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[System of Recruitment of Legal Profession in a Nation of Law of Pancasila ]]>
<![CDATA[Anam, Saiful]]>
<![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.v1i01.20675
<![CDATA[The regulation of system and mechanism of recruitment of legalprofession like Advocate/ Lawyer and Notary Public still has a numberof weaknesses, and it also still raises some issues in Indonesia. There arestill problems in the recruitment of advocates, for example, we find thatthere are multiple mechanisms used by advocate organizations. Someadvocate organizations still implement the professional education ofadvocacy as the requirement for the candidates to get the exam, andthere are also some advocate organizations that require the candidatesto take the exam before getting the professional education. Someproblems do also exist in the profession of notary public, in which thecandidates should obtain Master of Public Notary. On the other side,some professional education could be implemented by non degreesystem, however, most of the professional educations are implementedthrough advanced educational systems. For example, when thecandidates of notary public completed the notary school, then they willbe awarded Master of Public Notary. The researcher used normativeand sociological legal research method, and therefore, this researchwould generate the recruitment system of legal profession that is inaccordance with the values and principles in the Pancasila-basedNation of Law.]]>
<![CDATA[Enhancing Capacity of Law Students on ASEAN Economic Community as Internationalization of Legal Education in Indonesia ]]>
<![CDATA[Salsabila, Selfira]]>;
<![CDATA[Bagaskara, Faizal Aditya]]>;
<![CDATA[Rahmawan, Chandra Dwiki]]>
<![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.v1i01.20677
<![CDATA[Indonesia nowadays, becomes one of the countries faced ASEANEconomic Community Era (AEC) as integrated regional economicactivities in Southeast Asia. The competitive of market, including in lawcareer area was become more challenging in AEC era. Internationalmobility activities among AEC members recognized as one of indicatorthat, Indonesia and other countries, working together in many aspects.Internationalization of law school to improve the quality of graduatesrecognized as the important thing in this era. Internationalizing of legaleducation for law school in Indonesia have to be done to face a globalcompetitive. Faculty of law or Law School as an institution that preparesstudents to be able to bring justice both theory and practice. This paperwould examine two main issues, first, is how was internationalizing oflegal education in Indonesia on facing AEC era, and second, is how thisinternationalizing can be optimized by students to develop their skillsboth theory and practice. The paper highlighted some real steps can bedone to improve the students capacity on legal learning method to faceAEC era, for the example, students are encourage to be able in Englishas international language. Faculty have to obligate and facilitatestudents to join some English training and TOEFL test preparation byfreely. Besides, Faculty also have to provide the update and sufficientbook references in law library. According to data at National Universityof Singapore (NUS) and Nanyang Technological University (NTU) ofSingapore, ratio of comparison between students and books are 1:50,meaning that 50 books provided for one student. Enhancing thestudent capacity also have to be endorsed by enforce and provokestudents to join some international competitions, and lecturers have toinvolve students on their legal projects.]]>
<![CDATA[The Ideal Model of Law Education to Achieve Progressive Law Enforcement ]]>
<![CDATA[Sudiyana, Sudiyana]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20680
<![CDATA[The legal education in Indonesia tends to produce graduates whobelieve in legal positivism. The principle of legal positivism runs asfollows. Firstly, it encourages law enforcers to think and act in any legalformalistic way. Secondly, it places judges as the mouthpiece of the law;who cannot express to make decisions that satisfy a sense of socialjustice and substantive justice. How the ideal model of legal educationis formed in order to create more progressive law enforcement. Thisarticle is based on the socio-juridical approach by underlying theanalysis of the law and regulations which are related to the applicationof legal education in the community. The legal education is oriented tolegal positivism that results in law enforcement with the understandingof law based on the abstract values, not on the values that live andthrive in society, so that the understanding of the law in a legal sense ismore repressive, and not responsive. Law is understood as unfunctionaland un-pragmatic things therefore understanding of law isthe law that merely protects the elite group of citizens, in such a waythat equality before the law and the rule of law don’t work. Legaleducation in the future should be based on the sociological aspects ofprioritizing the principles of social justice and the benefits for thecommunity, instead of legal certainty only. Legal education will producea responsive law enforcement that put substantive fairness and socialjustice as a legal purpose.]]>
<![CDATA[Actualization of Archiepelagic Concept in Legal Curriculum to Create Integrity Law Graduates ]]>
<![CDATA[Diniyanto, Ayon]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20689
