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The Indonesian Journal of International Clinical Legal Education
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27218368     DOI : https://doi.org/10.15294/ijicle
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 257 Documents
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State Responsibility to Provide a Free Legal Aid Access for the Poor and the Obstacles in the Implementation Kesuma, Derry Angling
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20710

Abstract

Access for the Poor to receive legal aid include in the area of criminallaw, Civil and Administrative-State, both litigation and nonlitigation.Legal Aid Litigation includes (1) Criminal cases, includinginvestigations, and trials in court I, appellate court, appellate hearings,and review; (2) Civil cases, including peace efforts or court decisions I,appellate court judgments, appellate court decisions, and review; and;(3) State administrative cases, including preliminary hearings and courtdecisions I, appellate court judgments, appellate court decisions, andreview. Obstacles and Constraints In the realization of Free LegalAssistance for People Not being able to factor their own lawenforcement officers is that the investigator who did not give the rightof suspects to legal assistance free of charge as mentioned in Article 56of the Criminal Procedure Code. Apparatus enforcer law ignoreobligations for pointed advisor law on free more caused becausein rules law we no juridical consequences that includes sanctions forinvestigators if not to say the rights of the suspect when theinvestigation or at all level examination. There are also constraints inproviding access to free legal aid for poor people, namely: a) lack ofsufficient budget for legal aid freely, b) In the constrained legal aiddisbursement by the certificate cannot afford, c) the defendant balks tobe accompanied legal advisors, d) There is still a court that has not hada POSBAKUM so that the Court finds it difficult to order a legal counselwho is willing to assist the defendant; e) Honors received by a relativelysmall legal counsel, f) A legal counsel appointed to assist a defendantwho is not able to be reluctant or often does not attend the hearingand does not appoint a replacement; g) If a defendant is unable toprepare a certificate of incapacity, because the defendant or theapplicant is in custody and they are not even domiciled or non-residentwithin the jurisdiction. This will result in the difficulty of disbursing thelegal aid funds
The Relevance of Clinical Legal Education for Law School on Preparing Legal Human Resources in Indonesia Suhadi, Suhadi
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20711

Abstract

The existence of human resources in the field of law, is increasinglydemanded by the society. In order to produce human resources in thefield of law, higher legal education needs to change the orientation ofeducation. Higher legal education needs not only to equip graduateswith technical abilities to analyze the legislation, but it also needs toequip them with knowledge to understand law and justice as a basichuman need. Clinical Legal Education is a learning model that developsinteractive and reflective learning, develops value-sensitive aspects oflaw purposes, instills the spirit of public service and social justice, andestablishes a basis for the development of responsible legalprofessionals. This means that, through the Clinical Legal Educationwhich gives students the opportunity to be willing to pay attention tothe empirical sides of the law. Using this way, the students' legalisticformalisticunderstanding will be enriched with their understanding ofvalues in the society. In this context, the Clinical Legal Education hasrelevance to the legal education in Indonesia in preparing thegraduates of law schools to become human resources in the field oflaw.
Clinical Legal Education for Human Rights Issues: How Students Can Implement Their Basic Knowledge of Human Rights in Reality Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20712

Abstract

Human rights was recognized as a fundamental issue both internationalcommunity and regional community like ASEAN. The student capabilityto transfer their knowledge concerning to the human rights wasbecome very important thing for legal development as well as lawenforcement. Through clinical legal education, students were beprepared to be available bring a justice in their real lives. Clinical legaleducation which specifically for human rights issues prepares studentfor lifelong careers in social justice advocacy around the globe. Throughthe Clinic, students join a community advocates working to promotehuman rights and recalibrate the global power imbalances that driveeconomic and political inequity, exploitation, threats to physicalsecurity, poverty, and environmental injustice. Through fact-finding,reporting, litigation, media engagement, advocacy, training, andinnovative method, the Clinic seeks to prevent abuse, advance respectfor human rights, and promote accountability for violations. The paperdivided into three main folds, first, how was the human rights issues onclinical legal education in some practices, second, how was the studentencourage the basic knowledge of human rights through clinical legaleducation, and three, how was the student use their knowledge in theirreality lives. The paper emphasized that, at the intersection of theoryand practice, the Clinic can be used as a laboratory for testing andmodeling new and innovative modes of human rights work, and seeksto be a model of rigorous and critical human rights advocacy. Thisincludes a focus on enhancing human rights methods throughinterdisciplinary partnerships, critical reflection on human rightspractice, and sustainable advocacy through attention to vicarioustrauma and resilience.
Civil Responsibility Model of Coastal State to Oil Pollution in the Sea as the Impact from the Stipulation of Dumping Area by Tanker Ship Purwendah, Elly Kristiani; Djatmiko, Agoes; Pudyastiwi, Elisabeth
The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20720

