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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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Cross Carpeting and the Challenges to Democratic Culture and Political Stability in Nigeria's Fourth Republic Okolie, Ugo Chuks
The Indonesian Journal of International Clinical Legal Education Vol 3 No 3 (2021): Indonesian J. Int'l Clinical Leg. Educ. (September, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i3.48270

Abstract

Cross carpeting is an act of swapping political parties. It is an act of changing party allegiance or moving from one party to another. Cross carpeting in known by different nomenclature such as party hopping, party switching, party crossover, party defection, party decamping, floor crossing, canoe-jumping, political party prostitution and political nomadism. The spate of cross carpeting at all the levels of government in Nigeria is beginning to cause serious political tension, hostility and a source of worry to Nigerians. It is against this backdrop that this study seeks to examine the effect of cross carpeting on democratic culture and political stability in Nigeria’s fourth republic. Cross - sectional research method was adopted and data was collected via a survey of 300 respondents in south – south geopolitical zone of Nigeria. Data collected were analyzed using correlation and linear regression analysis with the aid of Statistical Package for Social Science (SPSS) version 23. The findings of the study revealed that cross carpeting negatively and significantly impacts on democratic culture and political stability in Nigeria’s fourth republic. On the basis of these findings, the study recommends among others that every political party should have ideologies, programme and policies which will serve as a compass to their members and discourage them from defecting to another party.
Providing Legal Aid in Facing Cases for Underprivileged Communities at the Religious Courts of Semarang City Pratiwi, Andjeng
The Indonesian Journal of International Clinical Legal Education Vol 3 No 3 (2021): Indonesian J. Int'l Clinical Leg. Educ. (September, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i3.48271

Abstract

This research aims to generate understanding through analysis related to legal regulations on legal aid and their application of Law 16/2011 concerning Legal Aid including several other implementing arrangements at the Semarang Religious Court. The form of the application of legal aid is implemented with the intention that people who are unable to obtain justice facilities through the implementation of legal aid by advocates. The provision of legal assistance at the Semarang Religious Court in cases of underprivileged communities has not run optimally as evidenced by advocates who handle a number of cases related to legal aid according to Law 16/2011 with a percentage of less than 10% of all cases that have been received. . The ambiguity of legal norms becomes a juridical obstacle in the regulations that have the authority to provide legal aid between Law 20/2009 on Religious Courts and Law 16/2011 on Legal Aid, namely the lack of socialization of the Law on Legal Aid. So that the impact results in the "lack of public knowledge" of legal services; lack of institutional knowledge outside the court; and the lack of coordination between courts and institutions that provide legal assistance; The limited budget available in the APBN to assist in the provision of laws is also an obstacle in handling a case if the case continues to the level of appeal, the level of cassation, and even the level of judicial review.
Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges Andhini, Alycia Sandra Dinar
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48272

Abstract

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.
Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense Ihwan, Miftakhul
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48273

Abstract

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA.
The Poor and Justice: Implementation of Legal Aid for the Poor in Indonesia (Problems and Solutions) Hapsari, Judith Prima
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48274

Abstract

One manifestation of justice or equality before the law is the existence of legal assistance for every citizen involved in legal problems, without exception the poor. The legal problems that ensnare many poor people or groups are currently increasing complex. Legal aid is a human right of all people, which is not given by the state and is not a mercy from the state, but is also the responsibility of the state in realizing equality before the law, access to justice, and fair trial. Therefore, the government made and ratified a regulation that regulates legal aid, namely Law Number 16 of 2011 concerning Legal Aid. This research is intended to analyze the implementation of legal aid for the poor communities in the context of access to justice in Indonesia.
The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice Safi’i, Muhlis
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48275

Abstract

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God".
Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor Azifah, Chairani
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48281

Abstract

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.
Implementation of Legal Aid by the Local Government (Case Study of the Local Government of Jember Regency) Syahara, Tiara Putri
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48282

Abstract

Basically, the right to obtain defense from an advocate or public defender (access to legal counsel) is a human right of all people and is one of the elements to obtain justice for everyone. However, in reality, local governments generally only provide legal assistance on a non-litigation basis where its implementation does not burden the regional budget at all. Based on this, the researchers made two problem formulations, namely 1). How to protect the community through the provision of legal aid and 2). How is the implementation of the provision of legal aid by the local government? The author uses a normative juridical research approach. From the results of the study, it was found that the provision of legal aid is not only regulated in the Constitution but is also regulated in the regulations below it up to the Regional Regulation level. Local governments can allocate funds for the implementation of legal aid in the APBD.
Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight Lutfiyah, Khoirum
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48292

Abstract

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.
Transcendental Approach in Legal Aid Concept in Indonesia: A Philosophy of Law Perspective Fadli, Muhamad Akhsanul
The Indonesian Journal of International Clinical Legal Education Vol 3 No 4 (2021): Indonesian J. Int'l Clinical Leg. Educ. (December, 2021)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v3i4.48293

Abstract

Legal aid in Indonesia, especially in terms of access to justice, legal aid provided by the state to the people still relies on positive law. The law governing legal aid in Indonesia still revolves around the number of cases and the budget absorption target given to legal aid institutions that have been verified and accredited by the state for people/groups in need. Verification and Accreditation from the state with the parameters written in the law prevent those who need legal assistance if they are not categorized as poor. The requirement of the poor to access legal aid implies that access to legal aid for everyone in conflict is far from fair. Access to legal aid is very important because the goal of law is justice. In addition, legal aid aims to provide justice for those who do not have legal knowledge, in other words, are blind to the law. Justice for all is the pulse of legal aid that cannot be separated from the right to legal aid for those in need. Legal aid can be managed by the community, legal aid institutions/institutions that should provide access to those who need legal assistance and those in dispute, both poor and rich, so that justice for all is achieved. This study discusses the transcendental dimensions of legal aid. This study uses a descriptive research method that aims to analyze legal aid from aid agencies seen from the study of legal philosophy and legal aid with a transcendental dimension.

Page 21 of 26 | Total Record : 257

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