool on The Appointment of Directors of PLN (Persero) Viewed from Good Corporate Governance ]]>
<![CDATA[Maulana, Ikhwan Nul Yusuf]]>;
<![CDATA[Gultom, Elisatris]]>;
<![CDATA[Sudaryat, Sudaryat]]>
<![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.v6i2.39150
<![CDATA[Talent Pool on the appointment of BUMN Directors that has been implemented at this time still leaves problems. This research aims to know how the application of the Talent Pool on the appointment of Directors of PLN (Persero) viewed from Good Corporate Governance and the implications for compliance and performance aspects. The research method used in this study is a normative juridical approach which is done analytically descriptive. The results showed there were still mismatches in the application of the Talent Pool on the appointment of the Directors of PLN (Persero) to several GCG principles that are transparency principle related to the need for an information system to appoint Directors of BUMN which is transparent and accountable, accountability principle is relating to the need for the development of a performance appraisal system for Directors, BoC and Shareholders and the accountability arrangements for professional institutions or teams formed by the Minister of BUMN in conducting due diligence and propriety tests for candidates for the BoD and independence principle is relating to the process of appointing BUMN Directors which must be done in stages by involving the final assessment by Tim Penilai Akhir. The implications of the application of the Talent Pool that applies GCG principles have a significant impact on compliance and performance aspects, this is evidenced by increased compliance with applicable laws and regulations through prevention of acts against the law and increased performance through company profitability.]]>
<![CDATA[Politics of Law for the Protection of Debtors as Consumers in Fintech based Loaning Services ]]>
<![CDATA[Dinanti, Dinda]]>;
<![CDATA[Sakti, Muthia]]>;
<![CDATA[Irfani, Indira Putri]]>;
<![CDATA[Pramita, Sinta Ana]]>
<![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.v6i2.40349
<![CDATA[This study aims to analyze legal protection related to technology-based lending and borrowing services. The research method used is normative legal research, with a statutory approach, namely an approach using legislation and regulations, and a conceptual approach that refers to existing legal doctrines. The data collection technique used was a literature study. The results show that legal protection for debtors as consumers has not been realized because the consumer dispute resolution mechanism for non-PUJK activities has not been regulated, there is no regulation regarding the interest rate ceiling and mechanisms related to the collection process, and because of the lack of strict sanctions against online loan administrators who commit violations.]]>
<![CDATA[Death Penalty for Corruptors in Indonesian Human Rights Perspective ]]>
<![CDATA[Fajrin, Yaris Adhial]]>;
<![CDATA[Purnamasari, Arista Putri]]>;
<![CDATA[Rosyida, Ryvina Izza]]>;
<![CDATA[Maulidiyah, Dwi Faizah]]>
<![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.v6i2.40613
<![CDATA[The death penalty for corruptors, gaining a place in Indonesia's positive criminal law. As a country that makes Pancasila an ideology, it is interesting to be reviewed in this paper on the existence of the death penalty for the corruptor from a human rights perspective in Indonesia. Therefore, the author raised two issues, namely the first, how is the death penalty for corruptors in Indonesia's positive law? second, what about the death penalty for such corruptors if reviewed from a Human Rights perspective in Indonesia? To answer this, the authors chose legal research with a normative approach as part of its research methods. Based on the study obtained that the death penalty for corruptors does not conflict with Indonesian human rights values, because it is seen as the most serious crime. Even the formulation of the death penalty is currently seen as in line with the direction and ideals of reforming Indonesia's criminal law, which is increasingly humanist and puts forward the purpose of justice and benefit.]]>
<![CDATA[How Law Responds to Technological Development? ]]>
<![CDATA[Diniyanto, Ayon]]>;
<![CDATA[Suhendar, Heris]]>
<![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.v6i2.41297
<![CDATA[Law and technological development must go hand in hand. The speed of technological development must be balanced with a fast legal response. Laws that are not quick in responding to technological developments can certainly result in weak regulations and even a legal vacuum in the technology development sector. The technology industry in the fields of financial technology (fintech), online transportation services, and digital health services continues to develop. Without strong regulation, these sectors will have a weak legal basis. The impact faced can be in the form of misappropriation by irresponsible individuals and causing harm to the wider community. Given that sectors such as fintech, online transportation services, and digital health services are related to the interests of the wider community. The state must exist by making laws or regulations that can respond quickly to technological developments. Indonesia as a rule of law must make all aspects run according to the law, including technological developments that produce products. This paper examines the extent to which the speed of law in Indonesia in responding to technological developments.]]>
