The Indonesian Journal of International Clinical Legal Education
The Indonesian Journal of International Clinical Legal Education is double blind peer-reviewed journal published by Faculty of Law Universitas Negeri Semarang. The Journal publishes articles (Original Research Article, Review Article, Book Review, Notes) every three month each year (Quarterly) on March, June, September, and December. The Journal published articles exclusively in English and Bahasa Indonesia. The Journal is expected to be a forum for the development of clinical legal education for academics, practitioners, researchers, policy makers and the public. This journal has established a number of expertise collaborations, both with a number of legal aid institutions, law offices and clinical legal education associations in Indonesia. The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research Centers.
Articles
257 Documents
<![CDATA[Curriculum Design: Difficulties and Realities in Introducing Innovative Teaching and Learning Experience ]]>
<![CDATA[Noordin Ayus, Abdul Mohaimin]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20655
<![CDATA[The 20th century legal education system is said to have failedto teach students practical legal skills, critical analysis anddecision-making methods, as it did not give studentssystematic training in effective techniques for learning the lawfrom the experience of the legal practice. At the end of thecentury, a pedagogic method known as the clinical legaleducation was developed which broadens legal education inall of these dimensions. It is important for a member of a lawschool academic to examine this pedagogical approachtowards enhancing students’ knowledge and skills in meetingthe needs of the changing time. Law schools in Malaysia andto some extent in Brunei Darussalam have some or limitedautonomy in introducing Innovative Teaching and Learningmethods into the curriculum design, but no true success couldbe lauded either as difficulties and realities in the study of lawwithin the common law jurisdictional context requires strongcognitive elements before a student could really delve inpractical legal skill exercises. The realities cover two main areasof development: (1) the components of legal studies, and (2)the outcomes of the studies. The difficulties may be associatedwith (1) the governing educational policies; (2) qualificationand quality of students admitted to law school, (3) theexperience of the law teachers; and (4) the learningenvironment. The traditional method could not simply beblamed or ignored, if there ever be a failure in the system, onthe one hand, and the much ushered innovative learningmethods may not necessarily be the success factor, on theother.]]>
<![CDATA[Effect of Positivism in Clinical Legal Education ]]>
<![CDATA[Samekto, Adji]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20660
<![CDATA[Clinical Legal Education (CLE) is an education in legal study that aims toprovide knowledge on practical expertise that aims to make lawgraduates capable of providing legal services (legal advocacy).CLEbecome important in recent days because of the tendency to resolvethe matter through legal channels is increasing. But in fact, it showsthat law enforcement is almost interpreted only as rule enforcement.The trend that happens, aspects of compliance procedures takeprecedence over justice. The modern law scientification is stronglyinfluenced by the emergence of positivism paradigm in modernscience. At present, along with the complexity of the problems ofpeople and society, the main character of modern law is a rationalnature. Rationality is characterized by the nature of a procedural rule oflaw. Procedure, thereby becoming an important legal basis to establishwhat is called justice, even the procedure becomes more importantthan talking about justice itself. Legal education, thus more likely toproduce professional practitioners. The resulting legal practitioners arelegal actors who are expected to make a decision which side is wrongand what is right under the provisions of the law. Through this paper isexpected to obtain the understanding that CLE should not result theLaw degree who only give priority to the compliance procedure aspositive law, but also still guided ethics and efforts to achieve justice.The method used for writing this paper is the socio legal research withinductive analysis. Thus, the fact that occurred in the law enforcementpractices will be a major premise and provide input and analysis in thispaper.]]>
<![CDATA[Sociological Approach to Eradication Corruption in Indonesia (Alternative to Imprisonment) ]]>
<![CDATA[Zaidan, Muhammad Ali]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20662
<![CDATA[Punishment of corruption not quite put in the context of law enforcement, leading to sanctions of imprisonment. Reality shows more than 600 state officials have been convicted of corruption but the rate has no effect at all to prevent the corruption. If no breakthrough is the law, the state can be called a defeat and to its knees at the foot of criminals. As a result, Indonesia can be called a heaven for criminals country. As a rule of law, law enforcement must be done in a holistic and integrated. Thus the imprisonment should also be offset by imposing sanction corrupt social order to be cured/deterrent. Make criminals real deterrent is not an easy step, but in need of understanding and synergy between the law enforcement community on the one hand with the other hand to continue to spread the spirit of corruption eradication in all social strata. The imposition of sanctions of imprisonment must also be followed by removal of political rights, especially the right to have occupied political positions both in government agencies and representatives (DPR). Sanctioning the disenfranchisement of political rights for a time after undergoing convict prison, is a powerful tool and a non-penal nature to combat corruption.]]>
