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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 16 Documents
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Search results for , issue "Vol. 1 No. S1 (2024)" : 16 Documents clear
The Existence of Forced Money in State Administrative Courts: Eksistensi Uang Paksa dalam Peradilan Tata Usaha Negara Napitupulu, Togu Septian Mardohar; Suhadi, Suhadi
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.7004

Abstract

The authority and significance of the State Administrative Court (PTUN) for seekers of legal truth depends on the implementation of its decisions by state administrative apparatus in accordance with the rulings. As a consequence, the fundamental problem with the existence of the PTUN actually centers on the compliance of State Administrative Bodies/Officials with the bonds stated in the court verdict. Dwangsom or forced money is an additional sanction imposed on the convicted party to pay off a sum of money outside the main sentence, with the intention that the convicted party is willing to carry out the main sentence according to schedule and procedures. The application of dwangsom in the execution of private cases in the General Jurisdiction is anticipated to optimize the success rate of sentence executions. However, the facts indicate that the implementation of dwangsom is still faced with problems, with the PTUN panel of judges rarely handing down dwangsom sentences in order to optimize the executability of the verdict. This article was composed using a literature study methodology, by accumulating, interpreting and reviewing data from various correlated literature sources. Data accumulation is carried out through investigation and restructuring of sources such as scientific journals, reference books, and previous research results. The analysis methodology applied is content and descriptive analysis. Library material from various reference sources is analyzed critically and comprehensively to support the substance of the discussion and the author's conception.
Use of Coastal Boundary Zones for the Interests of the Tourism Industry in Jepara Regency: Penggunaan Zona Sempadan Pantai Untuk Kepentingan Industri Pariwisata Di Kabupaten Jepara Radhityastama, Cahya
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.7643

Abstract

Zona sempandan pantai merupakan area bibir pantai yang menjulang di sepanjang garis pantai, penggunaan Kawasan ini telah diatur dalam undangundang sebagai Kawasan terbuka umum. Tujuan dari penelitian ini yaitu: (1) Untuk mengetahui aturan hukum penggunaan zona sempandan pantai sebagai Kawasan industry pariwisata; (2) Untuk mengetahui kesesuaian aturan hukum terkait dengan pelaksanaan penggunaan sempandai pantai khsus nya di kabupaten jepara.  Berdasarkan analisis penulis terkait dengan penggunaan zona sempandan pantai untuk kepentingan industri pariwisata di kabupaten jepara (1) telah diatur kedalam berbagai aturan hukum diantaranya adalah Peraturan Presiden Nomor 51 Tahun 2016 tentang Batas Sempadan Pantai, Peraturan Presiden RI  Nomor 51 Tahun 2016 tentang batas sempadan pantai, UndangUndang no 1 Tahun 2014 tentang pengelolaan wilayah pesisir dan pulaupulau kecil dan aturan lain nya yang terkait. (2) keseusian penerapan aturan hukum terkait dengan penggunaan Kawasan sempandan pantai khusus nya di kabupaten jepara belum dapat dilaksanakan sesuai dengan  aturan yang berlaku sepenuhnya, hal ini terbukti dari masih banyak nya coffeshop atau resort atau bangunan pariwisata lainya yang menggunakan kawasan pesisir pantai sebagai kawasan pribadi dan menghalangi akses publik untuk turut menikmati kawasan sempadan pantai tersebut. Penulis memberikan pandangan bahwa penerapan atas hukum pengguaan sempandan pantai harus dilalu dengan mekanisme yang ketat serta pengawasan yang  bersinergi dan berkelanjutan untuk menghindari adanya penggunaan-penggunaan illegal yang tidak bertanggungjawab atas Tindakan tersebut. KATA KUNCI :  Penggunaan Zona, Sempandan Pantai, Pariwisata.
Conversion of Tanah Bengkok Land into a Market in Kalikarung Village, Wonosobo Regency: Pengalihan Fungsi Lahan Tanah Bengkok Menjadi Pasar Di Desa Kalikarung Kabupaten Wonosobo Amrullah, Heru Pratama Adnan; Irawaty, Irawaty
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.7896

