Law Research Review Quarterly
The Law Research Review Quarterly is intended to be a national and international journal that provides a forum and forum for academics, legal practitioners, legal observers, students, researchers and the general public who have an interest in the field of legal science. This journal covers all fields of law, including: Criminal Law, Civil Law, State Administrative Law, International Law, Business Law, Human Rights Law, Tax Law, Land Law, Agrarian Law, Sea Law, Diplomatic Law, Law and Society, Philosophy of Law, Comparative Law, Procedural Law, Sociology of Law, Criminology, Victimology, Law and Gender, Islamic Law, and various other relevant fields of law studies. This journal is published every three months (four times a year) both online and in print.
Articles
531 Documents
Special Autonomy of Yogyakarta in the Context of Local Autonomy Law
Sidiq, Muhamad Abdulah
Law Research Review Quarterly Vol 7 No 4 (2021): L. Research Rev. Q. (November 2021) "The Intersection of Law and Politics in Vari
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v7i4.48191
Local government is the authority of the autonomous regions to organize and manage the interests of local people according to their own initiative based on community aspirations in accordance with the laws and regulations. In response to the demands of government reform quite quickly, it has undertaken a sufficiently fundamental breakthrough of the various laws in the political field from the centralist-autoritarian to the autonomous-democratic. After successfully compiling the three laws on the political field that became the basis of the election in 1999 the government immediately followed him with a new law in the field of special politics on power relations between the central and local, namely Law no. 22 of 1999 on Regional Government and Law No. 25 of 1999 on Financial Relations between Central and Regional. The formation of regions is basically intended to improve public services in order to accelerate the realization of community welfare as well as political education at the local level. Considerations and other conditions that enable the area to organize and realize the purpose of the establishment of the region and the granting of regional autonomy. The Government may designate special areas in the autonomous regions to carry out specific government functions that are specific to national and / or national-scale interests "special" for the interests and benefit of Indonesia. One of these special autonomous regions is the Special Region of Yogyakarta that has been recognized special autonomous region in Law No.13 of 2012 on the privilege of Yogyakarta.
Contractual Marriage (Nikah Mut’ah): Comparing Islamic Law and Civil Law
Izat, Akrimatul
Law Research Review Quarterly Vol 8 No 3 (2022): Contemporary Issues on Justice and Sustainable Development
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.48203
A marriage contract is a temporary marriage in accordance with an agreed contract between the bride and groom and will end by itself if the contract is exhausted. Indonesia as a country that upholds religious values and norms of society is certainly very critical in determining the validity of a marriage. Marriage of contracts in Indonesia is difficult to record. Because the marriage of the contract is carried out in addition to not being recorded by formal judicial is not regulated in any regulation so it can be said that the marriage contract in Indonesia is not recognized and does not apply the law. Also in Islamic law also does not allow the existence of contract marriage is based on the words of the Prophet SAW. The marriage of the contract also has many consequences to the wife and the offspring of the marriage of the contract.
The Legal Protection of Prisoners with Disabilities in Class IIA Prison of Pekalongan
Ashraff, Mohamad
Law Research Review Quarterly Vol 8 No 2 (2022): Justice and the Aspect of Legal Certainty and Protection
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.51099
Security Protection of Prisoners Persons with Disabilities have not been regulated in Law Number 12 of 1995 concerning Corrections, but Law Number 8 of 2016 concerning Persons with Disabilities regulates the Guarantee of Protection for Prisoners with Disabilities. The problem in this research is how is the juridical point of view on the guarantee of protection for prisoners with disabilities at the Class IIA prison in Pekalongan, and how is the guarantee of protection for prisoners with disabilities in the future. The purpose of this study was to determine the guarantee of protection for prisoners with disabilities in Class IIA prison in Pekalongan and the guarantee of protection for prisoners with disabilities in the future. The research that uses the type of legal research used is sociological juridical, the research specifications used are analytical descriptive, the data collection method used is primary data and secondary data, and the data analysis used is qualitative. This research can result that the Protection Guarantee for Prisoners with Disabilities has not been regulated in Law Number 12 of 1995 concerning Corrections but in fact the Protection Guarantee has been applied to Class IIA prison in Pekalongan and the Draft Law on Corrections which is the drafting process should regulate the Protection Guarantee against prisoners with disabilities.