<![CDATA[Training Profession for Law Career on Facing ASEAN Economic Community Era: Improving the Law Graduates through Development of Legal Education Method ]]>
<![CDATA[Khotijah, Farah Diba]]>;
<![CDATA[Mawardi, Anas]]>;
<![CDATA[Sholihah, Inayatus]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20663
<![CDATA[The ASEAN Economic Community (AEC) stands as one of Southeast Asia's predominant market shares, facilitating international trade in products and services among its ten member countries. This integration enables the free movement of goods and services within the Southeast Asian region, posing challenges to Indonesia's human resources (HR) and employment landscape. The heightened competition among graduates in the AEC era adds complexity to the employment scenario. Law graduates, in particular, face distinctive challenges in this environment. According to BPS 2016 data, over 2500 graduates struggled to secure suitable employment or career opportunities. Addressing this issue necessitates a strategic evolution in legal education, with a focus on initiatives like the Training Profession for a Law Career. This training, administered by university-formed professional training institutions, caters to law graduates who opt not to pursue advanced degrees (master program) and seeks direct orientation towards societal integration and the workforce. The training program mandates a practical experiential phase for law graduates, allowing them a certain period to experiment within the profession. Subsequently, graduates are afforded the freedom to either deepen their professional involvement or transition directly into the community. By bolstering education and skill enhancement, this approach aims to elevate labor productivity, thereby contributing to the overall enhancement of national competitiveness.]]>
<![CDATA[The Paradigm Reconstruction of Indonesian Judge’s Thought of Law in Adjudicating Criminal Cases ]]>
<![CDATA[Handayani, Henny Timira]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20664
<![CDATA[The Indonesian Criminal Act Code (Kitab Undang-Undang HukumPidana/ KUHP) based on the positivistic paradigm that is directed byprinciple of legality, as the expression of deductive syllogisms:regulations as a major premise should be filled in by the facts whichrevealed as the premise minor to conclude the punishment or not. Butthe positivistic paradigm could not always be complied with changesin Indonesian plural society. The KUHP still applies the theory ofmonistic. The prove on the entire outline of the criminal element, isproving the existence unlawfulness and at the same time prove thefault/ criminal liability, unless there is a reason the criminal removal. Butpeople demands the new criteria assessment of fairness: 1) liability notonly based on fault, but also the material of justification, 2) the criminalact was not only base on formal unlawfulness, but also materialunlawfulness, and 3) punishment should fit the balance of people andindividual interests. That demand required the judge thought of lawother than just of positivistic. This article analyzed the change ofIndonesian judges‟ paradigm of thought on criminal law, the causesinfluenced, and the efforts that could reconstructed the fairnessparadigm. This paper used double type of research technics, doctrinalresearch at once and empirical research, which used data collectiontechniques of the study of librarianship, observation and interview.]]>
<![CDATA[Legal Aid Advocacy for the Poor in Law of Welfare States ]]>
<![CDATA[Ismi, Hayatul]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20666
<![CDATA[Indonesia is a lawful welfare state, which means that the governmenthas a duty and responsibility in realizing the social justice and thegeneral welfare of the people. Paragraph (1) of the 1945 Constitution,stated that The State must ensure the implementation of equality in thestanding before the law. Nowadays it seems only the lower class thatmust obey the law, while the upper class seems to be immune to thelaw. They are hiding from the law behind the layers of their ownmoney. As if the law can be sold using money, even for those whocommit major crimes, corruption for example. While the lowerclasses who commit minor crimes can be imprisoned. Our country is acountry of law, then the law should be enforced, for all people and notjust for Reviews those who have the money. To realize theimplementation of the idea of a lawful welfare state then the Stateshould guarantee the right of every person to reach justice. In otherwords, the State must guarantee the implementation of legal aid to theimpoverished or Reviews those who cannot afford so that nonehas no access to justice that is mandated by the constitution. Legal aidadvocacy for the impoverished in the concept of a lawful welfare stateis certainly to be important in realizing the ideals of the lawful welfarestate that achieve social justice and general welfare of thepeople. Therefore, it is important to know the concept of advocacysuitable for the impoverished in a welfare state.]]>
<![CDATA[Role of Law Students in Providing Legal Literacy through Street Law ]]>
