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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 65 Documents
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Rechterlijk Pardon Concept for Elderly Criminal Offenders: Konsep Rechterlijk Pardon Bagi Pelaku Tindak Pidana Lansia Angga, Angga; Maskur, Muhammad Azil
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.vol1i3.10883

Abstract

The concept of rechterlijk pardon is a reform in the Criminal Code that can ease the burden on elderly people who are perpetrators of criminal acts. Efforts to avoid being sentenced to prison remind the author of restorative justice which prioritizes restoration or returning to the original situation for both the victim and the perpetrator. In this research, there are 2 (two) problem formulations, namely whether the rechterlijk pardon concept can be applied to elderly criminal offenders and how the rechterlijk pardon concept can be applied to elderly criminal offenders to realize restorative justice. This research uses a qualitative research approach and normative juridical research. The research focuses on juridical review in the concept of rechterlijk pardon in the Criminal Code. Research comes from primary legal materials such as the Criminal Code and relevant legal instruments, then secondary legal materials, such as books and literature in the form of legal journals, and various dictionaries as tertiary legal materials. Triangulation techniques are used to validate data with sources, theories and previous research. Based on this research, according to the concept of rechterlijk pardon in the Criminal Code, judge forgiveness can be applied to criminal offenders aged 75 years and over. However, based on research regarding the physical and psychological condition of the elderly, elderly people under 75 years also require special attention in sentencing. Apart from that, the concept of rechterlijk pardon would be better if it worked in accordance with restorative justice which provides a win-win solution for both the victim and the perpetrator.
Strategy to Increase Political Participation of People with Disabilities Based on Functional and Contextual Approach Good Election Perspective (Study at KPU Purworejo Regency): Strategi Peningkatan Partisipasi Politik Penyandang Disabilitas Berbasis Functional and Contextual Approach Perspektif Good Election (Studi di KPU Kabupaten Purworejo) Harum Isnin, Harum; Hidayat, Arif
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.vol1i3.11151

Abstract

The implementation of elections in Indonesia is a manifestation of political rights for citizens, including people with disabilities as regulated in the constitution. The Regency KPU has the authority to organize elections and is responsible for providing equal opportunities for vulnerable voters with disabilities. In fact, the participation of voters with disabilities, especially the blind in Purworejo Regency, is very low. The substantial problem is the absence of SOPs for special services for the disabled and structural problems related to affirmative action have not been met. This study uses a qualitative approach with a sociological legal research type. Data collection techniques are carried out through observation, interviews, literature studies, and legal document studies. Data validity with technical triangulation and source triangulation and using descriptive analysis. The results of this study indicate that: (i) Legal provisions for political participation for blind voters with disabilities are implicitly regulated in the 1945 Constitution of the Republic of Indonesia Article 28H paragraph (2) to obtain affirmative action rights, international instruments, as regulated in the law and its ratification and the regulation of PKPU Number 9 of 2022 concerning Community Participation in Elections; and (ii) Strategies for increasing political participation for visually impaired people with disabilities in Purworejo Regency can be carried out through the formation of standard operational policies for special services for voters with disabilities based on comprehensive policies, budgeting can be carried out through financial inclusion, and special service programs based on democratic policies.
Modification of Prison Sanctions as an Effort to Overcome Overcapacity in Correctional Institutions in Indonesia: Modifikasi Sanksi Pidana Penjara Sebagai Upaya Mengatasi Overkapasitas dalam Lembaga Pemasyarakatan di Indonesia Cameron, Calvin; Maskur, Muhammad Azil
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.vol1i3.11200