<![CDATA[According to the Constitution of 1945 Indonesia recognized as a rechstaat, which means that every State activities have to be based on legal formal instrument. Meanwhile, in the practical, law enforcement in Indonesia still not appropiate as people as expected. Many factors lead to poor law enforcement in Indonesia from the legal substance, legal structure, and legal culture. The condition is certainly very problematic when law enforcement cannot enforce the justice. Its means there are various factors lead the poor quality of law enforcement in Indonesia. Educational factor on the legal study is fundamental to create law enforcement with integrity and fairness. No wonder when the legal education into the public spotlight rarely. The legal education have not been able optimally to create law enforcement with integrity.]]>
<![CDATA[Law Construction in Modern Society ]]>
<![CDATA[Arief, Sofyan]]>
<![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.v1i01.20693
<![CDATA[The effectiveness of law as a tool for social construction should ideally enhance our societal framework and address the challenges of the evolving era. However, contemporary observations reveal a growing lack of trust in the legal system. Critics point to perceived deficiencies in the quality of laws as agents of social construction and in achieving substantive justice. Moreover, a palpable anxiety surrounding a legitimacy crisis is evident. The role of law as a medium for social construction, aiming to establish a just and prosperous society, faces considerable resistance. Understanding the root causes behind society's struggle to interpret and embrace the purpose of law as a social construction instrument becomes imperative. The inadequate level of legal awareness among the populace is closely linked to issues such as educational disparities. The existing education systems, patterns of regulatory socialization, and restricted public access to information contribute to a diminished recognition of the importance of law. Addressing these challenges necessitates a focus on education as a viable solution. By elevating legal awareness, it is anticipated that the propensity for individuals to contravene the law would diminish. Therefore, investing in public education emerges as a promising strategy to foster the realization of a modern, constructively developed society.]]>
<![CDATA[Looking at Citizens Indonesia's Local Wisdom through Law Sociological Approach for Efforts to Maintain the Richness of Nation ]]>
<![CDATA[Solin, Debora Aswinda]]>;
<![CDATA[Iryanto, Wisnu Pratama]]>
<![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.v1i01.20703
<![CDATA[This paper employs a law sociological approach to explore and analyze the local wisdom of Indonesian citizens, aiming to understand its role in preserving the cultural richness of the nation. By delving into the intricate interplay between local customs and legal frameworks, the study sheds light on how traditional practices contribute to the social fabric. The research emphasizes the significance of recognizing and integrating local wisdom into legal considerations for fostering a harmonious coexistence of cultural diversity within Indonesia. Through this interdisciplinary lens, the paper advocates for an inclusive legal framework that not only respects but actively incorporates the indigenous knowledge and practices of the citizens, thereby contributing to the sustainable preservation of the nation's cultural heritage.]]>
<![CDATA[The Sociological Perspectives in Case Study: Empowering Student Capability based Law in Action Method in Indonesia Legal Education ]]>
<![CDATA[Rajib, Rayi Kharisma]]>;
<![CDATA[Athar, Soultan]]>;
<![CDATA[Bafaleo, Careno]]>
<![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.v1i01.20705
<![CDATA[Lack of application of law by the students in the life, is a problem thatmust be addressed immediately. The law is not just a "Law in Books",but must also "Law in Actions", Law in reality. And this is where thesociology of law plays an important role in making them. This paper willexamine how the sociological perspective to strengthen the capacity ofstudents based on the method of Law in Action in Education Law inIndonesia. As well as reviewing about the sociological perspective inlegal education, sociology of clinical legal education, a variety of casesthat occurred in the sociology of law and social law research. studentshave significant potential as a leading fighter in the change of theIndonesian nation. But not a few students who do not understand theirtrue responsibilities. And also do not know, understand and practice theTri Dharma Perguruan Tinggi which is a unity that cannot be separated,because the obligation of a student not only learn on campus for justscience, but he has obligations that must be borne in accordance withTri Dharma Perguruan Tinggi .]]>
<![CDATA[Internationalization of Legal Education in Indonesia: Insights from Faculty of Law Universitas Negeri Semarang ]]>
<![CDATA[Sastroatmodjo, Sudijono]]>;
<![CDATA[Muhtada, Dani]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20706
