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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 20 Documents
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Search results for , issue "Vol. 1 No. 3 (2024)" : 20 Documents clear
Legal Regulation of Copyright of Works Created by Artificial Intelligence Creative Economy Actors: Pengaturan Hukum Hak Cipta Karya Ciptaan Artificial Intelligence Pelaku Ekonomi Kreatif Nurjannah, Alifah
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4084

Abstract

Artificial Intelligence, known as artificial intelligence, is a new breakthrough in the current digital era. Artificial Intelligence is considered capable of working and producing work like humans. This has had an impact on the Intellectual Property Rights sector, the existence of a work produced by Artificial Intelligence raises concerns regarding the urgency of protecting works. The purpose of this research is to analyze the legal protection of creations created by creative economy actors who use Artificial Intelligence if they adopt the United States Work Made for Hire Doctrine and/or the urgency of protecting creative economy creative works produced by Artificial Intelligence, including those Creations that can be protected by law. Copyright Act. This writing is normative juridical law writing using a qualitative approach method. The data obtained from this writing is from literature studies, namely books, scientific articles, interviews as supporting data and others. As well as document studies, namely based on statutory regulations. Data analysis uses qualitative descriptive research that is appropriately researched. The research results are: Protection of Creations resulting from Artificial Intelligence if adopting the Work Made for Hire Doctrine provides a solution that the subject of Creation results remains humans. In order to avoid a legal vacuum, Indonesia should be able to create implementing regulations by adopting the United States' Work Made for Hires concept. The urgency of creations produced by artificial intelligence can be included in the scope of creations protected by the UUHC, by paying attention to the principle of originality of creative works by creative creative actors who use applications and act as artificial intelligence programmers as a means of legal protection for their work. 
The Position of Property Rights over Flats as Collateral for Debts Charged with Dependent Rights in Semarang City: Kedudukan Hak Milik Atas Satuan Rumah Susun Sebagai Jaminan Hutang Yang Dibebankan dengan Hak Tanggungan di Kota Semarang Diwasasri, Muhammad Titan; Suhadi, Suhadi
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4085

Abstract

As the owner of the ownership rights to an apartment unit whose ownership is proven by a Certificate of Ownership of the Apartment, the owner of the apartment can apply for credit by using the Certificate of Ownership Rights for the apartment unit he owns as collateral for credit at the bank. With the imposition of mortgage rights on the ownership rights of apartment units in Semarang Tengah District, Kembangsari Village, Semarang City. Taking the problem formulation: (1) Why is the ownership right to the flat unit Kel. Kembangsari, District. Central Semarang, Semarang City used as debt collateral? and (2) What is the procedure for imposing an ownership certificate on an apartment unit, Ex. Kembangsari, District. Central Semarang, Semarang City, burdened with mortgage rights? The method used is a qualitative descriptive legal research method with a sociological juridical approach. The data collected is primary data and secondary data. Data validity using source triangulation techniques. The research results show: (1) Requirements and procedures for guaranteeing ownership certificates for condominium units, Kel. Kembangsari, District. Central Semarang, Semarang City as collateral in a banking credit agreement, namely a certificate of ownership of an apartment unit must meet the requirements for economic value and juridical value. Meanwhile, the procedures in SHMSRS guarantee are stages that have been determined in an organized manner and must be fulfilled for the sake of smoothness and security between debtors and creditors, consisting of the credit application stage, data analysis stage, credit implementation stage, guarantee stage, and credit expiration stage. In these stages, there are several parties who have roles and duties to ensure that the credit is implemented properly, including the bank, the notary/PPAT, and the Land Office. (2) Procedure for Imposing Ownership Certificates on Flat Units in Kel. Kembangsari, District. Central Semarang, Semarang City is closely related to agreements or contracts between legal subjects, namely creditors and debtors regarding debt agreements in the form of, for example, bank credit, with the Ownership Certificate being used as collateral for the debt with the consequence that if the debtor breaks his promise or defaults, then the guarantee is can be executed to take repayment of the debt. The encumbrance procedure is related to the registration mechanism, making Certificates of Ownership Rights for Flats in Kel. Kembangsari, District. Central Semarang, Semarang City, Power of Attorney to Encumber Mortgage Rights, and others.
The Legal Awareness of Cafe Owners towards The Fulfillment of Economic Rights in The Form of Royalty Payment as A Copyright Protection: Kesadaran Hukum Pemilik Kafe Terhadap Pemenuhan Hak Ekonomi Berupa Pembayaran Royalti Sebagai Bentuk Perlindungan Hak Cipta Faisal, Muhammad Hafidz
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4097