Abstract

Prison sentences remain one of the types of sanctions frequently imposed as a means of controlling criminal acts. This is due to the tendency to form criminal law regulations oriented towards punishment and sentencing, leading to over-criminalization, which in turn triggers overcapacity in correctional institutions, thus affecting the essence of the rehabilitation and reintegration process. This study employs a qualitative research approach with empirical research types. The data used consists of primary data sources, including interviews with officers from Semarang Class I Correctional Institution and judges from Semarang Class IA Special District Court, and secondary data sources, including legal regulations and scholarly publication materials such as journals, theses, dissertations, books, and legal dictionaries. The data collected is then processed, reduced, analyzed, and described descriptively. The research findings indicate that overcapacity occurs due to regulations and sentencing systems that tend to be oriented towards imprisonment. The prevalence of imposing prison sentences is also caused by extensive regulation within and outside the Criminal Code, combined with the law enforcement paradigm that views imprisonment as an obligation and the absence of sentencing guidelines. The overcapacity condition then triggers negative effects and the failure to fulfill the essence of rehabilitation and reintegration. Sanction modification efforts include reducing prison sentences through the application of weekend jail (intermittent sentencing); recovery and rehabilitation; judicial pardon; and the implementation of restorative justice.  
Juridical Analysis of the Implementation of Handover of Housing Infrastructure, Facilities and Utilities Febrianti Dwi Puspaningrum; 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.vol1i3.11339

Abstract

Infrastructure, Facilities and Utilities are the basic physical equipment of a residential environment that meets certain standards for the needs of a decent residence. Providing and handing over Infrastructure, Facilities and Utilities is an obligation that the developer must fulfill when building housing. However, in Tangerang City, there are still many developers who have not handed over the Infrastructure, Facilities and Utilities even though the time period has passed, resulting in the abandonment of the Infrastructure, Facilities and Utilities. This research uses empirical juridical methods with a qualitative approach. Data collection techniques in this research used observation, interview and documentation techniques. The results of this research indicate that the inhibiting factor in handing over housing Infrastructure, Facilities and Utilities by developers to the government in Tangerang City is the abandonment of Infrastructure, Facilities and Utilities by developers whose whereabouts are unknown. Infrastructure, Facilities and Utilities that have not been handed over are managed entirely by the Developer, so that if the Developer's whereabouts cannot be known then the management of the Infrastructure, Facilities and Utilities will not work which will result in the abandonment.  
Legal Certainty of Customary Land Certificates of the Minangkabau Customary Community in Solok Regency: Kepastian Hukum Sertifikat Tanah Ulayat Kaum Adat Minangkabau Di Kabupaten Solok Channiago, Erin; Fidiyani, Rini
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.vol1i3.12511

Abstract

Minangkabau customary land is a high heritage that cannot be traded, communal ownership rights (shared), Customary land registration does not have regulations that require customary land to be registered, in government regulation No. 24 of 1997 concerning land registration. Customary land is not included in the object of registration. Considering that customary land registration is important as proof of ownership of land rights in accordance with one of the objectives of the UUPA in creating legal certainty, which aims to provide legal certainty and legal protection of people's land rights fairly and evenly. the community does not know whether customary land can be registered and land registration in whose name, and how to carry out customary land registration. The community's assumption in the customary land registration process requires time and a complicated process and expensive costs. The conclusion of this study is first, customary land registration can be with MKW and different ownership rights and requirements, second, there is a community goal of wanting to register customary land, third, there are obstacles in the customary land registration process both external and internal. Suggestions in this study (1) The Solok Regency Land Office can map the location in customary land registration, (2) conduct socialization related to customary land registration.
The Problem of Multiple Land Exchange Certificates in Gebyog Village, Mojogedang District: Problematika Sertipikat Ganda Tukar Menukar Tanah di Desa Gebyog Kecamatan Mojogedang Rahmawati, Dhestika; 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.vol1i3.12524

Abstract

Exchange of Village Treasury Land with Land Ownership Rights in Gebyog Village, Mojogedang District, Karanganyar Regency which occurred in 1977. The exchange that occurred in 1977 was only done verbally so there is no written evidence. This study aims to: (1) Find out the Process of Exchanging Village Treasury Land with Land Owned by Residents in Gebyog Village, Mojogedang District, Karanganyar Regency? (2) Find out the factors causing the emergence of two certificates, namely the right to use in the name of the Gebyog village government and the right to own in the name of an individual? This study uses an empirical legal research method, with a Qualitative approach. The types and sources of research data are Primary data, Secondary data, and Tertiary data. Primary data is obtained through interviews and observations, Secondary data is obtained through laws and regulations and literature studies, and Tertiary data through the Great Dictionary of the Indonesian Language. Data is analyzed descriptively qualitatively. The results of the study were (1) the exchange carried out by the Gebyog Village Government with the Gebyog Village community (the late Kasan Mulyadi, the late Muh Thulabi, and Marinah). The exchange occurred in 1977 and occurred verbally. The exchange occurred because residents complained to the Head of Gebyog Village that they wanted to have rice fields as their livelihood and the Gebyog Village Government also wanted to build an elementary school in Gebyog Village. (2) the existence of a double certificate on the Land Owned by Residents that was exchanged, two certificates were issued, namely when the land registration took place Kasan Mulyadi had died so that the one who registered it was Imam Ahmad. Intentionally or unintentionally, Imam Ahmad registered land that did not match the one he owned and in 1996 there was no plotting so it had not been mapped properly.
Juridical Analysis of the Causes of the Issuance of Certificates of Management Rights on Land With Property Rights Certificates: Analisis Yuridis Mengenai Sebab-Sebab Terbitnya Sertifikat Hak Pengelolaan Atas Tanah Bersertifikat Hak Milik Mohammad Saleh; 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.vol1i3.12547