<![CDATA[Mulyani, Leni Widi]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20668
<![CDATA[Clinical Legal Education (CLE) is one of the programs that develop softskills for law students so that after graduation they’ll be ready to useand have a good spirit in helping others. The target group of theprogram are poor and/or marginalized who need help to get an accessto justice. CLE program consists of several activities, while the clinicwhich developed by the Faculty of law Pasundan University Bandung isthe provision of legal aid in the form of learning the law or the legalknowledge to those in need.]]>
<![CDATA[Clinical Legal Education in the Legal Aid Institution ]]>
<![CDATA[Ulfah, Maria]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20669
<![CDATA[Clinical legal education in a Faculty of Law can be done through the curriculum or ongoing regular activities outside the curriculum. Many campuses have implemented clinical legal education in the compulsory courses or elective courses. It would be good if the clinical legal education has been implemented in the course of one eye, but the setting of clinical legal education in a college course for which has not been set is not easy to do. Difficulty setting of clinical legal education in the subjects did not dampen interest in developing clinical legal education on the campus. Faculty of Law, Universitas Katolik Parahyangan (UNPAR) develop it through ongoing routine activities included in the "Pengayoman" Legal Aid Institution (Pengayoman). Various activities in Pengayoman intended to achieve community service in the field of law committed by the students and faculty for approximately. This paper intended to deliver an analysis of activities organized by Pengayoman with clinical legal education that stems from the United States, known in Asia, and growing in Indonesia. The analysis also endeavour to identify a variety of benefits and barriers to clinical legal education through outside the curriculum of the Law Faculty. This paper opens with input for clinical legal education more leverage and more innovative.]]>
<![CDATA[Relevance of Legal Capacity as Legitimate Terms of Agreement of Saving for Child in the Bank ]]>
<![CDATA[Ari, Muhammad As]]>;
<![CDATA[Imanullah, Moch Nadjib]]>;
<![CDATA[Setiono, Setiono]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20670
<![CDATA[Indonesia is law state such as inserted in constitutional 1945. Legitimation Indonesia as law state have the impact that all attitude have to relevance by law. Similarly act such as saving in the bank. The law Number 10 of 1998 concerning change of the law Number 7 of 1992 concerning the banking stated the definition account saving as follows: “account saving is savings who can be taken accord agreement of parties only, but it can’t be taken with check, billyet, giro ect”. The definition of account saving upon explain implicitly that terms of agreement of saving surrender parties (pay attention of sentence “according specialist term by parties”). The sentence upon is norm blanked should facilitate the child for saving independent according of the best interest of the child principle. But the banking decided use the general law about legal capacity one forbidden the child saving independent. The law one forbidden the child saving independent is going to give impact such as is blocked protective of law to interest child are for live, grow and develop for prepare the future their selves. Salving independent by the child are growth and development psychologically. According a research by Child and Youth Finance International said “the human one saving since child period is better than the human don’t save since child period. It’s mean attitude saving is going to become the child find best growth and the best psychological development.]]>
<![CDATA[Legal Assistance for the Poor in Rokan Hulu District of Riau Province ]]>
<![CDATA[Nofrizal, Nofrizal]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20673
<![CDATA[The emergence of Law No. 16 of 2011 on legal aid is expected to realizethe right society in obtaining justice. Empirically, it is known that thelaw is enjoyed by many people who has the ability to pay a lawyer oradvocate only. While the poor or who are not able to tend to resignwith the circumstances, so that the term appears that we often hear, theblunt law upward, sharp down. In Rokan Hulu district of Riau Provincethe district government together with the DPRD welcomed The lawimmediately drew up local regulations on legal aid for the poor. It isstated in the rules of the Regional Regulation Rokan Hulu No. 6 onlegal aid for the poor, but which became constraint is that in the areastill minimal LBH (Legal Aid Institutions) are eligible to give advocacyfor the poor in accordance with the requirements requested by thegovernment, the Legal Aid Institute who has been accredited by theMinistry of Law and Human Rights, and accredited by the Ministry ofJustice and Human Rights many conditions must be met so that whenthere is a credible Legal Aid Institution in the area want provide legalassistance to the poor, but cannot be done because of being knockedby requirements required by the government. The hope is that theaspirations of our country in realizing the rights of society in obtainingthis justice can be achieved, it needs further arrangements that lead toit the implementation of legal aid programs for these poorcommunities by taking into account the quantity of legal institutionsthere are and many conflicts that need to be given advocacy assistancefor these incapable people.]]>
