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Law Research Review Quarterly
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27163415     DOI : https://doi.org/10.15294/lrrq
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 531 Documents
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Prostitution and the Victims Protection: The Discourse of Law Enforcement and Legal Protection (Case of Cianjur, Indonesia)
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i2.53722

Abstract

This study aims to analyze how the law is enforced for victims of trafficking in persons used as perpetrators of prostitution in the Cianjur Regency. The method used in this research is using a qualitative method with a descriptive-analytic approach. The source of data in this study is using the interview instrument. The research object is focused on Cianjur Regency, which is divided into Sukanagara District, Cianjur District, Cipanas District, and several commercial places such as tourist attractions, entertainment venues, universities, and high schools in the Cianjur Regency area. This article concludes that various reasons and social conditions encourage the increasing number of prostitution in the Cianjur Regency area. Different unique findings were found in the research process. First, a high-paying job offer mode is quite successful in attracting certain regions. Second, sexual harassment issues made some teenagers decide to go deeper into the prostitution circle. Third, the number of foreign tourists from certain countries is the main attraction in the increasing cases of prostitution in one of the research object areas. The increase in cases of prostitution that continues to grow requires special attention from various parties, especially in the eyes of the law for the perpetrators. As time goes by, prostitution cases that continue to be left unchecked will become a significant factor in the deteriorating morals and social values ​​that exist in society. The absence of a clear legal status for prostitution will increasingly make the perpetrators freely carry out their crimes
Reducing the Company’s Insolvency: How suspension of debt payment obligation and bankruptcy proceedings help the company?
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i2.53813

Abstract

Corporate insolvency will have an unfavorable effect on the country's economy. Currently many companies are facing the threat of bankruptcy applications in the Commercial Court because difficulty of paying the company's debts to its creditors. In the midst of the situation the number of Covid-19 cases that occurred in Indonesia, it has a negative impact with the decline in the performance of business actors due to the crisis. From that situation, it results in a decrease in the amount of income to the difficulty of paying debts or credit to creditors. To reduce the increase in insolvency, the government seeks the enactment of a moratorium on PKPU and Bankruptcy whose implementation will pay attention to the development of Covid-19 pandemic conditions. This research aims to find out how the implications in implementing a moratorium on PKPU and Bankruptcy in order to reduce the company's insolvency and how its legal protection efforts for creditors and debtors. This research is Normative juridical with a Statute Approach. The results of this study are the implications that will occur in the enactment of the moratorium on PKPU and Bankruptcy and legal protection for the parties under Law No. 37 of 2004 on Bankruptcy and Delay of Debt Payment Obligations. By fulfilling the terms and conditions as intended, the conclusion obtained is that the implementation of the moratorium has a positive and negative impact on the parties and obtains protection and is justified by applicable law but must be in accordance with the applicable provisions.
Urgency of the Role of Society in Protection Conservation Area
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i2.53828

Abstract

Indonesia has at least 54 National Parks (Taman Nasional) and 123 Nature Tourism Parks (Taman Wisata Alam) with an area of 16 million ha. In addition to national parks and Nature Tourism Parks, the potential of natural tourism in conservation areas in Indonesia is also located 28 units Forest Park, Buru Park 11 units, Nature Reserve 219 units, Wildlife Sanctuary 72 units, and Nature Reserve Area /Nature Conservation Area as much as 56 units. However, there is still unlicensed forest control, illegal logging, falsification of documents, smuggling of rare animals or plants, forest fires and etc. This can be a threat to the presence of rare animals and plants in conservation areas. In addition, with so many conservation areas, it requires intensive security and supervision. Communities adjacent to conservation areas, can be more sensitive and responsive to problems that occur. The community will play an active role ranging from planning, implementation, to monitoring and evaluation of protection development. So it needs to be examined, how urgency the role of the community in the protection of conservation areas. The research method used is juridical research with legal approach and concept.
Analysis of the Impact of Foreign Direct Investment: Solutions to the Indonesia Economy during The Covid-19 Pandemic
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i2.54467