Abstract

The conversion of bengkok land into a market is an action taken by village officials using village land in the form of bengkok land to build public facilities, namely traditional markets. This study uses a qualitative approach method with empirical legal research. Data was obtained through the Kalikarung Village Apparatus and local residents through interview techniques and literature sources. The purpose of this study is to find out and analyze the conversion of the function of agricultural land in the village of bengkok in Kalikarung based on its function which was originally agricultural land used or aimed at increasing the income of village officials, namely the results of managing the agricultural land are converted into a traditional market aimed at the prosperity of village residents and to find out and analyze the impact of the conversion of the function of the bengkok land. The bengkok land managed by the village apparatus is a source of additional income for the village apparatus itself, but in Kalikarung Village, Kalibawang District, Wonosobo Regency, in managing the bengkok land there is a policy that does not provide certainty regarding the results of managing the bengkok land into a traditional market to the village apparatus and also the community who participate in managing the traditional market. The process of land conversion in Kalikarung village has been carried out and a traditional market has been built on the village's bengkok land, but in its implementation there are problems regarding the distribution of profits from the traditional market, namely the absence of provisions regarding levies for building tenants in the market and their distribution to those who are entitled to receive it.
Stages of Settlement of International Civil Law Disputes: Tahapan Penyelesaian Sengketa Hukum Perdata Internasional Adyaksa, Bryan Rois Putra; Niravita, Aprila
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.8235

Abstract

This research analyzes the stages of settlement of international civil law disputes in the case of Chin Hsiang Electricity & Machinery Co. Pte. Ltd. vs. P.T. Loka Rahayu Plywood Industries. The objective is to evaluate the settlement stages and their legal implications based on the theory of International Private Law (IPL). The research method used is qualitative with a conceptual, case, and comparative approach. Data was collected through literature and documentation studies. The results of the study show that the application of Indonesian Civil Law by the Jambi District Court judge was appropriate, but not transparent regarding the application of IPL. This raises doubts about the application of IPL principles and rules. The conclusion is that transparency in the application of IPL and the role of IPL decisions in the development of national and international law are very important.  
Implementation of Handover of Infrastructure, Facilities and Public Utilities by Housing Developers to Local Government in Kebumen Regency: Implementasi Penyerahan Prasarana, Sarana Dan Utilitas Umum Oleh Developer Perumahan Kepada Pemerintah Daerah Di Kabupaten Kebumen Zulfiyani, Afrida; Kamal, Ubaidillah
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.8288

Abstract

Regent Regulation Number 40 of 2021 concerning Procedures for Handing Over Infrastructure, Facilities and Utilities of Housing and Settlement to the Regional Government is a legal umbrella as well as a guideline for developers to carry out their obligations to hand over PSU that has been completed to the Regional Government. Since its inception in June 2021 until 2023, only 7 housing complexes have handed over their PSU to the Regional Government out of 32 housing complexes registered with the Kebumen Regency Perkim-Hub Service. Many developers have not yet handed over their PSU to the Kebumen Regency Government. This study aims to determine the implementation of Kebumen Regent Regulation Number 40 of 2021 concerning Procedures for Handing Over Infrastructure, Facilities and Utilities of Housing and Settlement to the Regional Government and law enforcement by the Kebumen Regency Government against housing developers who do not hand over PSU after construction. This study applies a qualitative approach with a juridical-empirical method. Data collection through primary, secondary and tertiary legal materials. The results of this study indicate that the implementation of Regent Regulation Number 40 of 2021 concerning Procedures for Handing Over Infrastructure, Facilities and Utilities of Housing and Settlement to the Regional Government has not been implemented optimally. Of the 7 housing complexes that have handed over PSU to the Regional Government, 3 housing complexes of PSU handover were carried out cleanly and clearly by signing the minutes and certificate of PSU handover, while the other 4 housing complexes of PSU handover were carried out through PSU acquisition by the Kebumen Regency Government. Law enforcement by the Kebumen Regency Government against developers who do not hand over their PSU after completion of construction has also not been implemented firmly and consistently because the subsystem of substance has not been fulfilled and the low legal awareness of developers about the importance of carrying out PSU handover.
The Urgency of Integrated Circuit Layout Design Regulation in the Semiconductor Industry (Comparative Study of Indonesia and Japan): Urgensi Pengaturan Desain Tata Letak Sirkuit Terpadu Dalam Industri Semikonduktor (Studi Perbandingan Indonesia dan Jepang) Baiquni, Muhammad Iqbal; Waspiah, Waspiah
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.8304

