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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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Implementation of Legal Aid to Debtors Due to Arrears in Motor Vehicle Installments Executed by Debt Collectors as Impact of the Covid-19 Pandemic Sulistyowati, Widya Kurnia
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.v3i4.48295

Abstract

Based on Law No. 16 of 2011 on Legal Aid, Article 1 paragraph (1) states that Legal Aid is a legal service provided by legal aid providers free of charge to Legal Aid Recipients. Legal aid is a guarantee of legal protection and a guarantee of equality before the law, which is a constitutional right for every citizen. Because, the constitution guarantees the right of every citizen to get equal treatment before the law, including the right to access justice through legal aid. Due to the Covid-19 pandemic, many people are asking for legal assistance related to the case of installment billing by debt collectors. The debt collector itself is a third party, which has an agreement with the financing institution to make efforts to force the collection of debtor vehicles because it has not paid installments as agreed. The result of this paper is that under these circumstances there is another legal remedy, namely restructuring.
The Role of Legal Aid Institutions in Providing Legal Aid for Suspects and Defendants Setiani, Syalis Mei
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.v3i4.48297

Abstract

Indonesia is a state of law, one of which is equality before the law. One of the forms is the existence of legal aid institutions to protect human rights. In this case, it is the suspect/defendant whose rights are often violated due to the arbitrariness of the legal apparatus from arrest to trial. Even though legal rules and codes of ethics have been regulated, every law enforcement officer cannot guarantee that the rights of the community, especially suspects and defendants, are fulfilled. So that this legal aid institution takes the role so that people's rights, both legal protection, legal assistance, good treatment can be accepted by suspects or defendants, so that arbitrariness does not occur. For this reason, legal aid institutions recruit advocates, paralegals, lecturers, and law students to participate in implementing legal aid. Legal aid is given to the poor but does not rule out the possibility of giving it to children, persons with disabilities, women, the elderly, Indonesian workers, or other vulnerable people or groups in accordance with their regional context and regulated in laws and regulations. The suspect himself must be given to the suspect who is threatened with imprisonment of more than 5 years and is incapacitated or is threatened with a sentence of 15 years or death. Otherwise, the claim is considered invalid.
Go-Access to Justice System: Optimizing Prodeo Legal Aid as a Strategic Effort to Create Legal Aid Institutions with Integrity and Dignity Utama, Ananda Luhung Cahya
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.v3i4.48298

Abstract

Indonesia is a legal state so that it has logical consequences to provide recognition, guarantee, protection, and legal certainty for every citizen. In accordance with the mandate of Article 28D Paragraph (1) of the Constitution of the Republic of Indonesia, the state is obliged to provide legal protection facilities and legal assistance to citizens who cannot afford it. So that in Article 22 of Law No. 18 of 2003 concerning Advocates, it is mandated to Legal Aid Institutions to provide free legal aid to underprivileged communities which are part of social contribution and social liability. Advocates as officium nobile have an important meaning in the implementation of free legal aid, but in practice in the field, there are still some problems related to the implementation of free legal aid, both from external and internal factors. These problems are in the form of the uneven distribution of prodeo legal aid institutions in Indonesia and the weak monitoring and evaluation of prodeo advocates as well as the absence of performance appraisals and giving rewards to prodeo advocates who excel so that currently the provision of prodeo legal aid is less perceived by the poor. Therefore, the author provides a comprehensive solution through the GO-Access To Justice System as a strategic effort in realizing legal aid institutions with integrity and dignity.
Coffee and Counsel Clinic: Constructing a More Comfortable Place for Legal Aid in the Sub-Urban Community Waspiah, Waspiah; Rodiyah, Rodiyah; Setiawan, Andry; Cahyani, Kartika Fajar; Pertiwi, Adinda Ratna; Bimantara, Bayu
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.v3i3.48609

