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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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POLICY OF HEALTH CHECK-UP ON PROSPECTIVE HAJJ PILGRIMS Roslan, Rosidi; Darojat, Rofiud; RF, Mochamad Gesta; Nugraha, Andhika; Aimanah, Ira Ummu
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4894

Abstract

The purpose of this study is to investigate and analyze the health examination policy for Prospective Hajj Pilgrims (PHP) and the issues encountered. The research method employed is juridical-normative, using a legislative approach, with secondary data consisting of legislation and reference sources. The collected data were analyzed using descriptive-analytical techniques. The findings indicate that the PHP health examination program by the district health office has implemented the Minister of Health Regulation regarding PHP Health Isthita'ah through a first and second stage examination mechanism for determining health isthita'ah status which includes anamnesis, physical examination, supporting examinations, diagnosis, determination of health isthita'ah, recommendations, and follow-up plans on examination results. However, there are policy gaps regulating disease criteria that meet the istitaah requirements and are fit to fly at the third stage of inspection. There is no continuity of the first and second stage inspection policy with airworthiness. Technical instructions that regulate the limits of the health development program for PHP need to be adjusted to improve the health status of those PHP and provide certainty regarding the departure of PHP in terms of health.
PATTERN OF RELATIONSHIP BETWEEN THE CAPITAL CITY OF THE NUSANTARA AND THE GOVERNMENT OF EAST KALIMANTAN PROVINCE Ramdhan, Isnaeni; Rachman, Cipta Indralestari; Novratilova, Monica Ruzz
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4896

Abstract

The position of the Nusantara Capital City as the capital of the unitary state of the Republic of Indonesia in the territory of East Kalimantan Province, not only refers to Law Number 3 of 2022 concerning the National Capital City but also refers to Law Number 23 of 2014 concerning Regional Government and its amendments. The status of the Nusantara Capital City as a provincial-level regional government, as a special region, and its implementation is carried out by the Authority raises a new paradigm in the administration of regional government. The equality between the Archipelago Capital and East Kalimantan Province also has consequences in the relationship of governance in the two local governments. This paper will elaborate on the pattern of relations between the Nusantara Capital City Authority and the East Kalimantan Provincial Government, its potential implications, and solutions. Based on the literature study, it is concluded that the pattern of relations between the Nusantara State Capital Authority as a provincial-level special regional government and the East Kalimantan Provincial Government is coordination, potential problems arising from the unclear position of the Nusantara State Capital Authority as a ministerial-level special regional unit, and the implementation of unregulated government affairs such as environmental management and protection, budget management, local business development, population data on the Nusantara Capital which has implications for citizens' political rights, problem solving through the establishment of implementing regulations regarding the resolution of potential problems.
THE URGENCY OF FINGERPRINTS AS EVIDENCE IN CRIMINAL JUSTICE PROCEEDINGS Krismiyarsi, Krismiyarsi; Soleh, Adi Nur; Karyono, Hadi; Pancawisma, Mahmuda
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.5157

Abstract

The Stages in the criminal justice process, starting from the investigation, prosecution, examination before the court, to the implementation of the court decision or execution. At each stage there are several actions that must be taken to be able to enter the next stage. Fingerprints are lines found on the skin of the fingertips of a person's right and left hands. The fingerprints of criminals are often left at the crime scene. Inquiries and investigations as one of the stages in the criminal justice process are intended to make clear and clear a criminal case in order to find the perpetrator. In carrying out inquiries and investigations, it is necessary to secure the place where the crime occurred to carry out fingerprint identification of the victim or perpetrator of the crime. This research uses a normative juridical research type with a statutory approach, concept approach and case approach. Using secondary data as main data through: statutory regulations, literature books, and criminal cases. Analysis uses qualitative analysis. The aim of this research is to analyze the urgency of fingerprints as evidence in the criminal justice process. The results of the research show that: The urgency of fingerprints in the criminal justice process is that apart from having an important function in the inquiry and investigation stages, they are also important as evidence for expert testimony, documentary evidence and indicative evidence in the evidentiary process at court hearings. Apart from being a piece of evidence, the perpetrator's fingerprints also function as evidence at trial, because the fingerprints on the tools used to commit the crime are accurate evidence regarding who the perpetrator was.
CRIMINAL POLICY ON INDONESIAN POLICE RESTORATIVE JUSTICE IMPLEMENTATION PERIOD 2021-2023 Nugroho, Sofyan; Pujiyono, Pujiyono; Supeno, Bambang Joyo
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4895

