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Lex Journal : Kajian Hukum dan Keadilan
Published by Universitas Dr. Soetomo Surabaya
ISSN : 25812033     EISSN : 25809113     DOI : https://doi.org/10.25139/lex.v6i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for law and justice observers in their contribution to the development of law. Editors accept independent writings which can be in the form of articles, studies, and research results related to the field of law and justice, in Indonesian and English according to the writing style.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 8 No 1 (2024): July" : 7 Documents clear
Asset Forfeiture for the Offense of Illicit Enrichment: Between Eradication and Deterrence Ashalirrohman, Yusron; Nurhayati
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8771

Abstract

The Indonesian government has ratified the United Nations Convention Against Corruption (UNCAC) or the UN Anti-Corruption Convention with law number 7 of 2006. One of the important issues is the return of criminal assets through asset confiscation and criminalizing illicit enrichment. However, to date the Asset Forfeiture Bill has not been passed. This research aims to examine the practice of asset confiscation in Indonesia, the obstacles that arise as a result of the incomplete discussion of the Draft Law on Asset Forfeiture, giving the impression that there is an attempt to obstruct it, and the urgency of reforming the law for handling criminal acts of corruption by criminalizing asset confiscation for illicit enrichment offenses. This research uses a normative method with a statutory, conceptual and country comparison approach. From the results of this research, recommendations were obtained to strengthen and encourage efforts to ratify the Draft Law on Asset Forfeiture in Indonesia.
Analysis of Human Cloning from the Perspectives of Natural Law, Legal Positivism, and Utilitarianism Putra, Eduard Awang Maha; Pratama, Febrian Rizki; Mohamed, Muhammad Azimuddin
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8774

Abstract

Today cloning has become “the hottest topic” in biotechnology and biomedical studies. The earliest opening questions about human cloning are: Will human cloning become normative on this planet? This seems to be a very simple question, but it is not enough to answer yes or no, it requires deep thinking. The purpose of this research is to analyze the issue of human cloning from the perspective of natural law, legal positivism, and utilitarianism. This research uses an interdisciplinary approach to explore different perspectives in answering the issue at hand. The results show that from the perspective of natural law, human cloning shows that humans have transcended their nature as creatures created by God and instead want to step over God as the creator of all life. While in the perspective of legal positivism, if cloning is done without going through a legal marriage process and can use eggs and any cells other than sperm from the husband and wife concerned, it is very clear that cloning of humans is contrary to or violates positive law in Indonesia (Health Law and Government Regulation on Reproductive Health). Then in the perspective of utilitarianism, the goal of Utilitarian theory can indeed be achieved because cloning can in fact avoid humans from distress or suffering, but this is only for some individuals because cloning does not provide benefits or happiness in a broad scope or in this case society as a whole, especially the lower middle class.
Concept of Restorative Justice in the Crime of Money Laundering which is detrimental to the State due to Corruption Crimes Aniqoh, Ihda; Kurniawan, Bagus Dwi; Pham, Thanh Nga
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8775

Abstract

Every country has the right to resolve money laundering cases through restorative justice in returning assets as an effort to recover state financial losses resulting from criminal acts of corruption through the United Nations Convention Against Corruption (UNCAC) which is signed by 133 countries. The aim of this research is to analyze how the concept of restorative justice is applied in money laundering crimes which are detrimental to the State due to the increasing number of criminal acts of corruption in Indonesia. The type of research used is normative legal research using a statutory approach and a conceptual approach. The results of this research are that the application of the concept of restorative justice in the crime of money laundering which is detrimental to the State due to criminal acts of corruption can be applied in Indonesia as long as it does not conflict with Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Crimes. Corruption Crime. Rules related to the concept of Restorative Justice are contained in the Circular Letter of the Deputy Attorney General for Special Crimes Number: B113/F/Fd.1/05/2010 dated 18 May 2010 and the Letter of the Chief of Police No. Pol. B/3022/XII/2009 concerning the concept of Alternative Dispute Resolution.
Indigenous Peoples' Rights in Development of the National Capital City: Between Fulfillment and Violation Rafiqi, Ilham Dwi; Gotra, Narayana Maha; Anderson, Christine
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8798

