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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
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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
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ANALYSIS OF LAND OWNERSHIP DISPUTES IN THE KANJENGAN SHOPPING COMPLEX, SEMARANG CITY Suroto Suroto
Journal Philosophy of Law Vol 4, No 1 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i6.3554

Abstract

The study aimed to determine and analyze the legal considerations of judges regarding the ownership of disputed land rights in the Kanjengan Shopping Complex and the legal status of disputed ownership of land rights in the Kanjengan Shopping Complex. The approach method used in this study is a normative juridical approach with a case approach. This research is a descriptive analysis. The data analysis method used in this study is a qualitative descriptive data analysis method. The results of the study stated that the judge’s legal considerations regarding land ownership disputes in the Kanjengan shopping complex included the Building Use Rights certificate owned by the Plaintiff, which had been issued by the National Land Agency following the applicable procedures and had complied with statutory provisions, namely Article 19 paragraph (2) of the Law No. 65 of 1960 concerning the Basic Agrarian Law juncto Article 32 paragraph (1) Government regulations (PP) No. 24 of 1997 concerning Land Registration juncto Article 1870 of the Civil Code in conjunction with Article 165 HIR where the HGB certificate is. The legal status of the ownership of land rights in dispute in the Kanjengan shopping complex is the legal owner/holder of land and building rights located in the Kanjengan Complex, Semarang, based on a Certificate of Building Use Rights and a Building Permit issued by the competent authority (Semarang City National Land Agency).
THE FOUNDATION OF PANCASILA IN THE FORMATION OF LEGISLATION USING THE OMNIBUS LAW METHOD Sahnan Sahuri Siregar
Journal Philosophy of Law Vol 4, No 1 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i6.3498

Abstract

This article will try to provide an analysis of the role of Pancasila in the formation of legislation using the omnibus law method. The Omnibus Law is a new method in Indonesia and has experienced various polemics in society. The research results show that Pancasila is the source of all sources of law in Indonesia. This fact has emphasized that the formation of laws and regulations in Indonesia must not conflict with the values contained in Pancasila. In addition, Pancasila is a guiding principle in national legal politics so that no regulation can contradict the values of divinity and civilization, and no regulation can contradict human values. No regulation can be born that has the potential to damage the integrity of the ideology and territory of the nation and state of Indonesia. There should be no regulations that violate the principle of popular sovereignty, and the most important thing is that these regulations do not violate the principle of popular sovereignty. The most important thing is that these regulations do not violate the values of social justice.
VOLUNTARY DISCLOSURE PROGRAM IN PERSPECTIVE OF THE LAW ON THE HARMONIZATION OF TAX REGULATIONS Herianto Herianto
Journal Philosophy of Law Vol 4, No 1 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i6.3496

Abstract

The promulgation of the Law on the Harmonization of Tax Regulations through Law Number 7 of 2021 has brought a new paradigm in regulations related to taxation in Indonesia. One of the new provisions in a quo provision is related to the material governing the Voluntary Disclosure Program. This article will try to explain the history of tax amnesty regulations in Indonesia and the concept of the Voluntary Disclosure Program as a new tax policy in Indonesia. This article is a conceptual article that uses a conceptual and analytical approach as support in analysis. The data used is based on secondary data. The results showed that the Policy regarding tax amnesty in Indonesia has been in effect since the New Order era until 2021. After the enactment of Law Number 7 of 2021, the tax amnesty program changed to the Voluntary Disclosure Program. This Voluntary Disclosure Program allows all taxpayers to disclose their assets that have not or are not disclosed. One of the objectives of this program is to increase the voluntary compliance of taxpayers organized based on the principles of simplicity, legal certainty, and practicality.
INTEGRAL CRIME CONTROL IN THE PERSPECTIVE OF CRIMINAL POLITICS Endah Sriwati
Journal Philosophy of Law Vol 4, No 1 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i6.3497

