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The Digest: Journal of Jurisprudence and Legisprudence
Published by Universitas Negeri Semarang
ISSN : 27462110     EISSN : 27460371     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Digest: Journal of Jurisprudence and Legisprudence (The Digest) is a double blind peer reviewed journal published by Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published bi-annual every June and Desember The Digest is intended to be a scientific and research journal for academics, legal scholars, and legal practitioners with focuses on analysis of Court Decision and legal studies. The Journal publishes contemporary articles on law and case analysis, and the Journal published within Bahasa and English both print and online version. The Digest is also intended to be Indonesia’s forum for discussion and analysis of court decision. Each issue on The digest includes insightful analysis and discussion on court decision.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 60 Documents
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Provisions of Legal Aid as a Form of Protection for Child Victims of Rape Zainurohmah, Zainurohmah; Febriansyah, Andhika; Andini, Marcelia Puspa; Saputro, Muhammad Eko; Mukhoyyaroh, Vina Durrotul; Rohman, Bintang Nur
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67669

Abstract

Indonesia as a state of law guarantees the human rights of its citizens, one of which is the right to equal treatment before the law. Legal aid is one of the state's efforts to fulfill this right for the poor. This research aims to examine the provision of legal aid in Indonesia, which departs from the case study of child rape that occurred in Banyumas. This research uses normative juridical method with statutory approach and conceptual approach. The results of this study show that the state has accommodated the need for legal aid as regulated in Law Number 16 of 2011 concerning Legal Aid. However, those who need legal aid are not only poor people but also children who are victims of rape. The provision of legal aid to child victims of rape is a form of state responsibility in providing legal protection to children so that the rights that children should get as stated in the Child Protection Law can actually be realized, not limited to being stated in the law.
Problems in the Application of Law in the Indra Kenz Fraudulent Investment Case Alamsyah, Feiruz Rachmita; Cameron, Calvin; Ridwan, Piero; Yustisia, Muhammad Tio; Romadhon, Moh. Rahmat Rizki; Yusuf, Natasya Thufailah
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67847

Abstract

Fraudulent investment, also known as fake investment, is one of the most serious problems in Indonesia. One of the most famous cases of fraudulent investment is the case of Indra Kenz, a young entrepreneur who ran a fraudulent investment business that defrauded thousands of people. This article aims to analyze Indra Kenz's fraudulent investment case from a legal perspective using the normative juridical research method. Data is obtained from literature study and analysis of documents related to Indra Kenz's case. The results of the analysis show that Indra Kenz's fraudulent investment practices violated a number of laws and regulations in Indonesia, such as Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. In addition, the practice also violated fundamental legal principles, such as the principles of justice and trust. Indra Kenz's case is a valuable lesson for the public and the government to be more vigilant against fraudulent investment practices. The government needs to improve supervision and provide strict sanctions for fraudulent investment actors to prevent similar cases from occurring in the future.
Good Governance Implementation by PERMA 1/2019 in Letter Evidence Submission Regulation For E-Litigation Cases Gerry, Michael; Rizkiana, Rina Elsa
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.68121

Abstract

The judiciary, responding to societal demands for sound governance, aligns itself with the 2010–2035 Judicial Reform Blueprint, emphasizing the use of information technology for restructuring. E-Litigation emerges as a significant outcome of Indonesia's judicial reforms, supported by SK KMA RI Number 129/KMA/SK/VIII/2019 and PERMA 1 of 2019 as the legal basis. The implementation of e-Litigation is expected to adhere to the principles of good governance outlined in legal philosophy, particularly concerning the legitimacy of evidence in civil cases during e-Litigation. However, the legislative document, specifically PERMA 1/2019, lacks explicit technological guidelines, posing a challenge to the effective implementation of good governance. This research aims to scrutinize the concept of good governance, the legal foundation for e-Litigation, and the application of responsive, effective, and efficient principles in controlling the admissibility of documentary evidence in e-Litigation within civil cases. Utilizing a statutory method, the study employs a normative approach to law. The findings indicate that the current legal framework for the admissibility of evidence in civil e-Litigation cases hinders the fulfillment of responsive, effective, and efficient e-Litigation principles. Consequently, a modification to the legal framework governing the admissibility of evidence in civil e-Litigation is warranted to align with the principles of good governance.
The Principle of Justice as a Judges' Considerations in the Concept of Third-Party Responsibility Against Cooperative Legal Action Hariyanto, Hariyanto; Sejati, Herlambang Fadlan; Iyer, Puneet
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75027