Abstract

Land is a very vital asset for every person and country. When viewed from the physical and value aspects of the soil, it is certainly a thing that has economic and political value in it. Problems that arise in the soil in Indonesia have been a very long time even since the time of the Netherlands because of its high value, problems often arise. For example, the Jepara Regency Government with its citizen named Tanto Untung and his heir Tanto Santoso has even reached the Court with Decision Nomo 19/Pdt.G/2020/PN Jepara. This research is carried out by means of qualitative research using a sociological juridical or empirical juridical approach. The sources used are primary and secondary sources obtained from observations, interviews, documentation and also literature studies. The results of this study show that there is a way of land acquisition carried out by the Jepara Regency Government that is known to the holder of the Certificate from which the land claim originated. The existence of two rights that exist on a piece of land without legal clarity is referred to as a double certificate. The registration of management rights processed by the Jepara Land Office which produced the management right certificate Number 6 of 1998 Jobokuto on behalf of the Jepara Regency Government without taking into account whether the land has or not causes an overlap of rights in the future. The heirs who do not know the land boundary are also a problem that the court decision by the Jepara Land Office cannot be implemented in accordance with the Minister of Agrarian Affairs Number 21 of 2020 concerning the Handling and Settlement of Land Cases, the Jepara Land Office by implementing the decision Number 19/Pdt.G/2020/PN Jpa
Legal Protection for Consumers against Misleading Information on Mobile Phone Product Warranties Based on Law Number 8 of 1999 (Study in Jepara Regency): Perlindungan Hukum Bagi Konsumen atas Informasi Menyesatkan Garansi Produk Handphone Berdasarkan Undang-Undang Nomor 8 Tahun 1999 (Studi Di Kabupaten Jepara) Yusuf , Fiki Elfanda; 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.vol1i3.12802

Abstract

Perlindungan Konsumen bertujuan melindungi hak-hak konsumen. Di Kabupaten Jepara, konsumen handphone tidak mendapatkan hak-haknya karena pelaku usaha tidak memberikan informasi garansi yang benar dan jelas, dengan beberapa unit handphone dijual seolah masih bergaransi padahal masa garansinya sudah habis sehingga perlu mengkaji perlindungan hukum yang diberikan serta pengawasan. Tujuan penelitian ini yaitu (1) Mengetahui dan menganalisis perlindungan konsumen terhadap garansi produk handphone. (2) Mengetahui dan menganalisis pengawasan DISPERINDAG dalam Informasi menyesatkan garansi produk handphone di Kabupaten Jepara. Penelitian ini menggunakan pendekatan kualitatif yang didasarkan pada jenis penelitian hukum yuridis empiris. Teknik pengumpulan data yang digunakan meliputi wawancara, observasi, dokumentasi, dan studi pustaka. Adapun data sekunder menggunakan bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Validitas data menggunakan teknik triangulasi, sedangkan analisis data melalui pengumpulan data, reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa masih banyaknya konsumen yang tidak memahami ha-hak terkait konsumen. Selain itu, pelaku usaha tidak memberikan informasi yang jelas dan benar terhadap konsumen terkait informasi garansi. Pelaku usaha kurang memahami tanggung jawa pelaku usaha dan lebih mementingkan keuntungan tanpa mempertimbangkan hak-hak konsumen. Pengawasan yang dilakukan masih kurang efektif karena berbagai macam kendala. Beberapa kendala antara lain pengawasan terkait perdagangan handphone dengan informasi menyesatkan terkait garansi produk sebanyak satu kali dalam bebarapa tahun terakhir. Selain itu belum adanya Peraturan Daerah yang mengatur tentang Pengawasan produk dan/atau jasa di daerah Jawa Tengah dan minimnya SDM serta anggaran. Simpulan dari penelitian ini adalah (1) Perlindungan hukum bagi konsumen atas informasi menyesatkan garansi produk handphone di Kabupaten Jepara berjalan belum maksimal, dimana masih terdapat perdagangan handphone dengan menggunakan informasi menyesatkan terkait garansi karena minimnya pengawasan yang dilakukan. (2) Minimnya anggaran untuk pengawasan dan pembinaan, serta reorganisasi yang mengintegrasikan BPSK ke dalam Dinas Perindustrian dan Perdagangan, serta luasnya wilayah yang harus dipantau, menyebabkan dinas terkait belum dapat melakukan pengawasan optimal terhadap perdagangan dengan informasi menyesatkan mengenai garansi produk handphone.
Understanding Indonesia's Responsibility for Causing Transfrontier Pollution from Fire Smoke When Viewed from an International Law Perspective Putri, Naila Sayyidina Putri; Arifin, Ridwan; Qoiri, Mutmainah Nur
Annual Review of Legal Studies Vol. 2 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol2i1.14590