Abstract

The research in this paper aims to find out how crime prevention can be carried out through an integral criminal political approach and whether the handling of crime is as expected. This research is normative by using statutory and conceptual approaches and expert opinions. Crime can be seen from two aspects, namely, from a social perspective. Crime is all kinds of actions and actions that can cause harm, disturb peace and balance, and violate societal norms. Meanwhile, from a formal point of view, crime is an act that violates the law or law, and the perpetrators can be subject to sanctions in the form of imprisonment, fines, and others. The study concluded that integral crime prevention through a criminal political approach could be carried out in a penal and non-penal manner. Through an approach with penal means that focuses more on the repressive nature (suppression/eradication) after the crime has occurred. Meanwhile, non-penal means focusing more on preventive nature (prevention/control) before a crime occurs. Penal means can be carried out through the criminal justice system, namely by applying criminal sanctions as stipulated in the Criminal Code, in particular Article 10 of the Criminal Code, which regulates the types of punishment. In addition, criminal sanctions can be used through other laws and regulations that regulate criminal provisions (Article 103 of the Criminal Code). Crime prevention, through an integral political approach with penal and non-penal means, is intended to improve the perpetrators of crimes, prevent crimes from occurring so that victims do not arise, and, more importantly, in the framework of social defense and social welfare. 
CONCEPTUALIZATION OF TAX BASE EXPANSION IN INDONESIA Suparno Suparno
Journal Philosophy of Law Vol 4, No 1 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i6.3499

Abstract

This study aims to expand the tax base in Indonesia by looking at the data integration plan between the National Identity Number and Taxpayer Identification Number in the Harmonization of Tax Laws and Regulations. This research is included in normative juridical research by studying or analyzing secondary data in the form of primary, secondary, and tertiary legal materials by understanding law as a set of rules or positive norms in the statutory system that regulates human life. The research results show that the legal construction in Indonesia has not yet been explained to what extent and how the data integration of the two identity numbers is, but the purpose of this data integration is, of course, to enrich the tax database. On an ongoing basis, of course, it will increase voluntary compliance from taxpayers and increase state revenue from the taxation sector.
THE URGENCY OF DERADICALIZATION MEASURES FOR TERRORISM INMATES IN CORRECTIONAL FACILITIES Irfan Irfan
Journal Philosophy of Law Vol 4, No 2 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i7.4202

Abstract

Terrorism crimes pose a threat to the state ideology, national security, state sovereignty, human values, and various aspects of societal, national, and state life, and they often have a transnational nature. These terrorism crimes require deradicalization measures for terrorism inmates in Indonesia, taking into account the individual conditions of each perpetrator, their families, and their social environment. The problem addressed in this paper pertains to the urgency of deradicalization measures for terrorism inmates in correctional facilities. This paper adopts an empirical juridical approach, conducting field research that examines legal regulations combined with data and behavior prevalent in society. The research findings indicate that: (1) The implementation of deradicalization measures for terrorism inmates in correctional facilities is not yet effective due to internal factors, which involve the lack of integration in handling terrorism inmates. Additionally, external factors, such as insufficient socialization, lack of training for officers, inadequate support facilities, budget constraints, and limited facilities in correctional facilities, contribute to the inefficiency. (2) The regulation of deradicalization for terrorism inmates in correctional facilities is based on Law Number 22 of 2022 concerning Correctional Institutions. The deradicalization regulation for terrorism inmates is stipulated in Article 54 paragraph (4), which outlines the stages: identification and assessment, rehabilitation, reeducation, and social reintegration. (3) The urgency of deradicalization measures for terrorism inmates in correctional facilities is not specific, as it is still treated similarly to other cases involving inmates. The deradicalization measures are carried out through social reintegration programs, education programs, skills training, and entrepreneurship programs for terrorism inmates, which aims to improve their well-being after their release and facilitate their reintegration into society to support their families. The independence and self-confidence of terrorism inmates in returning to society will prevent them from returning to their terrorist groups.
COMPLEX CHALLENGES IN HANDLING REFUGEES IN INDONESIA: THE DILEMMA OF RATIFYING THE 1951 REFUGEE CONVENTION Bambang Purwanto
Journal Philosophy of Law Vol 4, No 2 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i7.4206

Abstract

This article is a conceptual article created with the aim of analyzing the problems faced by the Indonesian government concerning refugees and identifying challenges in implementing the 1951 Refugee Convention and its 1967 Protocol. The results of the discussion indicate that addressing the refugee issue in Indonesia is highly complex. Although ratifying the 1951 Refugee Convention and its Protocol can substantially protect the human rights of refugees, its implementation in Indonesia faces various challenges caused by several factors, such as the high population density in Indonesia and the absence of laws governing local integrity, leading to difficulties in granting equal rights between refugees and Indonesian natives. Refugees must meet specific requirements according to the Republic of Indonesia Law No. 12 of 2016 on citizenship to have the same rights as Indonesian citizens. Additionally, from an economic perspective, refugee migration impacts Indonesia's financial budget. The aspects of security and social culture are essential considerations, as an increasing number of refugees may cause conflicts with the indigenous population and threaten Indonesia's cultural identity. Although the 1951 Refugee Convention provides standard rights for refugees, the Indonesian government finds it challenging to ratify it due to various obstacles, such as religious differences, marriage laws, labor absorption, and budget limitations. Therefore, the Indonesian government needs to carefully consider before ratifying the 1951 Refugee Convention. Thus, in addressing this complex situation, choosing to act as a transit country and providing protection within its capacity is a wise step in facing this refugee issue.
REFORMULATION OF THE INSTITUTIONAL FUNCTIONS AND AUTHORITIES OF THE NATIONAL COMMISSION ON HUMAN RIGHTS Aris Septiono
Journal Philosophy of Law Vol 4, No 2 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i7.4212