Abstract

With the existence of Government Regulation Number 56 of 2021 concerning the Management of Royalties for Copyrighted Songs and/or Music, the commercial use of songs/music is required to pay royalties. Article 2 paragraph (1) and Article 3 paragraphs (1) and (2) of the Government Regulation mention that the party paying royalties through LMKN (Collecting Society for Music Works) is those who publicly announce creations, including cafes that frequently play songs or music through speakers. This research aims to discover facts in the field regarding legal awareness among cafe business operators regarding the payment of these royalties through data triangulation, which involves collecting data through observation, interviews, and documentation. The research location will be initially observed to identify cafes that play songs or music through speakers. After identifying the cafes that play songs or music through speakers, interviews will be conducted with cafe operators to explore their legal awareness regarding copyright and royalty payment obligations, while the researcher gathers documentation as evidence. The findings in the field prove that legal awareness regarding royalty payments is still lacking among many. This is because they have not heard about the royalty policy and also due to a lack of awareness campaigns from the relevant authorities, necessitating awareness campaigns in various regions, as this can be considered a legal violation. Therefore, it can be said that the most influential factor affecting legal awareness here is the legal framework, which should be more proactive in disseminating information regarding this policy and also more stringent in handling violations.
Implementation of Soft Loan Disbursement for Micro Enterprises and Cooperatives Affected by Covid-19 Viewed from the Precautionary Principle: Implementasi Penyaluran Pinjaman Lunak Bagi Usaha Mikro dan Koperasi Terdampak Covid-19 Ditinjau dari Prinsip Kehati-Hatian Fathan, Muhammad Haikal
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.4100

Abstract

In order to handle the economic impact in Rembang Regency, the Rembang Regency government is providing stimulus in the form of strengthening business capital to MSMEs and micro actors who are affected by the economic impact due to Covid-19 in Rembang Regency. by assigning the Regional Owned Enterprise PD BPR BKK Lasem to carry out soft loans for micro businesses and cooperatives. The problems studied include 1.) How to implement the Rembang Regent's regulation No. 44 of 2020 concerning soft loans for micro businesses and cooperatives affected by Corona Virus Disease 2019 (Covid-19) through assignments to PT. BPR BKK Lasem (Perseroda) in Rembang Regency; 2.) How is the The distribution of soft loans for micro enterprises and cooperatives is carried out at PT.BPR BKK Lasem (Perseroda) reviewed the principle of caution in granting credit. Research results show that 1) In its implementation, the Rembang Regency Government has assigned BKK Lasem to provide stimulus from BUMD which can later be distributed to MSMEs and Cooperatives affected by Covid 19. 2) soft loans provided to Micro Enterprises and Cooperatives Affected by Covid-19 in Rembang Regency are operationally in the form of distribution of PT credit products. BPR BKK Lasem (Perseroda), namely Bangkit Micro Monthly Credit (KMB) with 0% (zero percent) interest, without collateral and no administration fees. Meanwhile, insurance and legalization costs are borne by PT. BPR BKK Lasem (Perseroda). The conclusion of this research is that the implementation of the Rembang Regent's Regulation Number 44 of 2020 relating to the provision of soft loans for Micro Enterprises and Cooperatives Affected by Covid-19 in Rembang Regency is a form of the Rembang Regency Government's commitment to regional economic recovery through the placement of APBD funds for operational subsidies to PT . BPR BKK Lasem (Persero) so that it can better carry out its function as a financial institution that can channel public funds effectively and efficiently, especially in credit services intended for Micro Enterprises and Cooperatives which are affected by the Covid-19 pandemic conditions and are hampered by collateral problems.
The Problem of Unavailability of Living For Low-Income Communities in Pekunden Rental Flats: Masalah Tidak Tersedianya Tempat Tinggal Bagi Masyarakat Berpenghasilan Rendah di Rusun Sewa Pekunden Arvante, Jeremy Zefanya Yaka; Irawaty, Irawaty
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.5608