Abstract

Foreign investment is one of the crucial instruments for a country in promoting economic growth for the sake of creating public welfare. Indonesia as a country with abundant economic potential, requires foreign investors to solve problems, especially related to sustainable development and suppress the high unemployment rate. Legal reform in increasing the realization of foreign investment entering Indonesia is realized through the Omnibus Law in the Job Creation Act to create a good and healthy investment climate. The presence of Covid-19 has caused the country's economy to experience a significant decline. The presence of the Job Creation Act in accelerating foreign investment into Indonesia is expected to encourage the strengthening of the national economy after the Covid-19 pandemic. However, there are problems in its implementation caused by the guarantee of legal certainty in running business activities and overlapping regulations in business licensing. The research method used is normative legal research. This study uses the Statute approach. The technique of tracing legal materials uses library research techniques, and analysis of studies using qualitative analysis. The results of this study indicate that the Government has made maximum efforts by issuing various regulations or policies to revive the investment climate in Indonesia so that the country's economic growth can increase, and is able to provide legal certainty in doing business in Indonesia.
Completion of International Disputes Between Nicaragua and United States in International Law Perspective
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i2.55762

Abstract

Various international disputes that have occurred in this world have been recorded in an international law that applies to the entire international community. So to resolve various international disputes that have occurred, usually, the countries involved make a peace agreement as one way to resolve these international disputes and prevent a war between nations. This shows that to resolve international disputes that have occurred, an agreement among countries is needed as a solution. The problem written by the author in this journal is the settlement of international disputes that have taken place between the country of Nicaragua and USA. In this journal, the author uses a normative and juridical research method, which is 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 law. Law or general legal rules regarding the resolution of international disputes that occur among Nicaragua and USA and approach for problems based on a conceptual basis. The results of research conducted indicate that in this case is an international legal dispute which is nether the authority from International Court of Justice in which Nicaragua have to implemented ways from resolving international disputes by international legal procedures, but USA rejected this decision issued to International Court of Justice.
A Comparative Analysis of Cyber Security Laws and Policies in Nigeria and South Africa
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i2.56486

Abstract

There is free flow of information in the cyberspace and as a result, nations are obviously wary of the integrity of its data as part of both public safety and national security concerns. There are ways that the associated risk could be mitigated and mostly has to do with a proper development and implementation of Cyber security policies and strategies. This research focuses on the cyber security policies, strategies and laws of both Nigeria and South Africa and also making a comparative analysis of the current National Cyber Security Policy and Strategy of both countries and the necessary recommendations going forward. In the case of Nigeria, analytical evidence shows that the national documents were found to have satisfied most of the requirements in terms of content, but failed to address other aspects of cyber security concerns in the country. On the other hand, South Africa as a country is lagging especially in governmental coordination, cybersecurity legislation, engagement with business and citizens, and skilled labour. The paper tends to explore these loopholes evident in the cyber security laws and policies of the aforesaid countries, and made the necessary recommendations on how to adopt best and sustainable practices in dealing with issues related to cyber security breaches including cybercrime in both countries.
Obligations of Forest Borrow-Use Permit Holders for the Construction of the Batang-Semarang Toll Road: The Upstreaming Environmental Sustainability Policy
Law Research Review Quarterly Vol 8 No 3 (2022): Contemporary Issues on Justice and Sustainable Development
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i3.56061

Abstract

The resolution of problems arising from the failure to carry out the obligations of the Borrowing and Use of Forest Area (IPPKH) Permit for the Construction of the Batang - Semarang Toll Road is fully supervised and managed by Perum Perhutani under the direct leadership of the ministry. This type of research is sociological juridical using a qualitative approach method. The primary data sources of this study were obtained from the first source with the interview method and the secondary data sources were obtained through literature studies which were then analyzed by collecting data, data reduction, data presentation, and drawing conclusions. The results of this study indicate that, (1) the implementation of the fulfillment of obligations by the license holder has not been fully fulfilled, of the 14 new obligations are fulfilled 6, while in the agreement and Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number P.50 / Menlhk / Setjen / Kum.1 / 6/2016 Regarding the Borrowing and Use of Forest Area Guidelines, the obligations that must be fulfilled by the permit holder are explained. (2) the resolution of problems arising from the non-compliance of the permit holder's obligations is that Perum Perhutani as the forest manager has given 2 (two) warnings regarding the non-fulfillment of the permit holder's obligations through approval from the ministry.
The Validity of The Notary Deed Based at The Online General Meeting of Stakeholders
Law Research Review Quarterly Vol 8 No 3 (2022): Contemporary Issues on Justice and Sustainable Development
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i3.56126