Indonesia’s Cooperation with ASEAN Countries in Handling Transnational Crime Cases: South China Sea Dispute
Setyawati, Anak Agung Ayu Diah;
Amandha, Asyaffa Rizdqi
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.52813
The dispute over the South China Sea is one of the disputes that has a high potential for conflict, especially in the ASEAN region. The South China Sea is a sea that irrigates many countries, such as Brunei, Malaysia, Vietnam, the Philippines China, Taiwan and Indonesia itself. Many things belong to the South China Sea, ranging from strategic interests and natural resources owned by the South China Sea. ASEAN in general and Indonesia specifically want territorial disputes in the South China Sea not to escalate into armed conflict. Therefore, Joint Development Authorities are formed in overlapping claim areas to develop the area and share the proceeds fairly without resolving the issue of sovereignty over the territory. Although not directly involved, Indonesia is neutral in disputes in the South China Sea. Indonesia has an interest in reducing the potential for such conflicts. The legal and diplomatic approach in the South China Sea conflict has been carried out by Indonesia for a long time, since the first president to the seventh president, President Jokowi and until now Indonesia is actively conducting diplomacy to realize a conducive and peaceful territorial area.
Profit Sharing Agreement Between Eti Country and Petuanan Area In the context of Capacity Building
Sopamena, Ronald Fadly
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.53321
In Eti Village, which is located in the West Seram sub-district, West Seram Regency, there is still an agreement for marine and plantation products sharing between the Petuanan Region and the State Government of Eti Village as the parent country in the context of capacity building. This Profit Sharing Agreement is known as the ngase system and has been implemented from 1979 to 2021This study aims to identify and analyze the profit sharing agreement from the Petuanan Area to the Parent State in the context of capacity building, and also the legal consequences of the revenue sharing agreement from the Petuanan Area to the Parent State in the context of capacity building. In accordance with the problems and objectives of this research, the type of research used is sociolegal research, namely a combination research method between doctrinal law research methods and empirical legal research methods. Based on the author's study, the ngase system is a profit-sharing agreement in oral form which is applied in the Eti Country and applies as an agreement so that it has binding legal consequences.
The Legal Protection For Labours According To Indonesian Laws
Safitri, Selvy Cahya
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.53759
In this modern era, many new companies are emerging and requiring a lot of labours to operate to earn profit which can give positive influences to the involved parties or the national economy. Yet, among those labours, many of them don’t understand or even know that they have rights and obligations that become their legal protection which have been regulated by the laws. For that reason, the writers wrote this article in order to make labours know and understand about things which become legal protections for labours. This research is a descriptive analytical research and was conducted by using normative juridical approach. The writers collected primary and secondary data which are relevant to the problems. The writers were using labours’ law in Indonesia which are Law No. 13/2003 concerning employment which regulate everything about labours and Law No. 2/2004 concerning Industrial Relations Dispute Settlement which contains a procedure in a case where the labour’s rights are not fulfilled and ignored by the employer which can create conflicts between the labours and their employer.
The Legal Protection for Child Perpetrators and Victims of Revenge Porn in Indonesia
Rumondor, Jenaya Adra;
Jennifer, Graceyana;
Desintha, Pande Ketut Natalia
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.53802
The development of the digital world brings so many benefits to human life, which includes all levels of people, from children to adults. For children, the digital world and social media will certainly support a more advanced and developing life. However, this progress also presents various potentials and challenges that are not in line with the fulfillment of children's growth and development rights. This is related to the threat of children's rights in criminal acts based on social media, both as perpetrators and as victims of the crime itself. One of these crimes is online gender-based violence that is rife in the form of cyberporn with revenge porn modus operandi, which is a crime by spreading vulgar content without the consent of the person in the content to take revenge. The research method used is a descriptive-analytical research method with a normative legal approach, where the author uses secondary data and a statutory approach to draw deductive conclusions. Therefore, the government needs to actively implement legal protection to protect the rights of children as victims and perpetrators. Such legal protection should be carried out in a preventative manner with the Virtual Police mechanism and the role of the Stakeholders, and repressively by carrying out the judiciary, instilling the concept of restorative justice in its implementation, both in the application of diversion for the perpetrator and the provision of restitution or compensation for victims.