Abstract

Rental flat was built to facilitate low income communities to obtain temporary housing. However, the implementation of the flats was not on target because people who were unfit to live in the Pekunden flats were not disciplined by the UPTD. The legal umbrella for condominiums is contained in Law no. 20 of 2011. Likewise, flats in Semarang City have rules for implementing flats which are regulated in Mayor Regulation No. 7 of 2009. The aim of this research is to identify and analyze the implementation of the rental extension of the Pekunden Rental flat Mayor Regulation of Semarang City No. 7 of 2009 and find out and analyze what repressive efforts there are regarding the problem of unavailability of housing for low income communities in the Pekunden flats.The results of the research carried out were that the Semarang City Government in carrying out the provision of flats did not implement Law no. 20 2011, in practice there are still well-off flat residents living in flats. The conclusion and suggestion from this research is that in implementing the flats, the Semarang City Government does not confirm the termination time for residents to settle. This problem causes the low income communities queue list for Pekunden flats to increase and they never get their rights, so it is necessary to implement implementing regulations regarding termination times and special qualifications for lease extensions by Disperkim or discretion by UPTD. Regarding this problem, repressive efforts must also be found to overcome it.
Legal Issues Regarding Interfaith Marriage According to Indonesian Marriage Laws: Problematika Hukum Terhadap Perkawinan Beda Agama Menurut Undang Undang Perkawinan Sagala, Ermiyani; Fibrianti, Nurul
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.6497

Abstract

This research aims to examine the legal study on the legalization of interfaith marriage and how the government regulates interfaith marriage. This research utilizes a normative legal research method, specifically scientific research, to gather facts that align with legal arguments from a normative perspective, which inventories literature research or studies legal documents from a doctrinal standpoint. Data collection techniques involve documentary research supported by field research to obtain basic legal documents (legal approach) and facts (factual approach) to identify primary, secondary, and tertiary legal documents using a legal concept approach. Thus, from this research, it can be concluded that judges recognize interfaith marriage because of the social and legal aspects they consider. Therefore, this research can discuss both social and legal aspects. The mechanism for applying for interfaith marriage is through court determination according to the provisions of Law Number 23 of 2006 concerning Population Administration. According to Article 35, the registration of marriage with individuals of different faiths must be done upon the court's order. The application is made through the mechanism of a district court decision. Couples marrying from different faiths abroad must go through this process as there are no regulations regarding interfaith marriage in Indonesia. Therefore, the registration of interfaith marriage must be done through a court order. The marriage certificate can be obtained at the Civil Registry Office.
Ownership of Birth Certificate for Children in the Community based on Law No. 24 of 2013 concerning Population Administration (Law, Justice, and Society Perspective): Kepemilikan Akta Kelahiran Bagi Anak di Kalangan Masyarakat Berdasarkan Undang-Undang Nomor 24 Tahun 2013 Tentang Administrasi Kependudukan (Perspektif Hukum, Keadilan, dan Masyarakat) Intani, Lutfi; Utari, Indah Sri
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.6612

Abstract

Right to a Birth Certificate guaranteed in Law No. 39 Year 1999 about Concerning Human Rights, Law No. 23 Year 2002 about Law Concerning Child Protection, Law No. 12 Year 2006 about The Indonesian Consulate General. Law No. 23 Year 2006 about Population Administration. This research aims to educate and provide rights of child that should be obtained from parents and the state. Birth Certificate is an important document that everyone should have, especially Indonesian Citizens. Birth Certificate usually registered by parents when there is a birth. Some of the benefits of a birth certificate are: confirm the lineage, obtain inheritance rights, register for education, requirements for getting a job, travelling abroad, etc. As amendment To Law Number 23 Year 2006 Regarding Population Administration.
The Implementation of Electronic Litigation (e-Litigation) in Efforts to Realize the The Principles of Swift, Simple, and Cost-effective Trials at Semarang District Court: Pelaksanaan Persidangan Elektronik (e-Litigation) dalam Upaya Mewujudkan Asas Persidangan Cepat, Sederhana, Biaya Ringan di Pengadilan Negeri Semarang Safitri, Anisa Endah Dwi; Latifiani, Dian
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.6746

