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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
Juridical Review of the Problem of Extending Use Rights for Buildings Indicated to Be Abandoned (Case Study at PT Semen Gombong) Andini, Marcelia Puspa; 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.vol1i4.10138

Abstract

There is HGB land indicated as abandoned whose rights will expire in 2027. However, the community asked the Kebumen Regency Kantah and the Central Java BPN Regional Office not to extend the HGB land in the future. Until the author conducted research, the HGB land was still included in the land database indicated as abandoned. The problems studied in this research are: (1) What causes HGB land to be indicated as abandoned?  (2) What is the action of the Central Java BPN Regional Office regarding HGB land that is indicated to be abandoned? and (3) Can HGBs that are indicated to be abandoned be extended? This research uses a qualitative approach method with an empirical juridical research type.  The results of this research show that HGB land which is still included in the land database is indicated as abandoned because the land is not used according to its intended use and cannot be extended. The Central Java BPN Regional Office has carried out control over the HGB land but it has not been optimal due to obstacles related to the limited budget for controlling abandoned land. Then based on the research results related to HGB land and to optimize the stages of controlling abandoned land, the author proposes that HGB holders be able to carry out their obligations, namely utilizing and using the land according to the designation for granting rights, then it is proposed to increase cooperation between rights holders and related stakeholders in the granting process. the right to make decisions on HGB extensions and the need for an additional budget for the implementation of controlling abandoned land carried out by the Central Java BPN Regional Office.
Formulation of Criminal Liability of Corporations Perpetrating Criminal Acts of Terrorism in Law Number 1 of 2023 concerning the Criminal Code: Formulasi Pertanggungjawaban Pidana Korporasi Pelaku Tindak Pidana Terorisme dalam Undang-Undang Nomor 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana Dede Indraswara
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.vol1i4.10213

Abstract

Corporations as subjects of criminal law can be held criminally responsible for corporations as perpetrators of terrorism. In Indonesia, the regulation of Terrorism outside the Criminal Code recognizes that corporate subjects are only those with legal entities and those without legal entities, without knowing the types and application of appropriate criminal penalties. The ratification of Law Number 1 of 2023 concerning the Criminal Code (Indonesian Criminal Code) provides a complement to the criminal liability of corporations that commit acts of terrorism (terrorist corporations) which regulates the type of legal entity, ownership status and legal entity status. In addition, for corporations that have been subject to criminal sanctions, there is still a gap in corporate criminal liability related to the spread of radical corporate teachings. This shows that there is a legal gap between das sein and das sollen related to the type of legal entity, ownership status, legal entity status that has not been regulated in the Terrorism Law, the Terrorism Financing Law and criminal liability for radical corporate teachings in the Indonesian Criminal Code. Research shows that the ideal corporate criminal liability is to form a variety of corporate qualifications so that they are relevant to current needs. In addition, terrorist corporations that have been declared banned often still have significant influence and transform into new entities, so granting legal status that prohibits radical teachings from developing and being disseminated can be a form of accountability for terrorist corporations that embodies a sense of justice.
Critical Review of the Disparity of Criminal Decisions in Narcotics Crime Cases: Tinjauan Kritis Terhadap Perbedaan Putusan Pidana dalam Kasus Tindak Pidana Narkoba Wardani, Dona Febi
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.vol1i4.10557

Abstract

This research aims to identify disparities in criminal decisions regarding Decision Number 46/Pid.Sus/2022/PN.Tmg and Decision Number 48/Pid.Sus/2021, determine the factors that cause disparities in criminal decisions regarding these two decisions, and analyze the fulfillment of society's sense of justice. regarding the disparity between the two decisions. This research is the result of research using doctrinal or normative legal research methods. Data collection was carried out in two ways. One of them is literature study and the other is interviews as supporting material. The data sources for this research include secondary legal materials which consist of three legal materials, namely primary, secondary and tertiary legal materials. The research results show that the decisions studied by the author fulfill a sense of justice even though there are disparities in the decisions in the two decisions. Therefore, the suggestion regarding the results of this research is that the government is expected to update Article 112 Paragraph (1) and Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics so that there is no confusion in the articles and take quick steps to create a program regarding understanding the purpose of punishment for society, for law enforcers the law is expected to be able to understand it carefully and must look at every case of narcotics abuse from the perspective of public justice, for the Supreme Court and the Prosecutor's Office it is necessary to develop guidelines for handling cases or guidelines for sentencing in narcotics cases, for the panel of judges is expected to be able to explain and expressly explain the fairness of the decisions he has determined in his considerations.
The Role Of Forensic Laboratory Results In Proving Document Forgery Criminal Offenses Febiani, Dona
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.vol1i4.10566