Abstract

The research findings reveal a pluralistic understanding of dumping within the Indonesian Legal System, evident in various laws, including Law No. 17 of 1985 on the Ratification of UNCLOS, Law No. 32 of 2009 on Environmental Protection and Management, Government Regulation No. 29 of 2014 on the Prevention of Environmental Pollution, Ministerial Regulation No. 136 of 2015 on the Second Amendment to Ministerial Regulation No. 52 of 2011 on Dredging and Reclamation, and Ministerial Decree No. 4 of 2005 on the Prevention of Pollution from Ships. Dumping countermeasures are primarily perceived as acts related to dredging and reclamation, identified as contributors to the silting of shipping channels. Notably, Indonesia has not ratified the London Dumping Convention, and there is a lack of a definitive list specifying wastes requiring special arrangements and absolute prohibition within the coastal states' territories. Consequently, compensation has not been prioritized as a state-led measure for marine environmental protection. The state's responsibility, enforced through the State Attorney, necessitates procedural formalities, including a special power of attorney. Collaborative efforts with relevant institutions, particularly the Ministry of Environment and Forestry, are deemed essential. The current landscape in Indonesia reveals overlapping authorities among agencies, leading to conflicting interpretations of civil lawsuit issues related to environmental damages. The proposed model advocates for centralizing environmental priorities within the Ministry of Environment and Forestry, coordinated through the State Attorney, as a strategic step towards addressing these complex issues.
Collective Violence and Social Disintegration: A Study of Mass Violence as a Trigger off Crime and The Loss of Social Values in Society Utari, Indah Sri
The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20721

Abstract

This study delves into the intricate interplay between collective violence and social disintegration, examining the repercussions of mass violence as a trigger for heightened criminal activities and the erosion of societal values. Through a comprehensive analysis of historical and contemporary instances of collective violence, the research aims to unravel the complex mechanisms that link such events to an increase in criminal behavior and the gradual breakdown of fundamental social norms. The investigation explores psychological, sociological, and economic dimensions to illuminate the multifaceted impact of collective violence on the fabric of society. The study endeavors to uncover how these violent events contribute to a loss of trust, exacerbate socio-economic disparities, and foster an environment conducive to criminality. By understanding these dynamics, the research seeks to provide valuable insights for policymakers, law enforcement, and community leaders. These insights can inform the development of effective strategies to mitigate the impact of mass violence on crime rates and work towards the preservation of foundational values that underpin social cohesion.
An Employment Law Clinic: Developing of Student's Capacity through Clinical Legal Education in Employment Matters on ASEAN Economic Community Era Sulistiyono, Tri; Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20722