Abstract

Transfrontier pollution due to forest and land fires in Indonesia not only has a negative impact on domestic areas, but also extends to neighboring countries such as Malaysia and Singapore. Massive deforestation, reaching around 72% of the total original forest area and continuing at a rate of 1.8 million hectares per year, has made Indonesia one of the main contributors to global carbon emissions. The problem of forest fires has become an urgent national issue, demanding serious attention from the government and strong cooperation at the ASEAN regional level. This research analyzes in depth the international legal responsibilities of states, especially Indonesia, in preventing transnational pollution due to forest fires. By using a normative juridical approach and referring to various legal sources, this research aims to examine the extent to which Indonesia has fulfilled its obligations in the context of international law. ASEAN has launched several initiatives to overcome the problem of transnational haze, one of which is the ASEAN Agreement on Transboundary Haze Pollution (AATHP). Through the ratification of this agreement, Indonesia is committed to working with ASEAN member countries in efforts to control forest fires. Even though various mitigation efforts have been carried out, such as aerial bombing and weather modification technology, as well as cross-sector coordination, law enforcement regarding environmental pollution in Indonesia still needs to be improved. Consistent implementation of national legal provisions, such as Law Number 32 of 2009 concerning Environmental Protection and Management, as well as international legal norms is the key to effectively dealing with transnational pollution.
Clean Energy, Just Laws: Unpacking the Legal Backbone of SDG 7 in Indonesia Pratama, Yudys Zuama; Sani, Tajudeen
Annual Review of Legal Studies Vol. 2 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.17391

Abstract

The global pursuit of Sustainable Development Goal 7 (SDG 7) — ensuring access to affordable, reliable, sustainable, and modern energy for all — demands not only technological innovation and financial investment but also a robust legal and regulatory framework. This paper examines the critical role of law in advancing clean energy access in Indonesia, a country with abundant renewable energy potential yet facing complex socio-legal and infrastructural challenges. By analyzing national energy laws, regulatory policies, and international legal commitments, this research investigates how Indonesia’s legal system supports or hinders the realization of SDG 7. Special attention is given to the interplay between energy justice, environmental protection, and socio-economic equity in shaping the legal landscape. The study identifies key gaps in current legislation, such as the fragmentation of regulatory authority, the lack of legal incentives for renewable energy investment, and the limited enforcement of sustainability standards at the local level. It also highlights promising initiatives, including the Energy Transition Mechanism (ETM), green financing regulations, and community-based renewable energy projects. Through a legal-institutional analysis and stakeholder mapping, this research contributes to understanding how legal reforms can drive systemic change toward inclusive and sustainable energy governance. The findings offer a model for integrating legal design into national energy planning, emphasizing the importance of legal certainty, participatory governance, and policy coherence. Ultimately, this research provides actionable recommendations for strengthening Indonesia’s legal framework to unlock the full potential of clean energy and accelerate the achievement of SDG 7.

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