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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 55 Documents
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LAW ENFORCEMENT OF 2024 ELECTION OFFENCES IN CONSTITUTIONAL LAW PERSPECTIVE: A CASE STUDY Aulia, Rahma
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.v6i1.5994

Abstract

Research discusses the challenges and problems faced in law enforcement related to offences of the 2024 simultaneous general elections in Indonesia with a focus on Central Java Province. Through a constitutional law approach, this study explores how Badan Pengawas Pemilu (Bawaslu) plays a role in enforcing the law and preventing offences. The method used in this research is normative juridical with empirical and statutory approaches. Data were collected through a qualitative method by analyzing cases of offences that occurred in Central Java. The results showed that in law enforcement against election offences, Bawaslu Central Java Province focuses on efforts to prevent election offences, with handling offences as the last step if prevention fails. Handling of election offences can come from two sources: namely supervision by election supervisors and reports from the public. If the offence is registered, Bawaslu conducts clarification and if proven, the criminal case is forwarded to the police and the Gakkumdu center, while code of ethics offences are submitted to DKPP and for administrative offences, Bawaslu holds an examination hearing that results in a binding decision. Bawaslu in handling election offences is faced with three challenges, namely multi-interpretive election rules, criminal allegations and a culture of people who are reluctant to report. Constitutional law plays a role in setting clear procedures, such as clarification by Bawaslu, investigation by Sentra Gakkumdu and examination hearings for administrative offences. In practice, justice and consistency in the application of sanctions are still needed, strengthening firmer regulations, increasing institutional capacity and legal protection for reporters.
DELEGATION OF CLINICAL MANDATE IN ANESTHESIOLOGY: A LEGAL AND CHALLENGES PERSPECTIVE Kresnahadi, Ananda Agus
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.v5i2.6402

Abstract

This study aims to critically analyze the delegation of authority for anesthesia and sedation procedures from anesthesiology and intensive care specialists to nurses or anesthesia assistants, and to examine the conformity of such practices with the prevailing legal framework in Indonesia. The research focuses on clarifying the boundaries of authority, legal protection for healthcare workers, and the effectiveness of regulations in ensuring patient safety. This is a normative juridical study using statutory and empirical approaches. Data were obtained through literature review of relevant legislation and in-depth interviews with anesthesiology specialists, nurse anesthetists/anesthesia assistants, and hospital administrators in several regions. The findings reveal that although the delegation of authority is normatively permitted under various regulations—such as Law No. 17 of 2023, Government Regulation No. 28 of 2024, and relevant Ministerial Regulations—its implementation in practice faces significant challenges. Regulatory disharmony, dual nomenclature between certified nurse anesthetists and anesthesia assistants, and the absence of clear professional standards have created legal uncertainty and inter-professional conflicts. On the other hand, these professionals have played a crucial role in providing anesthesia services, especially in regions with limited access to anesthesiologists. Therefore, a comprehensive regulatory reconstruction and restructuring of professional standards are urgently needed to ensure that delegation of authority is carried out safely, legally, and equitably, thereby strengthening a more accessible, equitable, and high-quality national health service system.
CUSTOMARY MARRIAGE VS ISLAMIC: LEGAL ANALYSIS AND STATE RECOGNITION IN FUNCTIONAL STRUCTURAL THEORY Ngazizah, Inna Fauziatal; Dzofir, Mohammad
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.v6i1.6049