Abstract

Criminal policy or criminal politics as an effort to prevent and control crime is essentially an integral part of efforts to protect society (social defense) and efforts to achieve social welfare, both of which are an integral part of social politics (social policy). This is related to the criminal justice system is carried out by the police as the front guard in maintaining security and social order in society and law enforcement. Legal reform carried out by the Police through Restorative Justice is a new instrument in realizing social justice. Therefore, the first formulation of the problem in this paper is a) What is the regulatory framework of Indonesian Police Restorative Justice in Indonesia? b) How is the implementation of Indonesian Police Policy of Restorative Justice in Indonesia period 2021 – 2023? Methodologically, this research uses a qualitative approach, with a qualitative research design and literature study. The research results show a number of findings: First, there are still very few cases that use alternative dispute resolution for criminal acts. Second, the importance of a legal and regulatory policy framework that is based on restorative justice that is fair and has legal certainty.
IDEOLOGICAL AND LEGAL POLICY PERSPECTIVES ON THE EXISTENCE OF ROHINGYA REFUGEES IN INDONESIA Fuady, Muhammad Irham; Zulkarnain, Zulkarnain; Berlian, Hangrengga
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.5219

Abstract

The occurrence of the Rohingya and Rakhine ethnic conflict is a religious conflict in Myanmar between Islam and Buddhism that makes attention to the world, because the conflict resulted in ethnic Rohinya fleeing to neighboring countries, one of which is Indonesia. Indonesia is a legal state that upholds the sovereignty of the Unitary State of the Republic of Indonesia, but in addition to sovereignty there is a state ideology in the form of Pancasila which contains many humanitarian values. The purpose of this research is to find out the legal policies contained in Indonesia and how the Pancasila values are viewed towards foreigners who are refugees. The type of research used is normative or commonly called library research, the research approach is carried out with descriptive analysis with data collection techniques in the form of literature review, books, mass media, articles, journals, internet. The results of this study are that actually internationally normative, Indonesia has not ratified the 1951 convention and 1956 protocol, but Indonesia itself has specific guidelines for handling refugees contained in Presidential Regulation Number 125 of 2016 and Law Number 37 of 1999. There are several things that make Indonesia unable to ratify the Convention, namely if Indonesia ratifies it must comply with the convention, for example Article 17 of the 1951 Convention, namely the state must be responsible for providing jobs for refugees, even though Indonesia as a developing country still has a high unemployment rate, then Article 21 there is a provision that refugees must be given a house, even though the poverty rate of Indonesian citizens is still high and other articles that the Indonesian people have not been able to fulfill what is required in the convention. Then if seen from the point of view of Pancasila, Pancasila contains humanitarian values which means that upholding the human rights of anyone, including Rohingya refugees.
THE AUTHORITY OF INVESTIGATORS TO TERMINATE INVESTIGATIONS FROM A LEGAL PERSPECTIVE IN INDONESIA Prasetyoandi, Destri
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4892

Abstract

This study aims to understand how law enforcement is regulated according to Law Number 8 of 1981 and how the criminal investigation process can be terminated by investigators. This research uses normative legal research methods, utilizing both primary and secondary data. The research approach used is a legislative approach. The results of the study show that in the Indonesian Code of Criminal Procedure (KUHAP), there are provisions that allow law enforcement officers, especially investigators and public prosecutors, to discontinue a criminal case from proceeding to trial. This can be done through the termination of investigation or prosecution. However, the authorities stipulated in the KUHAP to discontinue a criminal case to court, such as the termination of investigation and prosecution, do not provide a legal basis for investigators to settle cases peacefully. Instead, the KUHAP follows the principle of legality in prosecution, obliging investigators and public prosecutors to prosecute all cases that meet legal requirements in court, in accordance with Article 140 paragraph (2) linked to Article 14 of the KUHAP. Although Article 140 paragraph (2) of the KUHAP indicates that the KUHAP does not adopt the principle of opportunity in prosecution but follows the principle of legality, the explanation of Article 77 of the KUHAP acknowledges the principle of opportunity. This principle gives authority to public prosecutors to postpone or suspend a case that actually meets the legal requirements for prosecution, for the public interest. However, this authority cannot be a legal basis for settling cases peacefully outside of court, as reasons of interest in peaceful settlement cannot be considered as reasons of public interest, as explained in the Explanation of Article 35 Letter c of the Indonesian Prosecutor Law No. 16 of 2004.
JURIDICAL ANALYSIS OF SHARIA-BASED ORAL HEALTH SERVICES IN HOSPITALS Sukini, Sukini; Santoso, Moh Imam; Aditya, Alif Krisna
Journal Philosophy of Law Vol 5, No 2 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i2.5383

