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Annual Review of Legal Studies
Published by Universitas Negeri Semarang
ISSN : 30477581     EISSN : 30477875     DOI : 10.15294/arls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Annual Review of Legal Studies aims to provide an in-depth, multidisciplinary annual review in the field of legal studies. The journal scope encompasses a comprehensive understanding of the latest developments in legal theory, legal practice, legal policy, and relevant legal issues globally. The primary focus of ARLS is to present critical and evaluative analyses of key topics in legal studies, including but not limited to Legal Theory, Legal Practice, Legal Policy, and Contemporary Legal Issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2024)" : 10 Documents clear
Actio Pauliana in Bankruptcy Cases and Their Legal Effects (Case Study of Supreme Court Decision No. 388 K/Pdt.Sus-Pailit/2014): Actio Pauliana dalam Perkara Kepailitan dan Akibat Hukumnya (Studi Kasus Putusan Mahkamah Agung No. 388 K/Pdt.Sus-Pailit/2014) Romadhan, Moh Rahmat Rizki; Suprapti, Duhita Driyah
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.4096

Abstract

This research delves into the Actio Pauliana in bankruptcy cases, which involves legal action taken prior to declaring bankruptcy against the Debtor. The method employed in this research is a qualitative approach, utilizing statutory regulations and case studies. This type of research is normative juridical, examining and analyzing Supreme Court Decision No. 388 K/Pdt.Sus-Pailit/2014, the Civil Code, Law No.37/2004, Law no. 40/2007, and interviews with bankruptcy experts. Primary data sources include interviews with bankruptcy experts, while secondary data sources consist of primary legal materials such as legislation and court decisions, along with secondary legal materials like books, journals, and articles related to the research, as well as tertiary legal materials. Researchers gathered legal analysis materials and conducted literature studies, which were discussed qualitatively and descriptively. The discussion in this research revolves around the legal act of transferring company assets through a sale, executed under the name of the President Director before the court's decision to declare bankruptcy, as well as the legal consequences of the sale and purchase agreement, and the examination of evidence regarding the actions of the main director.
Criminalization of Consumers for Criticism Given to Companies Through Cyberspace in Theoretical Studies: Kriminalisasi Konsumen Atas Kritik yang Diberikan Kepada Perusahaan Melalui Dunia Maya dalam Kajian Teoritis Putra, Tegar Islami; Fibrianti, Nurul
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.4098

Abstract

The rapid maneuvering of technology has an impact on the trade sector. Social media is one of the communication mediums that is not uncommon to be used as a means of evaluating a product. However, not all product assessments circulating in the community have a positive impact on the company to be used as a means of product review, there are consumers who make an assessment of a product on social media in a way that is not good, causing harm to the company's image. Whereas the limitation of opinion in Indonesia is a juridical matter. The purpose of this paper is to be able to provide an analysis of the criminalization of consumers for criticism given to companies with criticism given through social media. The research method used in this research is normative juridical research method, conducted by studying and examining the application of legal norms. This study found that in the application of consumer criminalization of criticism given to companies through cyberspace, it can be done if he has fulfilled the elements as stated in the legislation. However, not a few perpetrators are let off by judges for several reasons related to the weak consumer protection regulations in Indonesia. So in this case, it is important for judges to be able to pay attention to expert theories in making decisions, such as Speech Act Theory and Injuria Sine Damno Theory.
The Validity of Issuing a Family Card for Unregistered Marriage Status: Keabsahan Penerbitan Kartu Keluarga Berstatus Kawin Belum Tercatat Khasanah, Sofiyatul
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.5652

Abstract

Registering a marriage that has taken with an institution that has the right provide legelization for marriage registration, is a condition for validity of the marriage. registering a marriage is proof that a marriage has occurred and results in the issuing a family. This family card is one of the piece of evidence in administering the child in the future. Then what about couples who have married but not have not yet registerered their marriage? The government has innovated for couples who want to issue a family card but are still hampered by not having a marriage certificate, namely by providing a special identification card in the form of a Statement of Absolute Resposibility (SPTJM). With this special sign, couples who have not registered their marriage can apply for a family card. The purpose of the writing is to find out the validity of issuing unregistered cards and what the impct is on childern born from unregistered marriage. In order to find the results of this research, the type of researcher took was normative legal research. Normative legal research aims to enable researchers to solve problem by using various library materials that are appropriate to the research object. With this research, the reachers conclude that making a family card with nregistered marital status is valid or legal. By using SPTJM where SPTJM has been regulated in existinng legislation in Indonesia. The Impact for childern born to unregistered married couples is the child will lose the right they have, in the form of posiyion and status of the child , right to inheritance, and right to identy.
The Role of Law in Protecting Business Entities Injured by Consumers in E-Commerce Transactions: Peranan Hukum dalam Melindungi Pelaku Usaha Yang Dirugikan Konsumen dalam Transaksi E-Commerce Febriyanti, Ferli
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.5692

