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[Discrimination Against Belief Towani Tolotang Society in the Implementation of Constitutional Law on Human Rights ]]>
<![CDATA[Sari, Intan Puspita]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 1 (2021): Indonesian J. Int'l Clinical Leg. Educ. (March, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v2i4.43173
<![CDATA[Freedom of religion has taken place in the constitution of the state of Indonesia namely the 1945 Constitution Article 28E paragraph (2). In fact, the implementation of the law on the exercise of freedom in embracing Caste is still often treated differently. You should be commonplace because of the many factors that affect the various tribes, cultures and beliefs in Indonesia. Since this already exists, the Towani Tolotang people who are believers demand rights to the local people not to discriminate against them. This study is expected to contribute to the improvement and affirmation of the constitutional law on Human Rights.]]>
<![CDATA[Multi-Party in Presidential System in Indonesia: What Does Democracy Mean? ]]>
<![CDATA[Widiastuti, Anita Indah]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 2 No 4 (2020): Indonesian J. Int'l Clinical Leg. Educ. (December, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v2i4.43552
<![CDATA[Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia has explained the form of the Indonesian state. The concept of trias politica assumes that state power consists of three kinds of power, namely legislative power/making laws or usually referred to as parliament (rule making of function), executive power/power to implement laws (rule application function), and power judiciary / power to adjudicate for violations of the law (rule adjudication function). The three powers in these state institutions are closely tied to each other and cannot be separated or there are checks and balances, which means that each branch of government divides its power distribution to other branches in order to limit its actions. This paper aims to analyze the Presidential system with the Multi-Party System in Indonesia in the context of democracy and the administration of state power.]]>
<![CDATA[The Problematic of Legislative Oversight in Nigeria: A Study of Delta State ]]>
<![CDATA[Ejumudo, Kelly Bryan Ovie]]>;
<![CDATA[Ikenga, Francis Ayegbunam]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.45572
<![CDATA[This study examines the problem of legislative oversight in Nigeria using Delta State as a case study. Four research questions were raised to guide the study and four null hypotheses were formulated for the study. The design of the study was a descriptive survey. The population of the study comprised 600 staff in the Delta State House of Assembly. The sample of the study consisted of 245 staff drawn from nine (9) departments using stratified and simple random techniques. The instrument used for data collection was the legislative oversight questionnaire and the collated data were analyzed using mean rating and chi-square. The findings of the study revealed that there is a significant relationship between politics of trade-off and pay-off between the legislators and the executive as well as poor commitment to oversight functions by the legislators and legislative oversight in Delta State. The study equally showed that there is a significant relationship between the culture of corruption as well as perceptual legislative subservience to the executive and legislative oversight in Delta State. The study recommended that that the legislature in Nigeria, particularly in Delta State, should be truly independent rather than operate and seen as a subservient extension of the executive arm of government, a new culture that is void of the politics of trade-off and pay-off between the legislature and the executive, as well as corruption, should be established.]]>
<![CDATA[How Do the Poor Get the Justice They Deserve? Study of the Legal Aid Law in Indonesia ]]>
<![CDATA[Faza, Muhammad Irfan]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46169
<![CDATA[Indonesia is a country that respects and upholds human rights. All Indonesian people have the same rights when confronted with the law. They have the same position and should not be discriminated against. economically disadvantaged people find it difficult to obtain a legal position. To examine this problem, the authors use the approach used is an approach using legal science and social science called the socio-legal approach. The poor who are experiencing legal problems has the right to get the same treatment as others. They are entitled to get assistance from advocates. The guarantee of the community to achieve justice can be interpreted as equal rights to obtain, use and benefit from the judicial process obtained through the courts or through informal mechanisms. Providing legal assistance to the poor does not always run smoothly, there must be obstacles that prevent it. However, despite experiencing obstacles in providing legal aid in Indonesia, it can already be said to be effective, proven by the many legal cases that use legal assistance without the need for the poor to pay.]]>