<![CDATA[Electoral Regulation in Indonesia: Is It Modern Law? ]]>
<![CDATA[Al-Fatih, Sholahuddin]]>
<![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.v6i2.41627
<![CDATA[This research tries to discuss modern law and its character which is elaborated through a review of Law No. 7 of 2017 on Elections. Through conceptual and statutory approaches, this research tries to examine the concept of modern law based on the benchmarks of ideas put forward by Max Webber, Marc Galenter and Charles Sampford.. The results of this study show that it is quite difficult to categorize the law in Indonesia as a modern law. Nevertheless, this research successfully shows that one of indonesia's legal products, Namely Law No. 7 of 2017 on Elections, has fulfilled elements of modern law. This research is expected to help academics and legal practitioners to be able to dig deeper into the concept of modern law so that it can be applied in law in Indonesia with some adaptation and adjustment.]]>
<![CDATA[The Critical Study of the Omnibus Bill on Job Creation Based on John Rawls View on Justice ]]>
<![CDATA[Tejomurti, Kukuh]]>;
<![CDATA[Sukarmi, Sukarmi]]>
<![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.v6i2.41709
<![CDATA[This study aimed to analyze the critical study of The Omnibus Bill On Job Creation based on John Rawls view On Justice. The Government and the House of Representatives ratified the Omnibus Bill on Job Creation through a plenary meeting on October 5, 2020. This is more focused on improving economic growth or investment but does not pay attention to increase the protection and competence of human resources. The type of this research uses normative legal research, legal research that is conducted based on law and regulation, and library material. Related to this type of research, the approach used in this paper is legal, a conceptual approach, and a historical approach. According to the result of research, it can be concluded that the rules of the Omnibus Bill on Job Creation has implications for the imbalance of position between companies and workers and do not provide legal certainty for workers' protection. According to John Rawls, a justice will not sacrifice the rights of some people for the benefits enjoyed by others. Based on the opinion of John Rawls, we can know that if we sacrifice the rights of others for profit is not right. The cooperation based on a work agreement should be of benefit to all parties. These are benefits that can provide welfare to one another. Companies do not need to pay as high as company directors, but companies must be transparent about finances.]]>
<![CDATA[Covid-19 and Human Rights: The Capture of the Fulfilment of Rights During the Covid Outbreaks ]]>
<![CDATA[Widyawati, Anis]]>;
<![CDATA[Rasdi, Rasdi]]>;
<![CDATA[Arifin, Ridwan]]>;
<![CDATA[Adiyatma, Septhian Eka]]>
<![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.v6i2.42289
<![CDATA[Fulfilment and protection of human rights in all aspects is a form of Constitutional Rights for Citizens that must be fulfilled by the State. Basic human rights also under no circumstances can be reduced even deprived. However, the fact is, human rights regulated in various laws and regulations in Indonesia have not been maximally implemented. The fulfilment and protection of human rights also faces its own challenges in implementing it in certain cases, for example disasters such as Pandemic Covid-19. Various legal instruments, both central and regional, were created to deal with and resolve the Covid-19 Pandemic problem. This study aims to examine the implementation of the fulfilment and protection of human rights in special situations such as Covid-19 Pandemic. This research is limited to the Semarang City area. This study wanted to find out and analyze various aspects of law and human rights in the implementation of various policies related to Covid-19 in the City of Semarang. This study seeks to find challenges and problems in the protection and fulfilment of human rights in the city of Semarang in the Covid-19 Pandemic. The method in this study uses empirical research, where researchers directly go to the field. The planned data was obtained from various related agencies in the city of Semarang, the community, and related NGOs. This research will assist the government in mapping human rights fulfilment policies in national disaster situations in this case the Covid-19 Pandemic.]]>