Abstract

The handling of serious human rights violations has become a strategic and prioritized issue for the National Commission on Human Rights (Komnas HAM). This conceptual article aims to evaluate law enforcement efforts regarding cases of serious human rights violations handled by Komnas HAM and identify the obstacles and challenges faced in the process of resolving these cases. The research findings indicate that Komnas HAM has completed investigations into 12 cases of serious human rights violations and forwarded them to the Attorney General's Office as the investigator and public prosecutor. However, the legal process for these cases has stagnated, especially those already decided by the Ad Hoc Human Rights Court, such as the cases of Timor Timur, Tanjung Priok, and Abepura, where the defendants were eventually acquitted. The main challenges faced are the limited willingness and capacity of the Indonesian State to resolve cases of serious human rights violations. Additionally, weaknesses in legal aspects and the political will of the Government and Law Enforcement Agencies also influence the law enforcement process concerning serious human rights violations. Therefore, the novelty offered lies in the importance of a comprehensive evaluation of respect, protection, and fulfillment of human rights as a critical step to enhance the effectiveness of law enforcement regarding serious human rights violations. A reassessment of strengthening Komnas HAM's authority is required to ensure legally binding measures and clear consequences for those who do not comply with Komnas HAM's recommendations.
LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS: AN ANALYSIS OF ACCESSIBILITY IN DIVORCE ganis vitayanty noor
Journal Philosophy of Law Vol 4, No 2 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i7.4322

Abstract

The Indonesian government strives to address the surge in unemployment through innovation via the Indonesian Migrant Worker Protection Agency (BP2MI), which directs the placement of Indonesian Migrant Workers. However, the impact of becoming Indonesian Migrant Workers is not always positive, especially for those who are married, as they are susceptible to divorce. This study aims to understand the impact and Indonesia's role in dealing with the consequences of Indonesian Migrant Workers. A socio-legal approach is employed through field interviews and observations. Findings indicate that migrant labor arises from weak economy, low education, and limited job opportunities. The positives include better employment prospects, higher income, new skills, and long-term benefits through remittances. Conversely, negatives involve divorce issues due to distance, infidelity, financial mismanagement, and other relationships. Legal and social protections are necessary, along with awareness of family impacts. While the Law Number 7 of 1989 concerning Religious Courts regulates divorce, complexities persist, necessitating streamlined administration, such as power of attorney legalization without involving embassies, to avoid clandestine divorce and administrative intricacies.
THE URGENCY OF DEVELOPING THE NATIONAL ECONOMIC LEGAL SYSTEM IN THE ERA OF GLOBAL TRADE BASED ON PANCASILA VALUES Amalia Galih Wangi
Journal Philosophy of Law Vol 4, No 2 (2023)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i7.4434

Abstract

Abstract: Indonesia is one of the countries that is struggling to attract as much investment as possible to build a national economic system to face challenges in the era of economic globalization. The development of a national economic legal system in the era of trade globalization is in accordance with the values of Pancasila. The problems that occur are related to the urgency of developing a national economic legal system in the era of trade globalization based on the values of Pancasila. The method used in this paper is normative legal research, namely through library research by studying books, and supported by field research by interviewing informants related to the subject of this paper. The results of the study show that the development of a national economic legal system in the era of globalization has a major role to play in providing opportunities for economic development to realize people's welfare. The urgency of developing a national economic law system in the era of trade globalization is based on the values contained in Pancasila and the 1945 Constitution of the Republic of Indonesia. The current era of trade globalization with the concept of a liberal economy in the global world cannot be fully and comprehensively applied in Indonesia, especially in implementing the formation of legislation in the field of economic law. Indonesia needs to reorganize the values of the people's economy, the agricultural economy, the Pancasila economy, and others that are protected by an effective legal system and are fully facilitated and fully supported by the state. 

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