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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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Criticize the Legality of the People's Republic of China Claims the Nine Dash Line under International Law Muhammad Ghaffaar Irsyad; Al Khanif
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted E
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i3.36610

Abstract

This study aims to find out and analyze the legality of the PRC's claim to the Nine Dash Line based on the historical claim of the PRC's Traditional Fishing Right in the South China Sea (SCS) from the perspective of international law sourced from the United Nations Convention on the Law of the Sea 1982 and PRC efforts to defend their claims in the SCS from countries with both claims and interests. This type of research is normative legal research using the Statute Approach and the Conceptual Approach. This study concludes that if you look at UNCLOS 1982, the PRC's claim to the Nine Dash Line cannot be maintained as a territorial claim because UNCLOS 1982 does not regulate how to determine the baseline based on historical claims, and according to UNCLOS 1982 handles the drawing of the baseline in 3 ways. Then, the PRC, in defending its claims, used various means such as the military occupation of uninhabited islands, increased military force, and deployment of ADIZs. In addition, the PRC also divided ASEAN in taking a stand on the SCS dispute.
Likelihood of Addressing People's Tenurial Problems at State Own Enterprise Assets Syska Naomi Hutagalung; Ima Mayasari
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted E
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i3.36611

Abstract

This qualitative study aimed to describe potential settlements of community's land problems on state-owned enterprises’ assets. To this end, a qualitative approach was applied. Data were garnered by reviewing literature from journal articles, online media, regulations, and reports relevant to the research topic. Data were analyzed using an interactive model comprising data collection, data reduction, data display, and drawing of conclusion. The finding revealed a number of land-related problems in SOEs’ assets. The first problem is related to people's one-sided occupation of SOEs’assets, people’s one-sided occupation of the past land, dual certificate issues between the government and the community, dual recordings between SOEs and Regional government, and customary land claim upon the state’s land. Efforts in resolving these issues also face high barriers, including hindrances in object write-off and subject nomination, inefficient court-based conflict settlement, the bad precedent of SOEs’ asset release, and an indication of post-certification trades. In this regard, some potential settlement mechanisms were proposed, including the release of fixed assets by reducing the state’s equity capital, asset utilization cooperation, the granting of land rights upon the Right of Management, and other agreement-based options. This study's findings gave implications for future policies related to the settlement of SOEs’ land problems.
Participatory Rural Appraisal as a Legal Education for Prevention of Trademark Infringement (Case of Bandungan, Central Java, Indonesia) Ridwan Arifin; Riska Alkadri; Bayangsari Wedhatami; Zainurohmah Zainurohmah; Nadiyah Meyliana Putri; Muhammad Wahyu Saiful Huda; Sukma Jati Husodo; Sinta Swasti
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted E
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i3.36612

Abstract

Trademarks play a crucial role in protecting the intellectual property rights of businesses and individuals. However, in rural and remote areas, awareness of trademark infringement and the legal mechanisms to prevent it may be limited. This study explores the use of Participatory Rural Appraisal (PRA) as an innovative approach to legal education in preventing trademark infringement, focusing on the case of Bandungan in Central Java, Indonesia. The research utilizes a mixed-methods approach, combining qualitative and quantitative data collection techniques. Through a series of workshops, surveys, and participatory activities, the study engages with the local community in Bandungan to assess their understanding of trademarks, identify potential infringement issues, and deliver legal education on trademark protection. The findings reveal that the PRA approach effectively enhances the community's awareness of trademark rights and the legal remedies available to prevent infringement. Participants actively participate in discussions, share their experiences, and collaboratively generate strategies to protect local businesses' intellectual property. Moreover, the study identifies specific challenges faced by the community in safeguarding trademarks, such as limited access to legal resources and awareness of the legal system. The research contributes to the field of legal education and rural development by highlighting the potential of PRA as a practical and community-driven method for raising awareness about trademark infringement prevention. It underscores the importance of tailoring legal education programs to the specific needs and contexts of rural communities, ultimately empowering them to protect their intellectual property rights and foster economic development.
Identification of Conflict Resolution in Civil Relations between Boarding House Owners and Boarding House Residents (Study at Semarang State University Campus Circle) Rio Taufik Ansori; Saniya Puspitasari; Vira Azra; Tegar Islami Putra; Aprila Niravita
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted E
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i3.36614

