Lex Journal : Kajian Hukum dan Keadilan
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.
Articles
104 Documents
<![CDATA[Tinjauan Yuridis Tradisi Adat Uang Belis (Mahar) dalam Perkawinan Masyarakat di Desa Saga Kecamatan Detusoko Kabupaten Ende ]]>
<![CDATA[Moi Wata Lexi Putra, Alexandri De Minggo]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 7 No 1 (2023): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v7i1.6598
<![CDATA[The purpose of this research is to reveal the culture and meaning of belis money, marriage law regulations and the process of giving belis, and the consequences of the high price of belis. This research is a qualitative research. The location of this research is in Saga Village, Detusoko District, Ende Flores Regency, East Nusa Tenggara. The informants in this study were customary chiefs, Saga village heads and belis beneficiary women. Data was collected through interviews and observation. The results of this qualitative study indicate that the belis tradition still applies to the people of Saga village. Belis is not just a dowry in marriage, belis also has a function, namely as a condition for marriage, as a reflection of women's social status and as a change in the status and role of women in the family structure. However, belis is also the reason for violence against women in the household in Saga Village.]]>
<![CDATA[Hak atas Informasi bagi Konsumen untuk Mengetahui Daftar Harga Menu Makanan pada Usaha Kuliner ]]>
<![CDATA[Zain, Reyvaldi]]>;
<![CDATA[Astutik, Sri]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 7 No 1 (2023): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v7i1.6693
<![CDATA[This study discusses the right to information for consumers to know the price list of food menus, in the perspective of UUPK. The purpose of this study is to analyze the problems that exist in the Flora Park in the city of Surabaya, by combining various legal materials with data obtained in the field. The object of this research is that almost every stall in the Surabaya City Flora Park area does not include prices on the menu list. The results of this study indicate that the right to price information regulated in UUPK tends to be business actors who do not know about this law. The reason why business actors do not include prices on the list of food menus is due to several different factors. The obligation to atone for their actions with accountability can be sanctioned in the form of civil compensation penalties and can be subject to criminal sanctions in the form of confinement in accordance with UUPK.]]>
<![CDATA[Perilaku Diskriminasi Gender dalam Pandangan Socio Legal (UU No. 7 Tahun 1984) ]]>
<![CDATA[Sari, Ameliya Ratna]]>;
<![CDATA[Alvandi, Agung]]>;
<![CDATA[Putri, Nasya Aliyyah]]>;
<![CDATA[Khairani, Nisya Hamidah]]>;
<![CDATA[Zafarina, Yusabihu]]>;
<![CDATA[Febrianty, Yenny]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 7 No 2 (2023): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v7i2.7289
<![CDATA[Seringkali perempuan dianggap lemah dengan keterbatasannya dan laki-laki sangat mendominasi karena mampu mengatasi segala hal, sehingga tanpa disadari tindakan diskriminatif akan selalu terjadi dalam tatanan sosial dan meluas di sepanjang kehidupan. Diskriminasi gender tersebut berupa wujud kekerasan maupun psikologis. Dalam hal ini diperlukan pandangan sosiologi hukum untuk mengupayakan kesetaraan hak antara laki-laki dan perempuan mendapat perlindungan hukum yang baik. Tujuan dari penelitian ini adalah untuk menganalisis perspektif sosiologi hukum dan dampak yang diakibatkannya, serta solusi untuk mengatasi diskriminasi gender dalam kerangka sosiologi hukum. Metodologi penelitian khusus ini melibatkan pemanfaatan metode penelitian kualitatif di lingkungan perpustakaan dan teknik analisis isi deskriptif untuk analisis data. Kesimpulan yang diperoleh dari analisis ini adalah untuk memitigasi pertumbuhan kesenjangan gender di semua bidang kehidupan, penting bagi setiap individu untuk memiliki tingkat kesadaran diri yang tinggi mengenai peran dan tugasnya masing-masing. Dengan hal ini memerlukan komitmen yang teguh untuk mematuhi prinsip-prinsip yang mengatur keberadaan manusia.]]>
<![CDATA[Pencemaran Food Waste dalam Perspektif Undang-Undang Perlindungan dan Pengelolaan Lingkungan Hidup ]]>
<![CDATA[Orias, Marco]]>;
