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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 173 Documents
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Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight Khoirum Lutfiyah
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36531

Abstract

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.
Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor Chairani Azifah
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36532

Abstract

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.
The Poor and Justice: Implementation of Legal Aid for the Poor in Indonesia (Problems and Solutions) Judith Prima Hapsari
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36533

Abstract

One manifestation of justice or equality before the law is the existence of legal assistance for every citizen involved in legal problems, without exception the poor. The legal problems that ensnare many poor people or groups are currently increasing complex. Legal aid is a human right of all people, which is not given by the state and is not a mercy from the state, but is also the responsibility of the state in realizing equality before the law, access to justice, and fair trial. Therefore, the government made and ratified a regulation that regulates legal aid, namely Law Number 16 of 2011 concerning Legal Aid. This research is intended to analyze the implementation of legal aid for the poor communities in the context of access to justice in Indonesia.
Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense Miftakhul Ihwan
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36534

Abstract

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA.
Go-Access to Justice System: Optimizing Prodeo Legal Aid as a Strategic Effort to Create Legal Aid Institutions with Integrity and Dignity Ananda Luhung Cahya Utama
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36535

Abstract

Indonesia is a legal state so that it has logical consequences to provide recognition, guarantee, protection, and legal certainty for every citizen. In accordance with the mandate of Article 28D Paragraph (1) of the Constitution of the Republic of Indonesia, the state is obliged to provide legal protection facilities and legal assistance to citizens who cannot afford it. So that in Article 22 of Law No. 18 of 2003 concerning Advocates, it is mandated to Legal Aid Institutions to provide free legal aid to underprivileged communities which are part of social contribution and social liability. Advocates as officium nobile have an important meaning in the implementation of free legal aid, but in practice in the field, there are still some problems related to the implementation of free legal aid, both from external and internal factors. These problems are in the form of the uneven distribution of prodeo legal aid institutions in Indonesia and the weak monitoring and evaluation of prodeo advocates as well as the absence of performance appraisals and giving rewards to prodeo advocates who excel so that currently the provision of prodeo legal aid is less perceived by the poor. Therefore, the author provides a comprehensive solution through the GO-Access To Justice System as a strategic effort in realizing legal aid institutions with integrity and dignity.
The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice Muhlis Safi’i
The Indonesian Journal of International Clinical Legal Education Vol. 3 No. 4 (2021): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v3i4.36536

Abstract

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God".
Promoting Human Rights in Educational Sector in Nigeria: Trend of Student's Participation Uche Nnawulezi; Bosede Remilekun Adeuti
The Indonesian Journal of International Clinical Legal Education Vol. 4 No. 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v4i1.36537

Abstract

The issue as to whether students are holders of rights in the changing faces of higher education in Nigeria has been a subject of great debate by scholars in human rights law and educational administration. These debates relate to whether students only have an interest which should be protected or a choice which can be exercised as right holders. However, the choice of exercising this interest is inherent in the student’s right to participation which entails a right to express a view especially in areas of decision making relating to education and welfare. The author noted in this study that even though issues of student’s welfare and education are engaged on the platform of rights, there is controversy as to whether students should participate in decisions that will change the face of higher education. This paper argues that adopting a right-based approach which recognizes the evolving competence of students and that allows full participation of students in decision making process in higher education in these respects strictly complies with international human rights practices on right to education. The paper concluded by making some recommendations useful to tackle the technical and legal intricacies occasioned by a weak educational culture.
Protection of Women in Legal Cases: Objectivity of the Case Monitoring Process by Paralegals (Comparative Study of LBH APIK Semarang Indonesia and AWARE Singapore) Ahmad Alif; Benjamin Laura
The Indonesian Journal of International Clinical Legal Education Vol. 4 No. 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v4i1.36538