Abstract

The execution of the General Meeting of Stakeholders (GMS) can also be done by teleconference, which saves money and time. the purpose of this study was to analyze the validity of the notarial deed based on the online general meeting of shareholders. The type of research used is normative legal research or doctrinal legal research. The research approach used is library research. This research is explanatory and the approach method in data analysis is a qualitative method. Because of the rapid advancement of digital technology, requiring a face-to-face meeting between contracting parties is no longer necessary, the emergence of the Company Law accommodates expectations and accommodates the expansion of information technology. The GMS teleconference is still legitimate with electronic data, and the Notary signs the Minutes as a release deed, but it must still meet the legal requirements of a GMS. the results of the study show that: 1. Notary deed as referred to in Article 1 paragraph (7) of Law Number 2 Year 2014, namely the Notary Deed, hereinafter referred to as the Deed is an authentic deed made by or in the presence of a Notary in accordance with the form and procedures stipulated in this Law, 2. If the certification listed in the explanation of Article 15 paragraph (3) of Law Number 2 of 2014 is equated with a letter under hand certified by a notary (legalization), so the certification in question is not an authentic deed.
Enforceability of Restrictive Covenants in Employment Contracts: Comparing India and Indonesia
Law Research Review Quarterly Vol 8 No 3 (2022): Contemporary Issues on Justice and Sustainable Development
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i3.57644

Abstract

In contemporary times, one of the fundamentals that bind and guide any professional relationship is a contract and throughout the negotiations, the parties to it try to assert their interests for ensuring gains. In this process, quite often, several clauses are inserted for ensuring greater exploitation without greater investments and this is witnessed quite often in India and Indonesia, especially in employer-employee contracts. Referred to as restrictive covenants, the Indian Courts have often interpreted the Indian Contract Act 1872 in a progressive fashion, duly preventing the employee from being reduced to a bonded labourer, on numerous occasions. But this does not mean that in all the situations, such covenants are impermissible—the extent to which an employer can restrict the employee for maintaining confidentiality andprotecting trade secrets among other things is what is largely determined by the Courts. Furthermore, in Indonesian context, the contract law stipulated not only in Article 1313 Indonesian Civil Code, but also in various acts such as Indonesian Emplopyment Act 2003 and Government Regulation No. 35 of 2021 concerning Work Agreements for Certain Time, Outsourcing, Working Time and Rest Time, and Termination of Employment. Discussing and comparing the stance of the Indian Judiciary and Indonesian contract system on such restrictive covenants, the Authors, through the medium of this paper seek to shed light on the extent to which they are enforceable and, in the circumstances, where they are valid. In a nutshell, the Authors seek to warn the employers to refrain from engaging in such practices which are likely to harm the principles of humanism enshrined in the Constitution and alert the employee of the scope of their duties towards the employer.
Control of Spatial Utilization in the Spatial Plan Policy: Case of Ambarawa Ring Road Semarang Regency
Law Research Review Quarterly Vol 8 No 3 (2022): Contemporary Issues on Justice and Sustainable Development
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i3.58478

Abstract

The Regional Regulation of Semarang Regency Number 6 of 2011 Article 61 states that the provisions on the conversion of land functions, especially on irrigated rice fields to non-agricultural land, except for general development purposes, are allowed but must refer to the law. Population development causes people to often use space that is not in accordance with regulations, namely by utilizing space in food crop farming areas for the construction of commercial business buildings as happened in the Ambarawa Ring Road area. The purpose of this study is to determine the factors that cause the establishment of buildings that are not in accordance with spatial planning and to determine law enforcement on controlling space utilization. This study uses a qualitative research method with a sociological juridical approach. While the types and sources of data are primary data and secondary data. The results of the study stated that in the use of space in the food crop agricultural area in the Ambarawa Ring Road area, it was found that in the area there were violations of land conversion to non-agricultural activities with the presence of several buildings for commercial business activities. The conclusion is that law enforcement on controlling the use of space in the Ambarawa Ring Road area is not optimal. The directions for imposing sanctions in the Semarang Regency Regional Regulation Number 6 of 2011 are not implemented properly.

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