Abstract

Violations in e-commerce transactions are not only felt by consumers, but sellers as business entities also experience losses due to negligence and bad faith on the part of consumers. This results in neglect and legal uncertainty for business entities. This research examines and investigates legal regulations in protecting business entities injured by consumers in e-commerce transactions. The research employs a normative legal research method with a legislative approach. The study concludes that legal protection for business entities is not yet optimal. Existing regulations tend to provide protection to consumers as vulnerable parties, making it difficult for business entities to obtain their rights when they suffer losses. Legal protection for business entities is often unresolved due to the lack of good faith from consumers. If disputes arise from such transactions, they can be resolved through both repressive and preventive legal protection. Repressive legal resolution can be achieved through litigation and non-litigation methods, emphasizing the importance of the government's role and law enforcement in protecting the rights and legal certainty of business entities in e-commerce transactions.
Implementation of Wiretapping Authority by Prosecutors in Corruption Crimes in Central Java: Implementasi Kewenangan Penyadapan oleh Jaksa Dalam Tindak Pidana Korupsi di Jawa Tengah Heryanto, Diana Marlisye; Sumardiana, Benny
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.5879

Abstract

Corruption is a serious threat to the development and welfare of Indonesian society. Wiretapping is one of the powers given to prosecutors to uncover corruption cases. This research aims to analyze the legality of the Prosecutor's authority in conducting wiretapping in corruption cases in Central Java and analyze the implementation of wiretapping authority by the Central Java High Prosecutor's Office. This research uses a qualitative approach with empirical or non-doctrinal research. The research location is the Central Java Prosecutor's Legal Area. Data collection was carried out by observation and interviews, as well as using an interaction data analysis model. The research results show that the prosecutor has the legal authority to conduct wiretapping in cases of criminal acts of corruption in Central Java. This authority is based on Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia and the Criminal Procedure Code (KUHAP). However, the implementation of wiretapping must comply with established procedures and limits. The Central Java High Prosecutor's Office has implemented wiretapping authority in handling around 10 corruption cases in the last two years. Wiretapping procedures include applying for permission, limiting the subject and time of wiretapping, making an official report, and using the results of wiretapping as evidence in court. The obstacles faced include limited human and technological resources and maintaining the security of wiretapping results.
Implementation of the Principles of Free, Prior and Informed Consent in the Field of Natural Resources Utilization within the Indonesian Regulatory Framework: Implementasi Prinsip Free, Prior and Informed Consent Pada Bidang Pemanfaatan Sumber Daya Alam dalam Kerangka Regulasi Indonesia Winarsih, Winarsih; Wulandari, Cahya
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6136

Abstract

Free, prior and informed consent (FPIC) is one of the principles that emerged from international declarations and conventions. Indonesia is a country that is active in several conventions and declarations. However, there is no recognition in national regulations that explicitly incorporates FPIC elements in their entirety. On the other hand, there is a prolonged conflict between indigenous communities and project initiators resulting from various kinds of problems. This article aims to conduct an analysis related to FPIC in regulations in Indonesia both at the national and regional levels. This research uses normative juridical methods using library materials as the main source. The results of this research are: First, FPIC has basically begun to be recognized in regulations at the central level. However, this recognition is still partial and implicit. Second, in regulations at the regional level such as Minahasa Regency, Bengkayang Regency and Central Sulawesi Province, several elements of FPIC have also begun to be absorbed and explicitly recognized. This is marked by the preparation of general guidelines for implementing FPIC in the form of a Regulation of the Governor of Central Sulawesi Province.
Registration of Trademarks Rejected in Other Countries in Accordance with Ratification of the Madrid Protocol: Pendaftaran Merek Yang Ditolak di Negara Lain Sesuai Dengan Ratifikasi dari Protokol Madrid Sasvia, Hayyu; Sulistianingsih, Dewi
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6155

