cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dina Fadiah
Contact Email
dinafadiah17@gmail.com
Phone
+628989009417
Journal Mail Official
philosophyoflaw01@gmail.com
Editorial Address
Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
Location
Kota semarang,
Jawa tengah
INDONESIA
Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
 1   2   3   4   5 
LAWS AND OBSTACLES IN COUNTERING TERRORISM AND HUMAN RIGHTS VIOLATIONS Archi Rafferti Kriswandanu
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3357

Abstract

Terrorism is an extraordinary crime that is of concern to the world today. Not just acts of terror alone, but acts of terrorism also violate human rights as fundamental rights that are naturally inherent in human beings, namely the right to feel comfortable and safe or the right to live. In addition, terrorism also causes casualties and damage to property. Acts of terrorism also damage the country’s stability, especially in the economy, defense, security, etc. Meanwhile, sociologically, acts of terrorism damage spiritual values in the order of social life by giving rise to religious arguments as justification for these acts of terror. The impact of this crime is innocent people who are victims of heinous and inhuman acts of terrorism. This is what underlies the importance of solving the problem of terrorism completely.
RECONSTRUCTION OF REGULATIONS OF BATAM BUSINESS ENTITY GIVING PERMITS FOR INDUSTRIAL LOCATIONS AND SPECIAL ECONOMIC AREAS sumardi noto utomo
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.2363

Abstract

Reconstruction; Authority; Batam Business Entity; Giver of Special Economic Zone Industrial Location Permit. Indonesia’s national development aims to create a just and prosperous society. National development will be achieved if economic development can be implemented. Indonesia’s economic development is followed by industrial growth and development. With the transition of the legal umbrella status through the birth of Law no. 39 of 2009 concerning Special Economic Zones (SEZ), SEZ is an area with specific boundaries with geo-economic and geo-strategic advantages. It is given special facilities and incentives as an investment attraction. The formulation of the problem in this study is (1) Why is the authority of BP. Batam to give Industrial Location Permits regulated by the Special Economic Zone? (2) What is the Regulatory Authority of BP. Batam to issue a permit for the location of the Special Economic Zone Industry? (3) How to Reconstruct BP’s Authority. Batam is the issuer of the Special Economic Zone industrial location permit? Objectives (1) To find and analyze the concept of the Batam Concession Agency towards a Special Economic Zone; (2) To examine and analyze the Regulatory Authority of the Batam Concession Agency granting industrial location permits for Special Economic Zones; (3) To reconstruct the authority of the Batam Concession Agency that grants Industrial Location Permits. Special Economic Zones. From the perspective of the Positive Normative Law that applies in Indonesia; Research Approach: Using sociological juridical method; This research is included in the empirical juridical research. Research Results (1) Aspects, Philosophical Elements; Sociological elements; juridical elements. Research Results (2) Regulation, Law Number 39 of 2009 concerning Special Economic Zones, Jo. Act. Number 11 of 2020 concerning job creation. Research Results (3) Reconstruction, Needs to be reviewed regarding Presidential Decree No. 41 of 1973 concerning industrial areas along with the Act. No. 39 of 2009 concerning Special Economic Zones: Elucidation of Articles 36 and 38. This will result in maladministration and closer to corruption. Conclusion: Presidential Decree Number 41 of 1973 concerning Batam Island Industrial Area, Article 1 paragraph (2) It is not in line with current expectations. No adjustments have been made to the Riau Islands Province Spatial Plan and/or Regency/City Spatial Plan, which can be seen in the Act. No. 39 of 2009 concerning Special Economic Zones: Elucidation of Articles 36 and 38 can result in maladministration.
THE POLICY OF LEGAL PROTECTION FOR FEMALE PRISONERS IN CLASS II A FEMALE CORRECTIONAL INSTITUTIONS IN SEMARANG Martinus Aditya Pardiyanto
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3360