Abstract

The semiconductor industry plays an important role in the development of global technology, so the need for intellectual property rights protection for Integrated Circuit Layout Design (ICLD) is important. In Indonesia, regulations regarding ICLD still have weak protection for designers. This affects the low number of DTLST registration applications. Meanwhile, in Japan, the regulation of DTLST has mature and structured protection regulations for designers and business actors. This study uses a normative legal research method with a comparative approach and a statutory approach. The results of this study indicate that the DTLST Regulations in Indonesia and Japan have several similarities. However, there are differences between them; Definition of DTLST, Exclusive and Non-Exclusive Exploitation Rights, Reserve Engineering, Compensation Rights Regulations, Regulation of Institutional/Legal Entity Registration. DTLST is very important in the semiconductor industry, especially for IC Chips used in various electronic devices. Large investments in DTLST research and development drive innovation and efficiency in IC Chip production. Japan, with strict regulations and strong government support, has succeeded in increasing its semiconductor market. Japan's DTLST Law protects IPR through comprehensive regulations, in contrast to Indonesia which still faces weaknesses in Law No. 32 of 2000. The lack of substantive examination and understanding of technology in Indonesia hampers the effectiveness of legal protection. Based on this, it can be concluded that the regulation on DTLST in Indonesia still has several weaknesses and can seek to revise Law No. 32 of 2000 by transplanting laws from Japan with adjustments to Indonesia's national interests. Indonesia should strengthen legal protection of intellectual property rights for DTLST designers and business actors in the semiconductor industry.
Legal Protection for Land Rights Holders in the Event of Overlapping Certificates: Perlindungan Hukum Bagi Pemegang Hak Atas Tanah Jika Terjadi Tumpang Tindih Sertifikat Yulianti, Melani
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.9158

Abstract

The effectiveness of the law in preventing and resolving cases of overlapping ownership of land certificates in Cirebon Regency is still not optimal. This can be seen from the continued issuance of SKT for land that has been certified, the lack of coordination between relevant agencies, the inadequacy of supporting facilities and infrastructure, and the low level of public legal awareness. Factors such as weaknesses in implementing regulations, weak law enforcement, limited information technology, and cultural aspects of society also contribute to this problem. To increase the effectiveness of land law, a comprehensive approach is needed that considers the interaction between law and non-legal factors, including the social, economic and cultural conditions of local communities. Legal protection for land rights holders (buyers) whose land overlaps with other certificates in the seller's name is not yet fully optimal. This is reflected in the lack of information transparency, minimal efforts to resolve disputes peacefully, as well as violations of buyers' rights by sellers. In this case of overlapping land certificates, the buyer in good faith suffers a loss because the certificate he has after the sale and purchase transaction turns out to be invalid and does not have a land object that matches the location indicated by the seller. This shows that there is legal uncertainty and a weak process for checking the validity of certificates by Land Deed Making Officials (PPAT) before buying and selling transactions. Even though the buyer's certificate must be destroyed due to legal defects, the buyer has the right to obtain legal protection from the Land Office in the form of issuing a new certificate, facilitating mediation or compensation, guaranteeing legal certainty, and law enforcement against parties involved in issuing fake certificates. This process must be carried out transparently and in accordance with regulations to ensure legal certainty for all parties.
Legal Protection for Victims of Wrongful Arrest Children Viewed from the Perspective of the Juvenile Criminal Justice System: Perlindungan Hukum Terhadap Korban Salah Tangkap Anak Ditinjau dari Perspektif Sistem Peradilan Pidana AnakLegal Protection for Victims of Wrongful Arrest Children Viewed from the Perspective of the Juvenile Criminal Justice System Prameswari, Larasati
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.9184