Abstract

An ambitious project that aims to distribute government and economic centers more evenly in Indonesia. However, this development process faces significant challenges, one of which is related to its impact on indigenous communities inhabiting the area. This study identifies and analyzes the main problems that arise due to the development of the IKN, especially in terms of the existence and potential of indigenous peoples' rights. The research method used is normative legal research with a legislative and conceptual approach. The results of the study indicate that the rights of indigenous peoples that have been guaranteed by international and national legal instruments have been violated due to the development of the IKN. This is due to the minimal participation of Indigenous peoples in decision-making and the failure to fulfill the rights of Indigenous peoples in the IKN area, such as land rights and control of customary land, original rights, rights to develop and preserve customs, rights to recognition and protection of Indigenous peoples, and other rights. Amid the ongoing IKN development process, the government needs to take steps to restore and protect the rights of indigenous peoples. This research is expected to be part of that reference.
Restorative Justice for Child Abortion Offenders Mutmainnah, Luluk; Begishev, Ildar
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8808

Abstract

The application of restorative justice can only be applied in certain cases. For example, cases involving children are explicitly explained in Article 1 point (6) of Law Number 11/2012 concerning the Juvenile Justice System. Then, what about the child as the perpetrator of abortion who has eliminated the life of his flesh and blood, whether restorative justice can be applied. This study aims to examine the restorative justice approach in the criminal justice system and the punishment of children who commit abortion based on restorative justice. The method used in this research is normative legal research, with statutory, and conceptual approaches. The results showed that restorative justice approach in the criminal justice system can be applied to certain cases. For example, corruption, narcotics, children and so on. While the punishment of abortion offenders based on restorative justice is not necessarily applicable. This is because not all abortions are performed by rape victims.
Legal Aspects of the Marketing of Imported Used Clothes (Thrifting) in the Community Environment According to Business Law Liani, Sesi Safitri; Nurfallah, M. Iip Wahyu
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8834

Abstract

The scope of clothing utilized for public sale or referred to as import items is examined in this study. Now that the issue has been resolved, the goal is to investigate how the legal system views business-related trading garments based on Indonesian trade clothes regulations and status laws. The study's methodology and research approach use method law and case studies. Results from customers' willingness to buy import-related clothing retailers were interviewed as part of the method of collection data employed. Studies show that factor pushers occur during activity marketing. There is still a public desire to purchase and select inexpensive and free clothing and a lack of knowledge about the negative effects. Importing clothing has its market. It is significant in Indonesia, thus importers and distributors view this industry as having business potential.
Dismissal of Acting Provincial Heads in Indonesia Based on the Transparency Principle Perspective Anggraini, Novia Salfat; Affandi, Hernadi
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8855

Abstract

This study examines the legal regulation of the dismissal of acting regional heads in Indonesia, and how to apply the principle of transparency in the dismissal of acting regional heads. This study is normative research that uses qualitative methods and uses a case study approach. Permendagri Number 4 of 2023 concerning Acting Governors, Acting Regents, and Acting Mayors provides special guidelines regarding the appointment, duties, authority, and dismissal of acting regional heads. The Minister of Home Affairs regulates the term of office of the Acting Head of State for 1 (one) year and can be extended for the next 1 (one) year with the same or different person. The extension of the term of office of this acting officer cannot be extended if the results of the Minister's evaluation are followed. The dismissal of acting regional heads in Indonesia, if carried out without the principle of transparency, can cause various problems such as a lack of accountability and a decrease in public trust. To increase transparency, meaningful public participation is needed. The involvement of the Provincial DPRD is also a very crucial thing as a form of representation of the people. The government needs to regulate specific and detailed provisions related to the dismissal of acting regional heads in Indonesia.

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