Abstract

Legal assistance is one of the needs of the community in the midst of many legal cases today. The existing consultations and assistance also seem formal and very rigid, such as being carried out in offices and the like. In fact, in the success of legal assistance, the comfort of both parties is the main key. This program emphasizes the development of a more comfortable pattern of legal assistance and consultation by combining coffee shops as an alternative place for legal consultation. This program was developed and implemented in Wanureja Village, Tegal, Kendal Regency, Indonesia. This place and program have continually provided clients with access to the best legal advice and representation available, all in an informal, stress-free setting with a low cost for the initial consultation. We meet you where you are most comfortable –an in-person meeting at an attorney’s office, a conversation at the local coffee house, or if you are disabled or incapacitated in any way, at your location.
Ethno-Religious Conflicts in Nigeria: A Threat to The Quest for National Integration Udom, Idongesit David; Okolie, Ugo Chuks
The Indonesian Journal of International Clinical Legal Education Vol 4 No 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.50116

Abstract

Nigeria as an independent nation cannot discuss her history without recounting her sad experience of one conflict or the other. Notable among these conflicts are those of communal, political and ethno-religious conflicts which often result in destructive violence. Out of all these, ethno-religious conflicts appear to have more implications to national development, security and integration in Nigeria. This paper is an empirical survey of existing literature through secondary investigations. The paper posits that colonialism and its capitalist ideological underpinnings and the transplanting of the same character traits to Nigeria bourgeoisie elements largely accounts for the ethnic divide pervading the Nigerian system. Over and above this argument is the malicious ethnic structures initially created by colonialism which has brought about continuous and contending ethnic strife in the Nigerian state to date. The position of this paper is also that the new trend of criminality and the gory tradition of terrorism and security lapses ravaging the country in most states of the North during the Jonathan’s administration and most states of the North-Central during the Buhari’s administration is akin to ethnic and sectional sentiments as well as ethnic bias. In view of this, the paper therefore attempts to draw explanations on why ethno-religious conflicts have become a permanent feature of Nigeria and its implications to national integration. This paper further takes a peep into the effects of ethno-religious conflicts on economic development in Nigeria. The paper sums up with policy recommendations and conclusion for peaceful co-existence in the 21st century.
Constitutionality of President’s Authority Regarding Lockdown Policy During the State’s Emergency Wahid, Deny Noer; Ramadhan, Febriansyah; Utami, Tasyabilla Pandi
The Indonesian Journal of International Clinical Legal Education Vol 4 No 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.54040

Abstract

The Article 22 of the 1945 Constitution of the Republic of Indonesia grants an exclusive authority to the president enacted as "legal dictatorial power", meaning that the President holds a sovereign authority to create and form regulations or laws independently without needing to discuss with the House of Representatives (DPR). The authority is to stipulate Government Regulation in Lieu of Law (Perppu). It refers to the president’s authority basis to run the regulation over the running government whose primary aims are to guarantee and to protect the citizen’s welfare. On the other hand, in respect of Indonesian constitutional system that adheres to the concept of decentralization, local governments also have the right to determine a situation/condition in response to the global pandemic situation. As a matter of the fact, so many overlaps are found in the exercise of policies and regulations under the authority of central and regional governments. Thus, the current research is aimed to strengthen the role of President as the head of state in dealing with the global pandemic issue and in applying lockdown with its all mechanisms. Practically, the research was carried out by means of normative legal research method associated with statutory, conceptual, historical, and comparative approaches. Furthermore, the research had found that the President appeared to be the supreme power holder over central governments, equipped with strong legitimacy in running the lockdown in accordance with juridical and empirical perspectives on the effectiveness of pandemic handling
Environmental Law Enforcement in Indonesia Through Civil Law: Between Justice and Legal Certainty Nugraheni, Prasasti Dyah; Aime, Andrianantenaina Fanirintsoa
The Indonesian Journal of International Clinical Legal Education Vol 4 No 2 (2022): Access to Justice: Problems and Challenges
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55763