<![CDATA[today’s global era. While the internationalization of higher educationhas been defined as “the process of integrating an international,intercultural and global dimension into the goals, teaching/learning,research and service functions of a university or higher educationsystem†(Knight, 2014), the internationalization of legal education refersto such a process at the schools of law around the world. Severalfactors have contributed to the increasing need for such aninternationalization of legal education. These factors include theincreasing demand for transnational legal practices and the emergenceof legal problems that occurred across international boundaries. Thisarticle discusses the internationalization of legal education in Indonesia,focusing on the practice of international program offered by Faculty ofLaw at Universitas Negeri Semarang. The article analyzes the strengthsand opportunity of the program as well as its weaknesses and threats.The picture of the international program at the Faculty of Law atUniversitas Negeri Semarang may not reflect the general picture of theinternational programs in many Faculties of Law at Indonesianuniversities. However, it can provide a glance on how theinternationalization of legal education has been practiced by a publicuniversity in Indonesia. The article starts with a discussion ontheoretical views on the internationalization of legal education. Then itpresents why internationalization of legal program is needed and howit should be practiced in the Indonesian context. It then provides acritical analysis on the practice of international law program atUniversitas Negeri Semarang. Some strengths and weaknesses of theprogram are discussed. A recommendation to improve the quality ofthe international program at the Indonesian Faculties of Law ispresented afterwards.]]>
<![CDATA[The Urgency of Clinical Legal Education through Developing of Legal Aid on Campus as an Effort to Realize a Humanist Law ]]>
<![CDATA[Winarsih, Winarsih]]>;
<![CDATA[Wulandari, Cahya]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20708
<![CDATA[Legal education is an important things for law enforcement in Indonesia becauselaw enforcers were born from a legal education. Nowadays in the law enforcementthere are many problems, one of which is the law enforcement that do not providea justice because law enforcer only became the implementer of law. Theseconditions make a law could not fulfill the needs of society. Law tend to be rigidand interpreted as a regulations, whereas according to Satjipto Rahardjo stated thatthe law qualities are determined by the ability to serve the society. Lawenforcement nowadays are inseparable from the legal education, where thestudents are taught with a variety of legal theories, judicial practices in severalcourses and internship. However, this is not able to result the graduates who areable to put a law to serve the society. In addition, the students tend to be begin bythe difference between theories and legal realities. Basically, there are legal aid oncampus that can be used as a means to solve these problems, but the existence oflegal aid cannot be utilized properly. Therefore clinical legal education throughdeveloping of legal aid are needed to solve these various problems. This paperdiscusses two main issues: the first, how are the urgency of clinical legal educationthrough developing of legal aid on campus? The second, how are theimplementation of clinical legal education through developing of legal aid oncampus? The results of this paper are: the first clinical legal education throughdeveloping of legal aid on campus is important to make the students understandthe society problems. Additionally after graduation, the students are expectedbecoming law enforcer who provide justice. Furthermore the graduates of the legaleducation are expected to enforce the law progressively based on the value ofjustice. The second, clinical legal education are implemented through the studentwith given more time to practice in the society so that the students know thevarious problems in society and compare with the legal theories. Furthermoreparadigm of the lecturer is also need to be changed with directed to give practicalcourses so that the students know the case directly in the society. Optimizing theexistence of legal aid on campus also become important things because it can beused to the students to provide services toward the society on campus. These waysare expected to the students who are able to practice in the society and makehumanist law.]]>
<![CDATA[Balancing Principles of Legality in Teaching Legal Studies ]]>
<![CDATA[Masyhar, Ali]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20709
<![CDATA[Principle of legality is a fundamental principle in criminal law, in which at the beginning of its birth, it was an oasis amid confusion of legal uncertainty. In the past, the law belonged to the king. People had no right to know whether or not that their actions were considered unlawful, all of them depend on subjectivity of the king. With this principle, the king no longer had a role to decide whether or not that a person is wicked but he was deprived of that authority. Everything was left to the judiciary (judge), even judges were only limited to apply the rules, as it should not be more and less. Whether or not someone is wicked, it clearly has been constructed in a rule. The rules define whether or not that the act was criminal. Next consequence was no crime beyond the written rules. Thus, disgraceful acts that harm the community will not be subject to criminal law (based on customary law), it will not be subject to criminal sanction if it is not formally formulated in criminal law. This is the main drawback of this principle of legality. If applied rigidly, then the next drawback is likewise very likelyto happen. A person will be easily criminalized if it has grazed the written rules, although in real sociological terms there is no legal injury and no harm to both material and immaterial.]]>
