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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 63 Documents
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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.
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.

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