Abstract

Women convicts, as a vulnerable group in society, are a group that must receive guaranteed protection for their human rights. The problem in this research is the legal protection of female prisoners in the Class II A Women’s Prison in Semarang, the problems faced, and the efforts made to overcome the problems in providing legal protection to female prisoners. The approach method used is juridical-normative. This research is descriptive-analytical. The types of data used are secondary data and primary data. Data collection methods include library research, interviews, and documentation studies, and are then analyzed descriptively and qualitatively. Based on the study’s results, it can be seen that legal protection for female prisoners in the Class II A Women’s Prison in Semarang is carried out by fulfilling all the rights of female prisoners as stipulated in the legislation. In principle, all the rights of women prisoners have been granted and fulfilled, although they are still limited and not yet at the maximum level. Problems faced by the Semarang Women’s Class II A Prison in providing legal protection to female prisoners, including: (1) the limitations of existing human resources, both in quantity and quality; (2) over capacity; (3) the condition of the prison building is not following the minimum standard; (4) the lack of health facilities provided; (5) the lack of information and communication systems; and (6) minimal operating budget. Efforts made by the Class II A Women’s Prison in Semarang to overcome these problems, such as (1) increasing the quantity and quality of prison officers either through proposals for adding new employees, partnership cooperation, or through correctional technical training; (2) proposing new women’s prisons in the area of Central Java province and simplifying procedures for fulfilling the rights of inmates such as assimilation, CMB and PB consistently and transparently; (3) the renovation of prison buildings adapted to the concepts and ideas of correctional that leads to the fulfillment of the rights of women prisoners; (4). improving the health facilities and facilities for the residents of prisons; (5) procurement of information technology-based correctional service facilities and infrastructure; (6) implementing a budget system based on the real needs of the correctional process and the fulfillment of special unit costs. This study concludes that the legal protection of female prisoners in the Class II A Women’s Prison in Semarang follows what is mandated in the legislation.
THE EFFECTIVENESS OF ENVIRONMENTAL MONITORING ON MINERAL MINING Usman Usman; Abrar Saleng
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.2366

Abstract

This study aims to determine (1) the Implementation of Oversight of Regional Environmental Services to Mineral Mining and (2) the Effectiveness of Oversight of the Kolaka Regency Regional Environmental Service to Mineral Mining Post Law No. 23 of 2014 concerning the Regional Government. This research uses empirical research methods. The study’s chosen location was in Southeast Sulawesi, Kolaka District, and Pomalaa District. The basis for consideration of site selection because that the Kolaka Regency is one of the largest nickel mine producers in Southeast Sulawesi Province. The results showed the Implementation of Regional Environmental Services Supervision Against Mineral Mining. It focuses on Environmental Permits issued to conduct Environmental Monitoring of compliance with mineral mining business responsibility. In comparison, the Effectiveness of Supervision of Regional Environmental Services on Mineral Mining Post Law No. 23 of 2014 concerning Regional Government has not been effectively implemented by the Regional Environmental Agency through the supervision of RKL-RPL and PPLH Permits due to the facilities and facilities provided by the Environment Office to carry out supervision in the field of nickel mineral mining, not available, so it requires facilities from the parties company to carry out supervision. Supervision that must be carried out in applying environmental law requires facilities to carry out supervision effectively without affecting environmental law enforcement activities.
LEGAL ARRANGEMENTS FOR THE ENFORCEMENT OF THE NEUTRALITY VIOLATION OF THE STATE CIVIL APPARATUS (ASN) IN SIMULTANEOUS REGIONAL HEAD ELECTIONS (CASE STUDY IN SRAGEN REGENCY) Diyah Nur Widowati
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3359