Abstract

This research critically examines and evaluates the judicial considerations in Supreme Court Decision Number 250 K/Pdt/2019, specifically focusing on the third parties' responsibility in connection with the Audi Et Alteram Partem principle, a pivotal aspect of the broader justice as fairness principle. Conducted as normative legal research, the study involves a qualitative analysis of data gathered through comprehensive library research. The qualitative data is systematically categorized and correlated to address the research questions accurately, facilitating a comprehensive understanding of the topic. The findings indicate that the Panel of Judges in Supreme Court Decision Number 250K/Pdt/2019, along with Decision Number 204/Pdt/2018/PT SMG and Decision Number 20/Pdt.G/2017/ PN Kds, effectively applied the Audi Et Alteram Partem principle, demonstrating a commitment to the overarching principle of justice as fairness. Notably, the panel made fair decisions while overlooking the conventional concepts of cooperatives and the responsibilities of the board of directors. The study suggests a pressing need for relevant stakeholders to promptly enact updated legislation concerning cooperatives to address emerging challenges and align with contemporary legal perspectives.
The Urgency of the International Criminal Court’s (ICC) Jurisdiction in Handling Serious Violations of Human Rights Case of the Uyghur Aulya, Layla Putri; Arifin, Ridwan; Smith, Robert Brian
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75052

Abstract

The international community is currently confronted with a severe humanitarian crisis involving the Uyghur population in Xinjiang, China, marked by pervasive reports of egregious human rights violations, encompassing forced labor, forced assimilation, and mass detention. This study accentuates the imperative for the International Criminal Court (ICC) to assert its jurisdiction and launch an investigation into the alleged crimes against humanity perpetrated against the Uyghur people. The Uyghur case presents a distinctive challenge for the ICC, given the complex political dynamics surrounding China's global influence and its non-membership in the Rome Statute. Nevertheless, this study contends that the ICC's role in addressing such severe human rights violations is now more crucial than ever. It delves into the legal avenues for ICC jurisdiction, exploring potential grounds under the principle of universality and the possibility that some alleged crimes may qualify as war crimes or crimes against humanity. Furthermore, the study delves into the ethical imperative compelling the international community to take decisive action against systemic abuses, asserting that justice and accountability stand as foundational tenets of international law. It also addresses foreseeable obstacles and objections to ICC jurisdiction, including challenges related to state sovereignty, geopolitical considerations, and the practicalities of prosecuting high-ranking officials. In conclusion, this study underscores the urgency of the ICC asserting jurisdiction in the Uyghur case, presenting an opportunity for the international community to showcase its dedication to upholding human rights and justice in the face of severe violations. The ICC's involvement in addressing these atrocities can serve as a beacon of hope for the victims and a deterrent against future perpetrators of similar crimes.
Immunity Rights of Experts Who Provide Statements in Trials (Study Decision No: 47/Pdt.G/LH/2018/PN Cbi) Mansyah, Muh Sutri; Suhartono, Rizki Mustika; Salad, Hariasi; Dewi, Rasmala; Bimasakti, David Haryo
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.75767

Abstract

This paper investigates the critical issue of immunity rights for experts who provide statements in trials, with a specific focus on the analysis of Decision No: 47/Pdt.G/LH/2018/PN Cbi. Employing a normative research approach, the study adopts a comprehensive methodology, encompassing a case and statutory perspective alongside grammatical and systematic interpretation. The pivotal finding of the research centers on the rejection of a lawsuit by the Panel of Judges, attributing it to the absence of relative competence in the presented case. Notably, the decision contains a notable directive, proposing that "experts in the future should have the right not to be prosecuted criminally." This forward-looking perspective accentuates the significance of extending immunity rights to experts. The paper underscores the urgent need for recognizing and formalizing these rights within the legal framework, advocating for the incorporation of immunity provisions for experts in the Witness and Victim Protection Law. The research contributes to the broader discourse on legal reforms, highlighting the evolving landscape concerning the legal status and protection of experts involved in legal proceedings. In navigating these complex legal dynamics, this paper calls for a proactive approach from policymakers and legislators to address and safeguard the immunity rights of experts, ensuring a fair and conducive environment for their participation in legal processes.
The Judge’s Perspective on Material Unlawfulness in Cases of Illegal State House Control (Case of Decision Number 2002/Pid.B/2011/PN.Jkt.Pst) Rusdiana, Emmilia; Febrianti, Rena Arya; Putra, Dandi Akbar
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.75872