Abstract

Innovative solutions are needed to enhance the efficiency and affordability of the trial process. One such solution is e-Litigation, an electronic trial system that utilizes technology to realize the principles of swift, simple, and cost-effective trials. However, its implementation faces challenges such as limited human resources, infrastructure, and administrative processes. The formulation of the research problem is as follows: 1) How is the Implementation of Electronic Litigation (e-Litigation) in Efforts to Realize the Principles of Swift, Simple, and Cost-Effective Trials at Semarang District Court? 2) What are the obstacles and their solutions in the Implementation of Electronic Litigation (e-Litigation) in Efforts to Realize the Principles of Swift, Simple, and Cost-Effective Trials at Semarang District Court? The research approach used is qualitative legal research with an empirical juridical type. Data is obtained through interviews, documentation, and literature review. Data validity is ensured through triangulation by comparing primary data with secondary data. Data analysis is conducted in three stages: data reduction, data display, and conclusion drawing. The research findings explain the implementation of electronic trials at Semarang District Court to realize the principles of swift, simple, and cost-effective trials based on Supreme Court Regulation No. 7 of 2022 on electronic trials to ensure optimal law enforcement by law enforcement officials during the trial process. There are self-reliant individuals in the community who seek legal assistance independently, and if there are obstacles, they can consult through the e-court corner, Legal Aid Institute of Semarang District Court, or use legal representation in seeking justice. The correlation between the principles of swift, simple, and cost-effective trials and the implementation of electronic trials at Semarang District Court can be seen from the maximum trial time limit of 5 months, features allowing parties to access, download, and upload trial-related documents, integration of electronic media for summoning parties, effective archiving systems, efficiency in trial needs, especially accommodation costs, creating transparency, and eradicating brokers and illegal levies. There are several obstacles including Lack of Public Knowledge, which significantly affects the effectiveness of the law, especially if there are technologically inexperienced individuals who tend to resist change and distrust the legal system. The second factor is Lack of Infrastructure (Network Constraints). 
Legal Assistance and Penal Mediation in Theft Cases Involving Physical Altercations: Enhancing Pancasila Values in Kenteng Village: Bantuan Hukum dan Mediasi Pidana dalam Kasus Pencurian dengan Kekerasan Fisik: Penanaman Nilai-Nilai Pancasila di Desa Kenteng Arifin, Ridwan; Riyanto, R. Benny; Fibrianti, Nurul; Karsinah, Karsinah; Ananta, Bintang Rafli; Zainurohmah, Zainurohmah; Indraswara, Dede; Sulaksmi, Galih Niken Anggoto
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.13199

Abstract

Cases of theft leading to altercations pose significant legal and social challenges that require effective resolution strategies. In Kenteng Village, such incidents frequently escalate into prolonged conflicts between perpetrators and victims. This study aims to evaluate the effectiveness of legal assistance in theft cases through penal mediation, with a focus on reinforcing Pancasila values ​​at the village level. A qualitative approach with an in-depth case study methodology was employed. Data were collected through interviews with perpetrators, victims, authorities, and mediators, as well as document analysis. The study investigates how legal assistance and penal mediation can facilitate conflict resolution while supporting the application of Pancasila values ​​in the case resolution process. The findings reveal that integrated legal assistance and penal mediation can reduce tensions between disputing parties and increase the likelihood of peaceful resolution. Penal mediation, involving a third-party mediator, enables constructive dialogue and fair settlements, considering the interests of both parties. The reinforcement of Pancasila values, such as social justice, humanity, and unity, proves effective in fostering mutual respect and tolerance within the village community. In conclusion, legal assistance and penal mediation not only address legal disputes but also strengthen Pancasila values ​​within the community. Recommendations for future research include the development of mediation and legal assistance training programs based on Pancasila values ​​to extend their application to other regions.
Mechanism of Dismissal of Banyuasin Kembaran Village Apparatus in an Effort to Realize Legal Certainly (Study of Decision Number 1/G/2023/PTUN.SMG): Mekanisme Pemberhentian Perangkat Desa Banyuasin Kembaran Dalam Upaya Mewujudkan Kepastian Hukum(Studi Putusan Nomor 1/G/2023/PTUN.SMG) Santalia, Miftah
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.8623

Abstract

The dismissal of the village apparatus of Banyuasin Kembaran Village, Loano Subdistrict, Purworejo Regency, namely the village secretary, occurred starting from the unrest of the residents and asked for the village secretary to be dismissed, so the village head has the right to sanction and dismiss the secretary. In the implementation of the dismissal that occurred to the secretary, the village head skipped the temporary dismissal mechanism. The court decision stated that the KTUN related to the dismissal of Andika Sari was cancelled. This study aims to look at the mechanism of dismissal of village officials, namely the Village Secretary of Banyuasin Kembaran and explain the ideal pattern in the implementation of dismissal of village officials based on applicable laws and regulations to realize legal certainty. The results of this study indicate that the village head dismisses the village apparatus has passed the proper procedure, namely the temporary dismissal process. Based on the ideal pattern of the mechanism for dismissing village officials, the village head should first carry out a temporary dismissal mechanism and then the village head can dismiss the village officials. in decision number 1/G/2023/PTUN.SMG states that the KTUN issued to be revoked and cancelled. Therefore, it is necessary for the village head to be careful in carrying out his duties and authority and the sub-district head who provides recommendations for dismissal to be more careful and be able to provide guidance to the village head regarding carrying out his duties in organizing the village government.

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