<![CDATA[Zaenal, Hery Kurniawan]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 7 No 2 (2023): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v7i2.7661
<![CDATA[This research discusses the impact of food waste on the environment, especially in the context of environmental pollution and statutory regulations. This research provides practical understanding for the community about managing food waste so that it does not cause negative impacts. This research uses a case approach and a normative approach. In this research, it is stated that food waste contributes around 6% of total global greenhouse gas emissions. Waste management in Indonesia is still considered not optimal, with capacity in most districts/cities below 50%. With food waste, food waste disposal activities can produce methane gas, contributing to global warming. Environmental problems and the impact of food waste need to be addressed through legal approaches and public awareness. This research highlights the importance of adopting the circular economy concept and increasing the role of waste banks in waste management. However, it is still necessary to change overall waste management patterns to achieve a sustainable environmental balance.]]>
<![CDATA[Penyelesaian Sengketa Pekerja dalam Perjanjian Kerja melalui Pengadilan Hubungan Industrial ]]>
<![CDATA[Satriawan, Deki]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 7 No 2 (2023): December ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v7i2.7762
<![CDATA[The number of Indonesian citizens who are adults and have reached a productive working life is not commensurate with the existing and available jobs. Most of the workforce in Indonesia has low education, this causes their bargaining position in obtaining work to be low. Work is the main source of income for livelihood, survival and life of all people. Obtaining a job and earning a good and decent income is the basic right of every human being. The Indonesian government has created legislation regarding employment to regulate the relationship between workers and employers. However, there are still many violations committed by employers in making work agreements. The reason is because the position of workers is weak due to the lack of available jobs. So that when looking for work, workers are willing to enter into a work agreement, without paying attention to the rights they lose when entering into a work agreement. Settlement of employment disputes between workers and employers regarding work agreements can be resolved in the industrial relations court. Legal protection for workers in employment agreements is necessary due to their weak position.]]>
<![CDATA[Asset Forfeiture for the Offense of Illicit Enrichment: Between Eradication and Deterrence ]]>
<![CDATA[Ashalirrohman, Yusron]]>;
<![CDATA[Nurhayati]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v8i1.8771
<![CDATA[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.]]>
<![CDATA[Analysis of Human Cloning from the Perspectives of Natural Law, Legal Positivism, and Utilitarianism ]]>
<![CDATA[Putra, Eduard Awang Maha]]>;
<![CDATA[Pratama, Febrian Rizki]]>;
<![CDATA[Mohamed, Muhammad Azimuddin]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v8i1.8774
<![CDATA[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.]]>
<![CDATA[Concept of Restorative Justice in the Crime of Money Laundering which is detrimental to the State due to Corruption Crimes ]]>
<![CDATA[Aniqoh, Ihda]]>;
<![CDATA[Kurniawan, Bagus Dwi]]>;
<![CDATA[Pham, Thanh Nga]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v8i1.8775
<![CDATA[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.]]>
<![CDATA[Indigenous Peoples' Rights in Development of the National Capital City: Between Fulfillment and Violation ]]>
<![CDATA[Rafiqi, Ilham Dwi]]>;
<![CDATA[Gotra, Narayana Maha]]>;
<![CDATA[Anderson, Christine]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v8i1.8798
<![CDATA[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.]]>
<![CDATA[Restorative Justice for Child Abortion Offenders ]]>
<![CDATA[Mutmainnah, Luluk]]>;
<![CDATA[Begishev, Ildar]]>
<![CDATA[ Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July ]]>
Publisher : <![CDATA[Faculty of Law, University of Dr. Soetomo ]]>
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DOI: 10.25139/lex.v8i1.8808
<![CDATA[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.]]>