<![CDATA[Legal Aid in Indonesia: Problems and Challenges ]]>
<![CDATA[Gustaf, Muhammad Akbar Maulana]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46170
<![CDATA[In the 1945 Constitution of the Republic of Indonesia Article 28D Paragraph (1), it is stated that "Everyone has the right to recognition, guarantee, protection and legal certainty that is just and equal treatment before the law." Legal aid is legal services provided by legal aid providers free of charge to legal aid recipients, namely people or groups of poor people to obtain justice. Legal Aid Providers are legal aid organizations or social organizations that provide Legal Aid services based on Law no. 16 of 2011 concerning Legal Aid. With free legal assistance, people who are unable, in this case at the economic level, who are involved in the judicial process will receive relief from obtaining legal advisors so that their rights can be protected and the judicial process can proceed properly.]]>
<![CDATA[Juvenile, Prisons, and Justice: How Do Correctional Agencies Provide Legal Assistance for Children in Conflict with The Law? ]]>
<![CDATA[Anwar, Syaiful]]>;
<![CDATA[Galih, Mardella]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46171
<![CDATA[The Juvenile Justice System in Indonesia has a special feature where a child facing the law in criminal justice must receive special protection by law enforcers. One of them is the Correctional Center which has an important role in providing input from the police, prosecutors and courts as a form of realization of the protection of children's rights. Children who are included in the group whose rules are in the national and international human rights instruments must receive special protection by providing legal assistance and the state must be responsible for the fulfillment of these special rights. The issues raised in this paper are: What is meant by children dealing with the law and what is the form of legal assistance by correctional institutions (BAPAS) for children dealing with the law. The method used in writing this paper is descriptive qualitative analysis using primary legal material data, secondary legal materials, and other literature study materials.]]>
<![CDATA[Implementation of Legal Aid for the Poor as a Form of Practicing Pancasila Values ]]>
<![CDATA[Amin, Choerul]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46172
<![CDATA[Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms.]]>
<![CDATA[Access to Justice and Fair for the Poor: How Effective the Legal Aid Provided by Government? ]]>
<![CDATA[Setiawan, Dani]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46173
<![CDATA[Providing legal assistance to the poor continues by the government to realize legal access and justice for all levels of society. Several regulations regarding legal aid have been issued by the state through the law and implementing regulations, but the fact is that the provision of legal aid is not yet effective. This causes a lack of access to law and justice for the poor. The effectiveness of providing legal aid by the government needs to be assessed to see how effective the legal aid program provided by the government is to realize legal access and justice for the poor. Therefore, criticism and advice should be given to the government in order to optimize legal assistance in order to achieve legal access and justice for all levels of society.]]>
<![CDATA[Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia ]]>
<![CDATA[Wibowo, Ari]]>;
<![CDATA[Bangun, Michael Hagana]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46176
<![CDATA[The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.]]>
<![CDATA[Equality before the Law Principle in the Implementation of Legal Aid in Indonesia ]]>
<![CDATA[Bramantara, Rezal Helwin]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 3 No 2 (2021): Indonesian J. Int'l Clinical Leg. Educ. (June, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ijicle.v3i2.46177
<![CDATA[Legal aid is a legal service provided to the beneficiaries of legal aid according to Law No. 18 of 2003 on Advocates. Considering there are still many people who do not understand that in Indonesia there is also legal aid provided by lawyers at no cost. The ineffectiveness of the application in providing legal aid in Indonesia is a legal issue that is interesting to study more in order to determine the main problems causing lack of effectiveness in the provision of legal aid in Indonesia, which will look for solutions from an idea into a formulation as optimization of legal aid in Indonesia. The issue will be seeking legal issues in the implementation of judicial assistance and formulation of how the application of legal aid may be optimized. This article reviews the development of legal aid as legal services provided by lawyers to people who are not able to freely in Indonesia.]]>