Abstract

The State Civil Apparatus (ASN) role is crucial to carry out government affairs within the framework of achieving national goals. In carrying out these duties as a state apparatus, they must provide services to the community in a professional, honest, fair, and equitable manner in carrying out state, government, and development tasks. ASN must be neutral from the influence of all political groups and parties and not discriminate in providing services to the community. In 2015, Sragen Regency participated in celebrating the democratic party, namely the simultaneous election of regional heads and deputy regional heads on December 9, 2015. The Panwaslu (Election Supervisory Committee) of Sragen Regency found and received reports that many ASNs were not neutral. The Panwaslu report reached KASN, and several cases were left without follow-up handling and seemed to evaporate. This study uses qualitative research methods to obtain facts regarding the problem of ASN neutrality in the Sragen Regency in the 2015 simultaneous regional elections. The unit of analysis in this research is the Panwaslu of Sragen Regency and the Education and Training Personnel Agency (BKPP) of Sragen Regency. Data collection techniques used are in-depth interviews and documentation to complete the data in this study. ASN violations occurred before the campaign period and during the campaign period. The number of ASN is not neutral by attending campaigns, other stage activities, and providing campaign materials using state facilities such as office buildings and ASN official vehicles. Of course, the involvement and alignment of ASN in the 2015 Regional Head Elections is due to the incumbent candidate. The Sragen Regency Government, namely the Sragen Regent, should give sanctions or disciplinary punishments to ASN who are not neutral in following the existing laws and regulations. The Sragen Regent should be more firm in responding to this non-neutral ASN case. Legal arrangements are needed to handle ASN Neutrality violations in the General Election and Simultaneous Regional Head Elections.
MEDICAL, LEGAL, AND SOCIAL ASPECTS OF THE SURROGATE MOTHER PHENOMENON himmaturojuli Rosyid Ridlo; Reisca Tiara Hardiyani
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.3351

Abstract

Uterine rental (Surrogate Mother) is where a woman makes a gestational agreement with a husband and wife. The surrogate mother is willing to bear the seeds of a married couple by receiving certain rewards. Uterine rental occurs because the wife can not conceive because of something that happened to her womb. This study uses normative law research methods using normative case studies in the form of legal behavior products by reviewing Law No. 36 of 2009 concerning Health, Government Regulation (PP) No. 61 of 2014 concerning Reproductive Health, the Civil Code, and Law No. 1 of 1974 concerning Marriage. The results of this study are 1. Uterine rental is a pregnancy outside the natural way that can only be done to married couples bound by a legal marriage and experience infertility or infertility to produce offspring 2. All forms of surrogate mother agreements in Indonesia are null and void because they contradict the existing laws and regulations. 3. A child born to a Surrogate Mother who is bound in marriage is the legal child of the woman and her husband, but if the child is born to a Surrogate Mother who is not bound by marriage, the child will be the illegitimate child of the woman. 4. Inheritance rights of children born to surrogate mothers who are bound in marriage will receive inheritance rights from the surrogate mother and her husband. If the surrogate mother is not bound by marriage, the child will only receive inheritance rights from the surrogate mother.
MECHANISM FOR SETTLEMENT OF DEFAULT IN THE MORTGAGE LOAN AGREEMENT AT PT. BPR BKK PURWODADI GROBOGAN Imron Chumaidi
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3361

Abstract

This study aims to determine the mechanism for settling defaults in the imposition of credit contracts at PT. BPR BKK PURWO-DADI GROBOGAN and to understand the ideal default settlement mechanism in imposing credit contracts at PT. BPR BKK PURWODADI GROBOGAN. This research uses a sociological juridical approach, and the research specification is descriptive-analytical. The data used are primary data, secondary data is data obtained directly from the field using inter- views, and secondary data is library research. The results obtained: 1) If the Customer defaults in fulfilling his obligations in terms of installments or loan repayments, then settle the default against the Debtor, PT. BPR BKK PURWODADI GROBOGAN makes a settlement by conducting an auction at the KPKNL and completing the auction terms and Failure to Settle Dispute in Court 2). If the customer de- faults in fulfilling his obligations in terms of installments or repayments, the ideal default loan settlement mechanism in imposing credit agreements are by Settlement of Banking Disputes Through Mediation Forums, Warning Letters, Refinancing/Refreshing, Personal Guarantees, sale of assets/objects guarantee together.
THE ROLE OF THE GOVERNMENT IN THE LEGAL PROTECTION OF WORKERS PERFORMED BY TERMINATION OF EMPLOYMENT DURING THE COVID-19 PANDEMIC Mahmuda Pancawisma Febriharini
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.2622