Abstract

This article aims to provide an analysis of the intersection of Islamic Sharia principles, legal frameworks, and professional standards in the context of oral health care provided in hospitals. This research will offer a comprehensive review of how these elements interact to shape the ethical and legal landscape of dental and oral health services. The study employs a normative juridical research approach with a legislative perspective, utilizing library research data that is analyzed qualitatively in a descriptive manner. The analysis reveals that, from an Islamic perspective, health is considered a divine gift that each individual must be accountable for, and it is crucial for patient satisfaction in achieving optimal health outcomes. The role of stakeholders is vital to ensure the delivery of high-quality services, necessitating the implementation of robust health service standards that prioritize responsibility, safety, equity, and inclusivity. Furthermore, stakeholders need to further examine the significance of oral health in Islamic views, emphasizing its role in the digestive system and religious practices. This research delves into the development of Sharia-based health sectors, including hospitals, medical device manufacturers, and pharmaceutical companies, with a focus on patient-centered care and the integration of Islamic values. The roles of oral health professionals, such as dentists and dental therapists, are highlighted, with an emphasis on the importance of ethical and patient-centered practices. Overall, this study aims to contribute to a comprehensive understanding of how Sharia principles can enhance oral health services and optimize individual well-being
FAIR TRIAL FOR PERSONS WITH DISABILITIES: IDEALITY VS REALITY Amalia Nugraheni, Novie; Kristanto, Andri
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4893

Abstract

The purpose of this research is to analyze the barriers in fulfilling the rights of persons with disabilities in the fair trial process to provide legal protection to persons with disabilities. The type of research used in this study is juridical normative research using secondary data obtained from previous research. The data analysis method used is qualitative by collecting data in the form of applicable laws, books, journals related to persons with disabilities and law enforcement, and interviews with stakeholders involved. The research results show that fair trials for persons with disabilities are still an ideal that has not been fully achieved. Real commitment and action from the government, law enforcement, and society are needed to ensure the protection of the rights of persons with disabilities in the justice system. There is still a lack of understanding and awareness of their needs, but increased awareness and training can help address this issue. Fair trials must consider limited physical accessibility and alternative communication facilities, and ensure adequate training for court staff. Concrete actions are needed to improve awareness, training, and accessibility in the justice system.
INTEGRATION OF CUSTOMARY LAW AND CONFLICT RESOLUTION IN MULTICULTURAL SOCIETIES Dewi, Mieke Anggraeni; Kuswarini, Kuswarini; Winarni, Widiati Dwi
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.5819

Abstract

The purpose of this research is to analyze the challenges in integrating customary law into Indonesia's national legal system and to identify mechanisms for resolving customary law conflicts. The methodology used is a normative legal research with an empirical and legislative approach, where the data collected comes from literature review and legal studies. These data are qualitatively analyzed to understand the relationship between customary law and state law, as well as the challenges faced in their integration process. The findings show that one of the main challenges in integrating customary law into national law is the difficulty in harmonizing the local wisdom values embedded in customary law with the more formal and universal state legal system. The normative discrepancies between the two often lead to legal conflicts, especially in communities that have a legal system deeply intertwined with local culture and social structure. Additionally, the limited knowledge of customary law among indigenous peoples and law enforcement officers also hampers the effective implementation of state law. A successful integration process requires an inclusive approach involving the government, indigenous communities, and other stakeholders in creating dispute resolution mechanisms based on mediation and cross-cultural dialogue. The conclusion of this study is that the integration of customary law into the national legal system requires strategic measures that respect local wisdom values, strengthen the capacity of indigenous communities in understanding law, and support policies that encourage conflict resolution through dialogue and mediation. The recommendation proposed is the importance of formulating policies that provide space for customary law within the national legal framework, as well as the need for training law enforcement officers on customary law to ensure a harmonious and mutually supportive integration of both legal systems.
ERADICATION OF ILLEGAL FISHING IN INDONESIAN WATERS FROM THE PERSPECTIVE OF INTERNATIONAL LAW Falah, Ashhabul; Arief, Eva
Journal Philosophy of Law Vol 6, No 1 (2025)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v6i1.5860

Abstract

Illegal fishing, or unlawful and unregulated fishing activities, has become a major issue faced by Indonesia as a maritime nation due to its geographical location between the Indian and Pacific Oceans. This activity has negative impacts on the economy, the sustainability of fishery resources, and Indonesia’s marine environment. Numerous arrests of unauthorized foreign vessels that deliberately intrude into Indonesian waters to exploit marine resources highlight the severity of the problem. As Indonesia holds a highly strategic position, it is increasingly vulnerable to various forms of illegal fishing crimes.  This study employs a normative juridical method with a legislative and documentary approach. The data sources include primary data in the form of international legal provisions related to illegal fishing, as well as secondary data obtained from the Ministry of Maritime Affairs and Fisheries. The findings indicate that the eradication of illegal fishing in Indonesian waters, from the perspective of international law, is strictly regulated, particularly under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which governs state rights within the Exclusive Economic Zone (EEZ) and territorial waters. Indonesia actively participates in various treaties and conventions to combat illegal fishing and collaborates with other nations in these efforts.  Indonesia has encountered fluctuating challenges in its efforts to combat illegal fishing. The relevant authorities enforce strict measures by cooperating with law enforcement agencies and local communities, while the government continuously monitors its waters both independently and in collaboration with other countries. Additionally, the presence of numerous unauthorized activities in Indonesian waters necessitates the involvement of all stakeholders to safeguard the country’s marine and fishery resources from various maritime crimes, particularly illegal fishing.

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