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The Indonesian Journal of International Clinical Legal Education
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27218368     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research Centers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 7 No. 4 (2025): December" : 5 Documents clear
Judicial Discretion and Statutory Sentencing Limits in Juvenile Premeditated Murder Cases Yemima Kesia Kerenhapuk Tandipayuk
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 4 (2025): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i4.37403

Abstract

Legal protection for children in conflict with the law is normatively regulated within the Indonesian legal system, particularly through Law Number 11 of 2012 on the Juvenile Criminal Justice System. Nevertheless, existing scholarship largely addresses juvenile protection in general terms and has not sufficiently examined the doctrinal tension between judicial discretion and statutory sentencing limits in cases involving serious crimes committed by juveniles. This study analyzes the scope of legal protection afforded to juvenile offenders involved in premeditated murder and critically examines judicial reasoning in imposing prison sentences that exceed the maximum limits prescribed by law. Employing a normative juridical research method with statute, case, and conceptual approaches, this study finds that although formal and material safeguards for juvenile offenders are clearly established in legislation, their application in judicial practice remains inconsistent. Courts frequently invoke substantive justice considerations and the combined theory of sentencing objectives to justify sentences exceeding statutory limits, primarily on grounds of social protection and deterrence. This article argues that such practices reflect a doctrinal inconsistency within Indonesia’s juvenile justice system, as they contravene the principle of legality and undermine the child-protection orientation mandated by Article 81 paragraph (6) of Law Number 11 of 2012. This study contributes to juvenile justice discourse by proposing the necessity of clearer sentencing guidelines and strengthened judicial oversight to prevent excessive judicial discretion and to ensure the consistent implementation of child protection principles.
The Urgency of Legal Protection For Indonesian Illegal Migrant Workers From the perspective of Sharia Economic Law Mohammad Reza Fachruddin; Rodiyah, Rodiyah; Dewi Sulistianingsih
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 4 (2025): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i4.36203

Abstract

This study examines the legal protection of illegal Indonesian migrant workers, who are considered both as lawbreakers and victims of exploitation, in the context of compliance with Indonesian migrant worker and immigration laws and the protection of human rights based on Islamic law. Using normative legal research, the study analyses the imbalance between Law No. 18/2017, which limits protection for migrant workers who have legal documents, and the 1990 CMW Convention and the 2000 Palermo Protocol, which guaranty the basic rights, regardless of the legal status. The results of the study reveal that the pros and cons regarding illegal procedural Indonesian migrant workers are in substance to the violation of the law. From an Islamic law perspective, this issue needs to be addressed and a solution sought by updating Law Number 18 of 2017 so that there is no difference between official and unofficial Indonesian migrant workers. This is in line with the maqashid syari'ah in Islamic law, the 1990 CMW Convention and the 2000 Palermo Protocol.
The Hypocrisy of Liberation: Power, NGOization, and Crisis in West Kalimantan Legal Aid Moh. Fadhil; Herman, Herman
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 4 (2025): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i4.38083

Abstract

The structural legal aid movement was initiated by the Indonesian Legal Aid Foundation (YLBHI) as an ideological project aimed at cultivating political and legal consciousness among marginalized groups, marking a departure from conventional legal aid models grounded in legal neutrality. Despite its emancipatory narrative, the movement has become increasingly entangled in processes of NGOization, generating institutional ambivalence and dysfunction between parent and local organizations. This article examines the crisis of the structural legal aid movement in West Kalimantan by analyzing the hierarchical relationship between LBH Kalbar and YLBHI. It addresses how emancipatory ideals within the legal aid movement are undermined by NGOization, managerialism, and a fragmented civic space, and explores how power operates within the movement’s internal governance. Employing an empirical legal approach informed by socio-legal ethnography and participant observation, the study investigates organizational dynamics, work culture, and advocacy practices within LBH Kalbar. Primary data were collected through participant observation as an external supporter involved in project-based initiatives and advocacy programmes, while secondary data were drawn from internal documents accessed with institutional permission. The findings demonstrate that the decline of LBH Kalbar cannot be attributed to technical deficiencies or individual incapacity, but rather reflects a deeper ideological conflict between emancipatory praxis and a technocratic governance regime imposed by the parent organization. NGOization has redirected advocacy from community organizing toward performance-driven project work, producing depoliticization, weakened solidarity, activist burnout, and discriminatory governance practices. Power operates through disciplinary mechanisms such as standardization, performance metrics, symbolic surveillance, and organizational restructuring. The study concludes that revitalizing the legal aid movement requires not merely administrative reform, but a reconfiguration of power relations through enhanced regional autonomy and dialogical, participatory governance.
Criminal Liability of the Press in Election Reporting: A Normative Analysis of Press Offences and Electoral Offences Dwiyanto, Hendri; Zainal Arifin; Agus Manfaluthi; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 4 (2025): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i4.38187

Abstract

This study aims to normatively analyze the criminal liability of the press in reporting on general elections in Indonesia, focusing on the application of the lex specialis principle, legal certainty, and the protection of press freedom. The main issues examined are the normative conditions under which criminal provisions in Law Number 7 of 2017 on General Elections can be applied to the press, and how the limits of media criminal liability are determined within the context of press freedom guaranteed by Law Number 40 of 1999 on the Press. The research employs a normative juridical method, drawing on statutory, conceptual, and case approaches. The findings indicate that criminal sanctions may be imposed on the media only if there is evidence of deliberate political intent and direct involvement in covert campaign activities or in the dissemination of misleading information intended to influence election outcomes. Within this framework, the lex specialis derogat legi generali principle establishes the Press Law as the specific regulation that must take precedence in resolving news disputes before criminal prosecution. The principle of legal certainty demands a clear distinction between ethical and criminal violations, while the principle of press freedom protection ensures that law enforcement is not used as a repressive tool against the media’s social control function. This study recommends strong coordination among the Election Supervisory Agency (Bawaslu), the Press Council, and law enforcement authorities to delineate the boundaries of press criminal liability, enabling electoral law enforcement without undermining press freedom, a cornerstone of democracy.
Legal Certainty and Social Security: Two Main Pillars of the LLAJ Bill for the Future of Online Motorcycle Taxi Drivers Martitah, Martitah; Dewi Sulistianingsih; Salsabila, Arini; Anggeraeni, Ayuk; Fatmawati, Dewi
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 4 (2025): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i4.38645

Abstract

The era of digitalization has brought about significant transformation in Indonesia's transportation sector through the emergence of online motorcycle taxis (ojol). However, despite their significant contribution to the economy and employment, ojol drivers face two fundamental problems: the lack of legal certainty regarding their employment status and the lack of adequate social security. This study aims to analyze the extent to which the draft Law on Road Traffic and Transportation (RUU LLAJ) currently under discussion can address these two issues. Using normative legal research methods and a descriptive-analytical approach, this article analyzes primary and secondary legal materials through the lens of Gustav Radbruch's Theory of Legal Certainty and T.H. Marshall's Theory of the Welfare State. The results of the study show that the LLAJ Bill is projected to become a comprehensive legal umbrella to provide legal certainty for drivers and require platforms to provide social security. Thus, the LLAJ Bill is expected to become the foundation for the creation of a fair and sustainable digital transportation ecosystem in Indonesia.

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