Ungoverned Spaces and Alternative Sovereignties in Nigeria: Terror Groups, National Security and Sustainable Development
Sackflame, Mary Magdalene;
Omitola, Bolaji
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.53856
Nigeria is currently battling with threats that are potent enough to undermine its existence as a sovereign polity. These terrors are coming mostly from groups occupying and controlling diverse ungoverned spaces that littered the country’s landscape. From Boko Haram insurgents, Bandits, herdsmen to ethnic militias; these groups are becoming laws unto themselves and creating spheres of influence and jurisdictions due to government and state apparatus absence. This article examines the conditions that created ungoverned spaces, the activities of diverse groups inhabiting them and the implications on national security and sustainable development. The article adopts qualitative method and relies on secondary data sourced from newspapers, government documents, internet resources and extant scholarly works. The article findings reveal that achievement of the sustainable development goals 1-No Poverty, 2- Zero Hunger, 3-Good Health and Well-being, 4-Quality Education, 6-Clean Water and Sanitation, 8- The interrelatedness of the Sustainable Development Goals and 16- Peace, Justice and Strong Institution are seriously hindered as far as the atmosphere and conditions for peaceful co-existence becomes elusive as various groups continue to contest sovereignty with the Nigerian state. Conclusively therefore, it is recommended that a sustainable national security strategy to ensure peace and reduce conflicts through government presence in the various ungoverned spaces must be pursued.
Constitutionality of Implementing Asymmetric Lockdown (Regional Quarantine) When Covid-19 Increases to Accelerate Health Emergency Management
Fauzia, Ana;
Al Khori, Bayu Yusya Uwaiz;
Rahayu, Puji
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.54359
The constitution is the basis for all the space for a country to move, whether the country is in normal or abnormal conditions. It based on the constitution as the basic norm that is the highest guideline for a country. In the case of an abnormal state, Posner explains that there is flexibility needed to deal with abnormal conditions in the constitution. Indonesia declared the country's status in a health emergency based on Presidential Decree Number 11 of 2020 on the Determination of a Corona Virus Disease Public Health Emergency and Government Regulation In Lieu Of Law Number 1 of 2020 on State Financial Policy and Financial System Stability for Handling the Corona Virus Disease (Covid-19) Pandemic and/or In Facing Threats That Endanger the National Economy and/or Financial System Stability that cause the economy to decline and conflict in society. The government is faced with policy choices in dealing with this Covid. In Indonesia, the real meaning of lockdown is regional quarantine. The area quarantine itself is regulated in Law Number 6 of 2018 on Health Quarantine (Health Quarantine Law). Although Indonesia has been able to adapt to Covid-19, it is possible that in the future there will be a genetic mutation of this virus, causing an increase in the spread of Covid-19. Therefore, before there is a spike in Covid-19 in the future, it must be clear in the division of authority both in the central government and regional governments regarding the lockdown (regional quarantine).
Shareholders Lawsuit: Fraud on Minority Law Enforcement to Invent Corrective Justice During the Covid-19
Yusro, Mochammad Abizar
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/lrrq.v8i1.54473
The purpose of this study is to analyse and provide recommendations for national law, related to law enforcement in violations against minorities (fraud on minorities) shareholders to create corrective justice during the covid-19 period. Minority Shareholders are a group that is classified as vulnerable to actions that can result in losses. For this reason, law enforcement efforts against Minority Shareholder fraud are needed, to provide legal protection and recovery of losses in order to create corrective justice. This research method is descriptive by using the type of juridical-normative research. The type of approach used is a statutory approach and a conceptual approach. The results of this study describe the rights of shareholders given by laws and regulations, which can be used to carry out legal remedies based on corrective justice when fraud is on a minority. The legal effort began with a shareholder lawsuit consisting of two mechanisms, namely derivative action and direct action from shareholders which has been accommodated in Law Number 40 of 2007 concerning Limited Liability Companies. However, this effort is commonly used and has several weaknesses, one of which is the absence of specification rules related to the procedures for implementing it.