Abstract

The presence of paralegals is like an oasis in the middle of a barren desert. The presence of paralegals especially in Indonesia is a new hope for those who want to obtain structural legal assistance (Bantuan Hukum Struktural, BHS), structural gender legal assistance (Bantuan Hukum Gender Struktural, BHGS) and clinical legal education. This study highlighted that paralegals from their point of view as human beings who have a subjective and objective side, especially in their role as paralegals in the Legal Aid Institute which is more involved with legal issues against women (LBH APIK Semarang). In its mission, LBH APIK Semarang to provide legal assistance and assistance for women who experience injustice, violence, and various forms of discrimination. As comparison, this study also found that, AWARE Singapore recognized as the leading women’s rights and gender equality group in Singapore. AWARE provides a feminist perspective in the national dialogue. It has effectively advocated against laws, public policies and mindsets that discriminate against women. AWARE has contributed towards the strengthening of laws dealing with domestic violence.
Constitutionality of President’s Authority Regarding Lockdown Policy During the State’s Emergency Deny Noer Wahid; Tasyabilla Pandi Utami; Febriansyah Ramadhan
The Indonesian Journal of International Clinical Legal Education Vol. 4 No. 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v4i1.36540

Abstract

The Article 22 of the 1945 Constitution of the Republic of Indonesia grants an exclusive authority to the president enacted as "legal dictatorial power", meaning that the President holds a sovereign authority to create and form regulations or laws independently without needing to discuss with the House of Representatives (DPR). The authority is to stipulate Government Regulation in Lieu of Law (Perppu). It refers to the president’s authority basis to run the regulation over the running government whose primary aims are to guarantee and to protect the citizen’s welfare. On the other hand, in respect of Indonesian constitutional system that adheres to the concept of decentralization, local governments also have the right to determine a situation/condition in response to the global pandemic situation. As a matter of the fact, so many overlaps are found in the exercise of policies and regulations under the authority of central and regional governments. Thus, the current research is aimed to strengthen the role of President as the head of state in dealing with the global pandemic issue and in applying lockdown with its all mechanisms. Practically, the research was carried out by means of normative legal research method associated with statutory, conceptual, historical, and comparative approaches. Furthermore, the research had found that the President appeared to be the supreme power holder over central governments, equipped with strong legitimacy in running the lockdown in accordance with juridical and empirical perspectives on the effectiveness of pandemic handling.
Ethno-Religious Conflicts in Nigeria: A Threat to The Quest for National Integration Idongesit David Udom; Ugo Chuks Okolie
The Indonesian Journal of International Clinical Legal Education Vol. 4 No. 1 (2022): Justice and Human Rights: Between Theories and Practices
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v4i1.36541

Abstract

Nigeria as an independent nation cannot discuss her history without recounting her sad experience of one conflict or the other. Notable among these conflicts are those of communal, political and ethno-religious conflicts which often result in destructive violence. Out of all these, ethno-religious conflicts appear to have more implications to national development, security and integration in Nigeria. This paper is an empirical survey of existing literature through secondary investigations. The paper posits that colonialism and its capitalist ideological underpinnings and the transplanting of the same character traits to Nigeria bourgeoisie elements largely accounts for the ethnic divide pervading the Nigerian system. Over and above this argument is the malicious ethnic structures initially created by colonialism which has brought about continuous and contending ethnic strife in the Nigerian state to date. The position of this paper is also that the new trend of criminality and the gory tradition of terrorism and security lapses ravaging the country in most states of the North during the Jonathan’s administration and most states of the North-Central during the Buhari’s administration is akin to ethnic and sectional sentiments as well as ethnic bias. In view of this, the paper therefore attempts to draw explanations on why ethno-religious conflicts have become a permanent feature of Nigeria and its implications to national integration. This paper further takes a peep into the effects of ethno-religious conflicts on economic development in Nigeria. The paper sums up with policy recommendations and conclusion for peaceful co-existence in the 21st century.

Page 13 of 18 | Total Record : 173

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