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[Religious Tolerance: Does Indonesian Law Really Guarantee It? ]]>
<![CDATA[Akbar, Mar'ie Muhammad Falah]]>
<![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 ]]>
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DOI: 10.15294/ijicle.v3i1.43170
<![CDATA[Legal protection given by the state of Indonesia to the followers of religion as has been stated in the first principle of Pancasila the divinity of the Almighty, in which the state of Indonesia, although not a country based on a particular religion but the state of Indonesia is a religious country, so that every adherent of religion guaranteed their rights and legally protected from all actions that harm the adherents of that religion. Legal protection has been contained in the 1945 Constitution of the State of the Republic of Indonesia in Article 28 E, 28 J and Article 29. The rights and freedom of religion may be limited to its fulfillment if it has the potential to interfere and interfere with the rights and freedoms of others. This is in accordance with the principle of harm-principle proposed by Jhon Stuart Mill and the view of Asma Jahangir who argued that the concept of restriction of religious freedom is only at the level of the external forum.]]>
<![CDATA[The Capital Punishment for Narcotic Crime: Pros and Cons in Indonesian Legal System ]]>
<![CDATA[Kurniawan, Syigit Dony]]>
<![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 ]]>
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DOI: 10.15294/ijicle.v2i4.43171
<![CDATA[The implementation of the death penalty to the perpetrators of narcotic crime lately has been widely applied, it aims to give deterrent effect. The goverment has made many laws to prevent the narcotics crime. However, narcotic crime can be immediately lost from this country, because there are still many violate this law with still a lot perpetrators of narcothics caught by the autorities shows that the law in this country is still very weak. There needs to be a good law enforcement because it is well known to many that police and soldiers are also involved in drug trafficking as a “backing†for drug kingpin. This is certinly is very embrrassing thing because the police who are supposed to eradicate crimes are secretly involved in the crime itself, this is certainly verry worrying because if the police are involved in this crime let alone ordinary people. Certainly a lot of things we need to improve, the first is a legislation that should be more stringent and more strich punishment such as the death penalty itself, because with strich rules and firmly then then the perpetrators will think repeatedly to commit the crime. Secondly, need for self awareness in law enforcement like the police, they must realize that they are the key to eradication of drug trafficking in this country, they must be able to work well and professionally to keep their good name and combating this narcothics crime]]>
<![CDATA[Hate Speech and Its Threat to Law Enforcement ]]>
<![CDATA[Mathias, Jerico]]>
<![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 ]]>
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DOI: 10.15294/ijicle.v3i1.43172
<![CDATA[Hate speech accompanies intellectual freedom in new media (New Media). In the context of Indonesia, this phenomenon is very important during a political event such as legislative elections (pileg), presidential election (presidential election), or elections of regional head (pilkada). Since the 2014 presidential election, the term 'haters' was widely known, titled people with golden messages hateful to certain people or groups. Especially for netizens (youth users) - the Y and Z generation, the practice of communication with these hate messages should receive special attention. In addition to the heir of the nation, this is what coloring cyberspace now. They are native to the digital world (digital native). They are aware of the right to speak and express, but understand that the online realm is the public domain inherent in normative responsibility. This paper reviews efforts to send hate messages through hate speech legislation (Hate Speech) laws and how ITE laws against hate speech acts.]]>
<![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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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.]]>