Abstract

Enforcement of Environmental Law in Indonesia can be done in various ways. One way that can be done is to conduct a lawsuit in Civil Law to the competent court if the plaintiff suffers material or immaterial losses and suffers losses due to environmental damage around his area. There are various court decisions in the civil field, especially the new environmental scope. The new verdict can affect the growth and development of existing Environmental Law in Indonesia. If the plaintiff is the Ministry of Environment and Forestry who suffers material or immaterial losses, then the concept of proof in the judicial process can be called a strict liability suit. The problem written by the author in this journal is the enforcement of Environmental Law in Indonesia through Civil Law. In this journal, the writer uses the normative and juridical writing method, which is a legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the laws or general legal rules regarding Environmental Law enforcement in Indonesia through Civil Law and problem approaches that are based on a conceptual basis. The results of research conducted show that to enforce Environmental Law based on Civil Law in Indonesia, judges not only apply existing legal regulations, but judges must also apply other judicial matters so that existing Environmental Laws in Indonesia can experience progress and rapid development.
Role of Paralegal in Providing Access to Justice for the Poor: Comparing Indonesia and Malaysia Wicaksono, Muhammad Bagas Ragil; Maliki, Hakim Anis
The Indonesian Journal of International Clinical Legal Education Vol 4 No 2 (2022): Access to Justice: Problems and Challenges
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55774

Abstract

The Law on Legal Aid describes the duties and authorities of Paralegals, in practice several times it became controversial when previously paralegals were allowed to participate in proceedings in court, but after the Supreme Court's decision Number 22 P/HUM/2018 there were several articles that were deleted. Then, the role of paralegals can be maximized in providing legal assistance, especially for the underprivileged. The provision of legal aid can also be implemented properly if all stakeholders can synergize properly, one of which is with law enforcement as the cornerstone of the reflection of law in Indonesia. In several case studies, there have been many roles of paralegals who can provide non-litigation legal assistance to the general public, especially the poor and marginalized. In this case, there is concern about the role of law students which can also be maximized as a guard in legal counseling to the community, as well as sustainable assistance. It is hoped that the more people who are aware of the law will grow, the public's confidence in the law in Indonesia will also increase.
The Role of Law Clinics and Legal Aid Center in Providing Legal Aid for Vulnerable Group: A Case of Africa, Indonesia, and Australia Akintunde, Daniel; Choirunnisa, Sutiani; Fernando, Christoper Bastiaan
The Indonesian Journal of International Clinical Legal Education Vol 4 No 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55775

Abstract

Legal aid is a concept in response to the community's need for the adage "law is sharp down, blunt up". The existence of Law Number 16 of 2011 concerning Legal Aid cannot be separated from the legal reform agenda that gives citizens the right to obtain justice and the right to a fair and impartial trial, including through the provision of legal aid. Legal aid is part of the advocate profession which is a noble profession or officium nobile because it requires the defense of all people regardless of background, race, skin color, religion, culture, socioeconomic, rich-poor, belief, politics, gender, and ideology.
Protection of Women in Legal Cases: Objectivity of the Case Monitoring Process by Paralegals (Comparative Study of LBH APIK Semarang Indonesia and AWARE Singapore) Alif, Ahmad; Laura, Benjamin
The Indonesian Journal of International Clinical Legal Education Vol 4 No 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i1.55776

Abstract

The presence of paralegals is like an oasis in the middle of a barren desert. The presence of paralegals especially in Indonesia is a new hope for those who want to obtain structural legal assistance (Bantuan Hukum Struktural, BHS), structural gender legal assistance (Bantuan Hukum Gender Struktural, BHGS) and clinical legal education. This study highlighted that paralegals from their point of view as human beings who have a subjective and objective side, especially in their role as paralegals in the Legal Aid Institute which is more involved with legal issues against women (LBH APIK Semarang). In its mission, LBH APIK Semarang to provide legal assistance and assistance for women who experience injustice, violence, and various forms of discrimination. As comparison, this study also found that, AWARE Singapore recognized as the leading women’s rights and gender equality group in Singapore. AWARE provides a feminist perspective in the national dialogue. It has effectively advocated against laws, public policies and mindsets that discriminate against women. AWARE has contributed towards the strengthening of laws dealing with domestic violence.

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