Abstract

Current globalization has had an impact on goods, services, labor, etc. that flow freely between countries in the world. Indonesia itself is no exception to this global phenomenon. The free flow of trade in and out of Indonesia makes products from Indonesia vulnerable to being imitated if they are not protected, especially protecting their trademarks. Not only brands from Indonesia must be protected domestically, but they also need protection abroad. Efforts to protect brands from Indonesia can be carried out through country or international registration mechanisms. This article attempts to explain that international registration can be carried out effectively through the Madrid Protocol, which provides for centralized trademark registration at the World Intellectual Property Organization (WIPO), rather than registering trademarks centrally. Trademarks in the respective countries where the goods or services are intended to be traded. The purpose of this article is to find out how the implementation of trademark registration based on the Madrid Protocol after its ratification in Indonesia and how the impact of trademark registration carried out in Indonesia has had an impact in other countries that have implemented and ratified this system.
Potential of Geographical Indications of Coffee as ​​an Effort to Improve Community Welfare in Ngresepbalong Village on the Slope of Mount Ungaran: Potensi Indikasi Geografis Kopi Sebagai Upaya Peningkatan Kesejahteraan Masyarakat Di Desa Ngresepbalong Lereng Gunung Ungaran Mustaidah, Nurul; Waspiah, Waspiah
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6376

Abstract

Geographical indication, this coffee can be identified as a product that comes from a particular region, which in this case the selling value and products of this coffee can increase. But in reality, the potential of geographical indications of coffee in Indonesia is still not fully utilized or used to improve the welfare of the community. This paper formulates two main issues: (1) Requirements and procedures that must be met to obtain legal protection of the potential geographical indication of coffee from Ngresepbalong Village, Ungaran Mountain Slope, 2) Potential geographical indication of coffee from Ngresepbalong Village on the slopes of Mount Ungaran as an effort to improve the welfare of the community. The method used in this writing is normative juridical research method. This normative legal research focuses on primary and secondary legal materials, namely research that leads to the norms that exist in the legislation. Based on the discussion, it can be concluded that Geographical Indications of coffee have significant potential in improving the welfare of the community in Ngresepbalong Village on the slopes of Mount Ungaran. With Geographical Indication certification, coffee produced in the area can be guaranteed to have a unique and distinctive quality, and has a high reputation in the international market. Geographical Indication of coffee can be an effective tool in improving the welfare of the people in Ngresepbalong Lereng Gunung Ungaran Village, as well as maintaining the cultural identity and traditions of the area.
The Legal Basis of Electronic Signatures in Civil Dispute Evidence in Indonesia: A Study of the Indonesian Information and Electronic Transactions Law (ITE Law): Dasar Hukum Tanda Tangan Elektronik dalam Pembuktian Sengketa Perdata di Indonesia: Kajian Terhadap Undang-Undang Informasi dan Transaksi Elektronik Indonesia (UU ITE) Arbaya, Nisma Raditya; Baidhowi, Baidhowi
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.6498

Abstract

Documents signed electronically using electronic signatures are governed by the Indonesian Information and Electronic Transactions Law (ITE Law), which regulates electronic information, electronic documents, and/or their printed results. According to the ITE Law, printed results, electronic documents, and/or electronic information are all considered valid additional evidence that can be used in court. These pieces of evidence constitute an extension and valid evidence according to the applicable procedural law in Indonesia and are also valid evidence in court. The research technique used to compile this article is literature research or normative juridical method, classified as legal research. Several court decisions have defined the legal authority of electronic signatures from the perspective of civil law. Thus, it is clear that from the perspective of civil law, electronic signatures have the same legal force as traditional signatures made with wet ink and have legal consequences. The considerations of judges in civil judgments consist of two parts: factual considerations, which are the evidence submitted by the parties, which party's evidence reaches the minimum threshold of proof, what arguments are proven, and to what extent the probative value held by the parties. The second part relates to legal considerations, including articles in statutory regulations and unwritten law as the basis for making judgments.
Strengthening Nationalism and Insight in Kenteng Youth through Pancasila-Based Street Law Education: Penguatan Nasionalisme dan Wawasan Melalui Street Law Education Berbasis Pancasila untuk Pemuda Desa Kenteng Arifin, Ridwan; Wedhatami, Bayangsari; Alkadri , Riska; Ananta, Bintang Rafli; Damayanti , Fitria; Baiquni, Muhammad Iqbal; Sari , Dewi Puspa; Herawan , Wahyu Nandang
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.13220

Abstract

Social transformation focusing on youth through Pancasila-based legal education has been implemented in Desa Kenteng using the Street Law model. This study aims to evaluate the effectiveness of this model in strengthening nationalism and national awareness among village youth. The Street Law method, which integrates Pancasila principles with legal theory and practice, is designed to enhance legal understanding while instilling national values in a local context. The results of the program indicate a significant increase in legal knowledge, with basic legal understanding rising from 30% to 75% after six months. Additionally, there was a substantial increase in nationalism and awareness of Pancasila values, from 40% to 85%, and a rise in social participation from 20% to 60% among village youth. Despite these positive outcomes, challenges such as uncertainty in practical legal application and the need for ongoing support from government and local legal institutions remain. This study recommends integrating national values into legal education policies and adapting program models to local contexts to ensure broader and sustainable impact in other regions.

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