Abstract

Cases of wrongful arrest in Indonesia still frequently occur due to procedural violations and incorrect identification of perpetrators which are seen as a result of weak professionalism of law enforcement officials. Cases of wrongful arrest in Indonesia not only affect the adult population but also minors. adequate compensation in accordance with applicable laws and regulations. This normative legal research uses a qualitative research approach because it discusses an event, namely the incident of wrongful arrest of a child in Indonesia, using a statutory approach and a case approach. In implementing a juvenile justice system in accordance with Law Number 11 of 2012, there are principles that can be used as a basis for implementing the enforcement of the juvenile justice system, according to which children who are in conflict with the law, whether as perpetrators, witnesses or victims, should be treated in accordance with applicable regulations. and does not violate these principles. However, the fact is that there are still many cases of wrongful arrests experienced by minors, thus making minors victims of the enforcement of the justice system itself. Errors in person that often occur in enforcing the criminal justice system result in violations of the rights of children in conflict with the law, both as perpetrators, witnesses and victims. The form of recovery and compensation that children who are victims of wrongful arrest should receive must also be adjusted to the provisions of the Child Protection Law and also the Child Criminal Justice System Law.
Implementation of the provisions of Articles 2 and 10 paragraph (1) of Regent's Regulation Number 28 of 2013 on Rusunawa Management in Klaten Regency: Implementasi Ketentuan Pasal 2 dan 10 ayat (1) Peraturan Bupati Nomor 28 Tahun 2013 pada Pengelolaan Rusunawa Kabupaten Klaten Apriyanti, Zahra Arintiya
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.9453

Abstract

The construction of flats through Klaten Regent Regulation Number 28 of 2013 concerning Management of Simple Rental Flats in Klaten Regency is one of the solutions from the Klaten Regency regional government in meeting the need for adequate housing with a maximum rental system of 6 (six) years. This research aims to find out how Article 10 paragraph (1) of Regent Regulation Number 28 of 2013 is implemented. The type of research used is empirical juridical research with a qualitative research approach. Data collection techniques in this research were carried out through interviews, observation and literature study. The data validity technique used in this research uses data triangulation validity techniques. The results of this research can be concluded that the implementation of Article 10 paragraph (1) of Regent Regulation Number 28 of the Year has not been effective, where there are 50% of residents who have occupied more than the maximum rental period of 6 (six) years, which is also exacerbated by 59% of residents who have not been able to afford it. prepare a permanent residence. This problem arises because the Regional Government of Klaten Regency has not been firm in implementing existing policies. The action to resolve this problem is to provide a financial assistance program for the construction of housing for flat residents who already have assets in the form of land and continue to allow flat residents who have lived in the flat for more than 6 (six) years to continue living in the flat until the residents can prepare and/or have a permanent residence. The regional government of Klaten Regency, through the flats, is able to realize prosperity and benefits, but there is still a need for harmonization between implementation and existing regulations.
Reformulation of Rehabilitation Arrangements for Narcotics Addicts and Victims of Narcotics Abuse: Reformulasi Pengaturan Rehabilitasi Terhadap Pecandu Narkotika dan Korban Penyalahgunaan Narkotika Mukhoyyaroh, Vina Durrotul
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.9474

Abstract

The large number of criminal cases of narcotics abuse that are sentenced to imprisonment in the jurisdiction of Semarang City, has resulted in violations of the rights of narcotics addicts and victims of narcotics abuse. Even though it has been clearly explained in Law Number 35 of 2009 concerning Narcotics, which requires the punishment for narcotics addicts and victims of narcotics abuse, namely rehabilitation. This research aims to determine the implementation of rehabilitation for narcotics addicts and victims of narcotics abuse in Semarang City and to reformulate rehabilitation arrangements. This research uses a qualitative approach with an empirical juridical type of research. Data sources come from primary data and secondary data and data validity is carried out using the Triangulation method and described using an interactive model. The results of the research show that the implementation of rehabilitation for narcotics addicts and victims of narcotics abuse in Semarang City has not run optimally, which is due to inconsistencies in rehabilitation arrangements in Indonesia and several weaknesses in the arrangements for implementing integrated assessments. Therefore, it is necessary to reformulate rehabilitation arrangements in Law Number 35 of 2009 concerning Narcotics, which contains regulations for implementing a comprehensive integrated assessment process that prioritizes expediency and justice in handling criminal cases of narcotics abuse. Apart from that, there needs to be a common understanding of rehabilitation provisions by law enforcement officials, with the aim that the implementation of rehabilitation for narcotics addicts and victims of narcotics abuse can run effectively and optimally. There are important points in reforming rehabilitation arrangements, such as the redefinition of the terms narcotics addict and narcotics abuse victim, the evidentiary strength of assessment results by the Integrated Assessment Team (TAT), and the application of the Rechterlijk Pardon concept for narcotics addicts and narcotics abuse victims.

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