Abstract

The legal clinic, a pivotal component of law school programs, offers law students valuable practical experience while providing pro bono legal services to diverse clients. In the context of the ASEAN Economic Community (AEC) Era, the challenges posed to regional communities, especially Indonesia, in navigating a free trade area underscore the importance of legal education in employment law. Given the heightened trade activities, a profound understanding of employment law becomes essential not only for practitioners but also for students and law school graduates. In response to the changing landscape, an employment law clinic emerges as a crucial resource, offering free legal advice on various employment matters to address the escalating drop in claims due to the introduction of employment fees. This service becomes indispensable in mitigating non-litigated violations of employment law resulting from financial barriers. This paper explores three key aspects: first, the role of an employment law clinic in law school legal education as a foundational preparation for the AEC era; second, its utilization by students to enhance their capacity in employment matters; and third, its provision of legal services in the international trade law context, particularly focusing on labor and employment law issues. Emphasizing employment law issues such as illegal pay deductions, employment discrimination, unfair dismissal, zero-hour contracts, and trade union freedom in Southeast Asia, the paper advocates for collaboration between the clinic, companies, governments, practitioners, and lawyers to ensure its effectiveness and relevance.
Clinical Legal Education in Indonesia Objectives and Advantages Rodiyah, Rodiyah
The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20801

Abstract

Clinical Legal Education (CLE) in Indonesia embodies a transformative approach to legal education, with distinct objectives and advantages. CLE's primary goals include enhancing practical skills, bridging the gap between theory and practice, and fostering a sense of social responsibility. Through real-world engagement, students develop crucial skills like legal research, client counseling, and courtroom advocacy. The objective of promoting community engagement aligns with Indonesia's commitment to social justice, encouraging legal practitioners to address the needs of marginalized communities. Additionally, CLE contributes to ethical and professional development, guiding students through real ethical dilemmas to establish a robust ethical foundation. The interdisciplinary nature of CLE promotes collaboration with professionals from various fields, providing students with a holistic understanding of legal issues and their broader societal implications. The advantages of CLE in Indonesia are manifold. Graduates with CLE experience exhibit enhanced legal competence, making them highly sought after by employers. This practical skill set not only increases employability but also positions graduates to excel in a rapidly evolving legal landscape. The networking opportunities facilitated by CLE contribute to the building of professional relationships crucial for career advancement and mentorship. Moreover, CLE students become agents of legal reform, actively contributing to improvements in the legal system and its responsiveness to societal needs. In essence, CLE in Indonesia stands as a catalyst for producing socially conscious, skilled legal professionals equipped to address the challenges of the legal profession.
The Education for Gender Equality and Human Rights in Indonesia: Contemporary Issues and Controversial Problems Larasati, Ayu Maulidina; Ayu, Novia Puspa
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v2i1.37321

Abstract

This paper is motivated by the many legal issues concerning human rights issues that occur in the Indonesian education sector, especially regarding gender discrimination. Gender is the differentiation of roles, functions and responsibilities between women and men resulting from socio-cultural construction and can change according to the times. This paper discusses the main issues of gender in the perspective of human rights and gender equality education in Indonesia. Gender is a gender difference that is not caused by biological differences and not God's nature, but was created by both men and women through a long socio-cultural process. Differentiating the roles, functions and responsibilities of men and women in this social context is basically not a problem, but when examined more deeply it can be a cause of the emergence of gender discrimination, which is one of the sexes whose basic rights are neglected, left behind and experiencing problems of injustice.
Rights to Education for Poor Peoples: How The Country Protect Them? Widyantoko, Luthfi
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v2i1.37322

Abstract

This paper discusses the rights of the poor and marginalized in obtaining the right to education as one of the basic human rights. This paper is based on the condition that the urgency of educational development is one of the top priorities in the national development agenda. Educational development is very important because of its significant role in achieving progress in various fields of life: social, economic, political, and cultural. Therefore, the Government is obliged to fulfill the rights of every citizen in obtaining education services in order to improve the quality of life of the Indonesian people as mandated by the 1945 Constitution, which requires the Government to be responsible in educating the life of the nation and creating public welfare. The lack of equal distribution of education in Indonesia is a classic problem which until now there has not been any strategic steps from the government to handle it. This paper confirms that the achievement of the right to education in Indonesia has not been achieved and is motivated by several key factors, among government policies. In addition, human resources and infrastructure are also one of the causes of unequal access to education in Indonesia.
The Settlement of Abuse of Authority by Government Officials Puhi, Oyaldi; Akili, Rustam Hs; Moonti, Roy Marthen
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v2i1.37323

Abstract

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.

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