Abstract

Covid-19 has shaken the Indonesian economy, and of course, the most significant impact felt due to this pandemic in industrial relations, both macro and micro. Many companies are threatened with the continuity of their production, which ultimately impacts the survival of workers in Indonesia. This condition emphasizes that the government needs to intervene in alleviating this problem. Based on this, this study aims to determine the government’s role in providing legal protection to workers who have been laid off due to the COVID-19 pandemic. The results in the field show that many workers have been laid off or laid off with wages that are not paid in full. To support the welfare and continuity of work for workers and to support workers who have been laid off or laid off due to Covid-19, the Government has issued various incentives for employers and workers, namely in the form of cash assistance in the form of Wage Subsidy Assistance (BSU) and issuing pre-employee cards aimed at providing training, namely providing skills that can be used for industrial and entrepreneurial needs.
TRAFFICKING CRIME PREVENTION POLICIES FROM A PHILOSOPHICAL, SOCIOLOGICAL, AND JURIDICAL PERSPECTIVE Sri Wulandari
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3352

Abstract

The article was written to analyze the policy of overcoming the crime of trafficking as regulated in Law no. 7 of 1984 concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination and Law no. 21 of 2007 concerning the Crime of Human Trafficking (Trafficking). Human trafficking is a criminal act and violates human rights. Considering that Indonesia is the country of origin for the victims of human trafficking, the number of which is quite large, it is necessary to follow up with instruments in the form of prevention and the provision of criminal sanctions. This article addresses two questions: First, how is the legal protection for women and children victims of human trafficking? Second, what is the policy for dealing with trafficking crimes from a philosophical, sociological, and juridical perspective? This article concludes that the crime of human trafficking often occurs in vulnerable groups, namely women and children (victims), motivated by economic, social, and cultural factors. Efforts to protect victims’ rights have been carried out even though they have not been optimal through the prevention and prosecution of perpetrators. Law enforcement against the crime of trafficking is carried out with the concept of punishment and providing compensation/restitution to victims and/or their families. Trafficking is a transnational crime, so handling crimes needs to be done bilaterally/multilaterally. In addition to prioritizing penal facilities, it is necessary to seek non-penal means, involving the community in preventing and overcoming crime through preventive and repressive efforts.
POLICY OF GIVING IMPUNITY TO STATE ADMINISTRATORS IN THE FIELD OF FISCAL AND MONETARY POLICY IN LAW NUMBER 2 YEAR 2020 Afif Noor
Journal Philosophy of Law Vol 3, No 1 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i1.3350

Abstract

To create economic and financial stability due to the Covid-19 pandemic, the government stipulates Perppu No. 1 of 2020 becomes Law No. 2 of 2020. The law states that state officials in the field of Fiscal and Menoter Policies cannot be prosecuted civilly or criminally in carrying out their duties and official decisions in the context of implementing the Perppu are not objects of state administrative lawsuits. Whereas in a state of law everyone has a position without exception. This research is classified as normative juridical using library materials as the main data source. Based on the research, the policy has the potential to cause a moral hazard, adverse selection, and abuse of power and is contrary to the principles of Good financial governance. The policy of granting impunity to state administrators in the fiscal and monetary fields is contrary to the principle of equality before the law which is constitutionally stated in the 1945 Constitution.

Page 3 of 6 | Total Record : 53

 1   2   3   4   5 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue Vol 6, No 1 (2025) Vol 5, No 2 (2024) Vol 5, No 1 (2024) Vol 4, No 2 (2023) Vol 4, No 1 (2023) Vol 3, No 2 (2022) Vol 3, No 1 (2022) Vol 2, No 2 (2021) Vol 2, No 1 (2021) Vol 1, No 2 (2020) Vol 1, No 1 (2020) More Issue