Abstract

Implementation of proof in court should rightfully involve judges evaluating all evidence submitted to the court, including the results of forensic laboratory examinations. However, in reality, in some cases, judges overlook the results of forensic laboratory examinations in proving the crime of document forgery. Therefore, this research aims to understand and analyze the role of forensic laboratory examination results in supporting the proof of document forgery, as well as the considerations of judges in placing and evaluating forensic laboratory examination results used as evidence in court. This study employs a juridical-empirical research method with a qualitative approach using primary and secondary data sources. Data validity is ensured using triangulation techniques, while data analysis is conducted through qualitative narrative analysis. The research findings indicate that: 1) Forensic laboratory examination results on documents play a crucial role in supporting the proof of document forgery crimes, as they can be used by investigators to ascertain the authenticity of a document, aid in identifying suspects, and serve as evidence tools such as expert testimony and/or exhibits in court to support prosecution. 2) Judges assess the validity of forensic laboratory examination results by examining the methodology used in the examination and the credibility of forensic experts in conducting the analysis. Furthermore, forensic laboratory examination results can assist judges in deliberating alongside other relevant and supportive evidence. Therefore, judges may render verdicts with at least two valid pieces of evidence accompanied by their conviction. In conclusion, the findings affirm that forensic laboratory examination results can serve as valid evidence in court, playing a crucial role in supporting the proof of document forgery crimes. These results can influence judges in decision-making and aid in uncovering document forgery crimes.
The Role of Case Titles and Reconstruction in Strengthening Investigators' Confidence in Crime Evidence Sadida, Qaulan
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.vol1i4.10579

Abstract

The law enforcement process for suspected criminal acts begins with an investigation process by the police. The investigation is carried out with the intention of finding and discovering an event suspected of being a criminal act so that the next stage can be carried out, namely the investigation. This study uses a normative legal research type with a qualitative approach. Based on secondary data and primary data. The results of this study indicate that: (1) The role of case titles and reconstruction in the Indonesian criminal justice system is as a guide in the process of investigating criminal acts. (2) Case titles and reconstruction play a role in helping investigators collect evidence and strengthening investigators' confidence in collecting evidence to uncover a crime. The conclusion of this study is that case titles play a role in helping investigators collect evidence, while reconstruction plays a role as indicative evidence that strengthens investigators' confidence in uncovering criminal acts.
Implementation of Public Consultation in Land Acquisition for the Public Interest on a Small Scale as a Manifestation of the Principle of Transparency in Good Governance: Pelaksanaan Konsultasi Publik dalam Pengadaan Tanah untuk Kepentingan Umum Skala Kecil Sebagai Perwujudan Prinsip Transparansi dalam Good Governance Syadia, Nadila Audy
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.vol1i4.12662

Abstract

This study was raised from the problem of lack of information and unclearness in the certainty of compensation payments in Klidang Lor Village. This study aims to identify and analyze the implementation of public consultation in land acquisition and identify and analyze the implementation of the embodiment of the transparency principle of Good Governance in the implementation of public consultation. This study uses an empirical legal research method with a qualitative approach that uses primary and secondary data sources. Primary data is carried out through observation, interviews, and documentation studies. Data validation uses triangulation, while data analysis is through data collection, data reduction, data presentation, and drawing conclusions. The results of the study show that the implementation of public consultation on land acquisition for small-scale public interests in the flood control work of the Sambong River, Batang Regency is in accordance with Law No. 2 of 2012 concerning Land Acquisition for Public Interest Development. In the public consultation, there was one affected resident who still objected and was resolved through mediation. That the implementation of the embodiment of the principle of transparency in public consultation activities is in accordance with the transparency indicator although not yet 100%. In this case, the target of implementing the principle of transparency in Good Governance in providing access to information is still limited to interested parties and has not been publicly accessible to the general public. The conclusion in the implementation of public consultation of affected residents has fully supported the development of flood control of the Sambong River in Batang Regency. Suggestions for the government should be to provide certainty by adding provisions for openness of information on the development process and land acquisition in laws and regulations and providing public access to information.

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