Abstract

This study explores the legal issues arising from housing and settlements, where individuals may assume defendant status when occupying a house without ownership, a status valid only with the owner's approval. The enactment of Law Number 1 of 2011, which revokes Law Number 4 of 1992, prompts judges to ponder its implications, especially in relation to Article 1 paragraph (2) of Law Number 1 of 1946 concerning the Indonesian Criminal Code (KUHP). The judge's decision, linked to the unlawfulness of the case, raises significant concerns. This paper seeks to underscore the inaccuracies in the judge’s interpretation of Criminal Code Article 1 paragraph (2) and the disregard for material law in the decision-making process. The research findings unveil a disparity in perspectives between Law Number 4 of 1992 and Law Number 1 of 2011 concerning case handling, leading to the conclusion that the case fails to satisfy the elements of Criminal Code Article 1 paragraph (2). The judge's misinterpretation is rooted in prioritizing the principle of legality (Article 1 paragraph 1) while overlooking the violation of material law. Importantly, this research contributes a nuanced understanding of the legal landscape, shedding light on the implications of housing laws and their intersection with criminal statutes.
Punishment of the Kanjuruhan Commotion due to Negligence from the Perspective of Causality Theory (Case of Decision 13/Pid.B/2023/PN Sby jo 922/K/Pid/2023) Hidayatuzzakia, Hana; Masyhar, Ali; Wulandari, Cahya; Abu, Roziya
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.76383

Abstract

The consequences of the Kanjuruhan incident during Indonesian football matches prompted the implementation of punitive measures, aiming to ensure the protection of fundamental rights. The incident, which resulted in dissatisfaction among fans, particularly the Aremania supporters, was triggered by their team's defeat. The conclusion of the match saw a surge of discontent, leading fans to descend onto the field to express their disappointment. In conducting this research, a doctrinal legal approach, specifically of the normative type, was employed. The methodology involved a literature study, encompassing legal principles, rules, regulations, doctrines, theories, and legal dictionaries that contribute to legal literacy. The research aimed to gain insights into the necessity, harmony, and intentionality of legal measures, employing a scientific approach through doctrinal laws. The normative legal methods used positive law, context, and literature as their specifications. The research approach incorporated positive law and a case study method, focusing on the Kanjuruhan commotions. The findings and discussions unveiled the court's decision in accordance with Decision 13/Pid.B/2023/PN Sby, which acquitted the defendant. Legal efforts were subsequently initiated by the public prosecutor (JPU) in case 922/K/Pid/2023 to overturn the previous decision. The Supreme Judge determined a violation of Article 359 in conjunction with Article 360 of Law Number 1/1946 concerning Criminal Law Regulations, citing negligence leading to death. The causal link in this case was established when security forces (police) deployed tear gas into the spectator stands in response to the anarchic behavior of the Aremania supporters who had descended onto the field.
Analysis of the Judge’s Decision Regarding the Blasphemy Case (Case of Decision 726/Pid.Sus/2023/PN Plg) Zulaikha, Almira Novia; Maftuhah, Zahra
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.76818

Abstract

This research delves into the intricate and significant landscape of religious blasphemy cases, a phenomenon on the rise in Indonesia. Beyond causing societal disturbances, these cases pose substantial challenges within the legal and judicial framework. The escalating number of such cases reflects a noteworthy expansion in the diversity of opinions and expressions within society. However, the lack of clarity in the legal boundaries surrounding religious blasphemy often leads to uncertainty in establishing guilt and determining appropriate punishment, despite existing regulation in the Information and Electronic Transactions Law. The influence of media and social media exacerbates the complexity of religious blasphemy cases. Coverage and discussions on online platforms play a pivotal role in shaping public opinion and influencing the trajectory of the judicial process. This impact extends beyond the national level, potentially sparking global ramifications. Concurrently, judicial independence faces scrutiny, as external pressures from various entities can sway judges' decisions. Consequently, this research seeks to provide a thorough understanding of these multifaceted aspects. An analysis of the judge's decision in the religious blasphemy case, as exemplified by Lina Mukherjee on social media, becomes crucial for dissecting the legal and social dynamics at play. This examination not only aims to comprehend the intricacies involved but also serves as a foundation for proposing recommendations to enhance the justice system. The ultimate goal is to achieve a balance in justice and safeguard human rights in the face of evolving challenges posed by religious blasphemy cases.
Unlawful Acts According to Civil Law and Criminal Law Aditya, Agung; Rakhmatika, Devi; Faradany Saputri, Nabila
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.78483

Abstract

Land grabbing is not a new phenomenon and has occurred in Indonesia. The term "land grabbing" refers to the act of seizing rights or property arbitrarily, without adhering to laws and regulations, such as occupying land or houses that do not belong to the perpetrator. Unlawful land grabbing constitutes a legal violation and can be categorized as a criminal act. If the act is intentionally committed by someone who seizes the land of others, Article 167 of the Criminal Code (KUHPidana) may be applied. Meanwhile, the civil law aspects encompass Article 1365 and Article 1366, as in cases of land grabbing, there are parties who suffer losses and are entitled to compensation for the damages incurred.

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