Abstract

This article explores the complex interaction between customary marriage and Islamic marriage within the framework of Indonesian legal pluralism. It seeks to examine the legal validity and state recognition of marriages conducted under customary traditions compared to those performed according to Islamic law. The analysis is grounded in the functional structural theory, which posits that each legal and social institution has a function to maintain societal stability. In Indonesia, where both customary (adat) and Islamic norms operate alongside formal state law, the recognition and regulation of marriage practices become a critical point of inquiry. Through normative-juridical analysis, the study reveals that customary marriages—although socially legitimate within their local communities—often face challenges in obtaining state recognition, particularly in relation to administrative documentation such as marriage certificates and civil rights protections. Meanwhile, Islamic marriages, regulated under the Marriage Law No. 1 of 1974 and administered by the Religious Courts, receive formal recognition when they conform to procedural legal requirements. The article emphasizes the need for the state to harmonize these legal systems to avoid marginalization of indigenous practices while ensuring legal certainty for citizens. Using functional structural theory, the study argues that both customary and Islamic marriage systems serve crucial roles in maintaining social order, identity, and cohesion. Legal pluralism, when managed inclusively, can enhance rather than undermine state authority. Thus, this paper calls for more integrative legal mechanisms that accommodate Indonesia’s socio-cultural diversity without compromising legal clarity or individual rights.
ASEAN RESPONSIBILITY TOWARD HUMAN TRAFFICKING VICTIMS UNDER THE ACTIP Eva Arief; Sri Wulandari
Journal Philosophy of Law Vol 7, No 2 (2026): Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v7i2.7348

Abstract

Human trafficking is a transnational crime that threatens human rights and has serious consequences for victims and regional stability. The high vulnerability of Southeast Asia to human trafficking has prompted ASEAN Member States to adopt the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP) as a regional legal instrument to prevent and combat trafficking in persons and to protect its victims. This study aims to analyze ASEAN’s responsibility toward human trafficking victims under the ACTIP and to identify the challenges in its implementation. This study employs normative legal research using a statute approach and a conceptual approach. Legal materials were obtained through library research, including primary, secondary, and tertiary legal materials, and were analyzed qualitatively using a descriptive-analytical method. The findings demonstrate that ASEAN’s responsibility under the ACTIP is manifested through strengthened regional cooperation in preventing human trafficking, protecting and restoring victims’ rights, ensuring access to justice, and coordinating cross-border law enforcement. However, the effective implementation of these responsibilities continues to face several challenges, including differences in institutional capacity among Member States, the lack of uniform victim protection standards, weak mechanisms for monitoring ACTIP implementation, and the limited authority of ASEAN due to the principle of non-interference. Therefore, strengthening regional coordination mechanisms, harmonizing victim protection policies, and enhancing the effectiveness of ACTIP implementation are necessary to ensure more effective protection for human trafficking victims across the ASEAN region.
The Effectiveness of Wallacea Net Operation as a Model for Implementing the Port State Measures Agreement in Indo-Pacific Ema Nurhayati
Journal Philosophy of Law Vol 7, No 2 (2026): Philosophy of Law
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v7i2.7334

Abstract

The Indo-Pacific region faces non-traditional maritime security threats, with Illegal, Unreported, and Unregulated (IUU) Fishing as a multidimensional problem that causes regional economic losses. Indonesia, as one of the largest archipelagic countries in the world, has implemented Wallacea Net Operation to protect its maritime sovereignty from the threat of IUU Fishing, but a comprehensive evaluation of its effectiveness is still limited. This study aims to analyze how the implementation of Wallacea Net Operation as a model for implementing PSMA in the Indo-Pacific region using normative legal research methods through literature studies. The results of the study show that Wallacea Net Operation has a strong historical and legal basis, starting from the Djuanda Declaration in 1957 to the ratification of PSMA in 2016. This operation represents the implementation of coastal state jurisdiction according to UNCLOS 1982 and has shown significant results in reducing IUU Fishing cases in Indonesian waters. However, implementation challenges remain related to limited resources, inter agency coordination, and regional diplomatic relations. Concrete recommendations from this study include harmonization of laws and regulations related to maritime security, increasing the capacity of surveillance technology, strengthening regional cooperation through the Indo-Pacific Fisheries Intelligence Network, intensifying maritime diplomacy to encourage ratification of the PSMA in more countries in the region, and developing effective public diplomacy strategies to legitimize ship sinking policies.

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