Abstract

This study aims to investigate conflict resolution between residents and boarding house owners in civil relations near the Semarang State University campus. Utilizing a mixed-methods approach, combining normative juridical research with empirical field data, the research discovered that the majority of conflicts are resolved through non-litigious channels. The legal framework for out-of-court settlements aligns with Law No. 30 of 1999 on Alternative Dispute Resolution. Notably, the civil relationship dynamics around the UNNES campus involve a lease agreement between property owners and tenants, whether formalized in writing or conveyed orally. The study sheds light on the prevalence of non-litigation methods in resolving conflicts, emphasizing the significance of alternative dispute resolution mechanisms. This research contributes valuable insights into the legal aspects of the landlord-tenant relationship, providing a nuanced understanding of the complexities in civil relations within the context of university campus housing.
Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia Asmarani Ramli; Tegar Islami Putra; Natasya Fitri Dewanti; Salisa Widyaning Kinasih; Ridwan Arifin; Siti Hafsyah Idris
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36617

Abstract

This research aims to analyze the application of the "in dubio pro natura" principle in Indonesia. This principle translates as "in doubt, for nature" and emphasizes the importance of protecting nature and the environment in making legal decisions. This scientific research uses one of the parts of the grand method, namely Library Research which is based on literature or literature. The author uses several references as legal materials to analyze the object of writing. The results show that the application of the principle of "in dubio pro natura" is the foundation of the application of the concept of the precautionary principle that has entered the Indonesian legal order since the enactment of Law Number 32 of 2009, this principle is in line with the principles of environmental equity, bio diversity and polluter pays principle. In addition, this principle in Indonesia still faces challenges in its application. Several factors affecting the application of this principle in Indonesia include inconsistent government policies in environmental protection, lack of public understanding and awareness of the importance of nature conservation, and shortage of human and technical resources in environmental law enforcement.
Developing the Framework for a Green Constitution: Strengthening Environmental Protection Initiatives in Indonesia Muhammad Hakim Rianta; Pradnya Kayla Ali Imron; Ibrahim Danjuma
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36619

Abstract

The current global environmental crisis occurs due to various factors, such as failed policies, destructive technologies, and lack of political commitment. To address these issues, the green constitution approach has emerged as an effective solution. However, Indonesia has not fully implemented the concept of a green constitution. This research uses a normative legal research method with comparative, conceptual, and statutory approaches. Data is obtained from a literature study of national and international regulations, books, articles, and scientific journals. Through a comparative study with Ecuador and France, the results show that Indonesia has the potential to integrate environmental principles that have been integrated into the constitutions of these countries. Ecuador, often referred to as "The Real Green Constitution," explicitly recognizes the rights of nature and regulates preventive measures against environmental damage. In France, the Environmental Charter has been integrated into the constitution, affirming the need for wise management of the environment and a balance between protection and utilization of natural resources. Indonesia can learn from these two countries in applying the concept of a green constitution and integrating environmental principles into its constitution in order to strengthen environmental protection, promote sustainable development, and help address the impacts of climate change. The resulting recommendation is an amendment to the constitution to further incorporate environmental principles as part of the main elements in the constitution.
Advancing Legal and Policy Strategies for Expeditious Geothermal Energy Integration: A Path towards Clean Energy and Energy Security in Indonesia Habib Ferian Fajar; Julfahmi Syahputra; Khairun Natijah
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36620

Abstract

This paper delves into the imperative task of advancing legal and policy strategies to expedite the integration of geothermal energy, thereby fostering a pathway toward clean energy and energy security in Indonesia. Recognizing geothermal energy as a renewable and environmentally friendly resource, the research underscores Indonesia's rich potential in this regard. Despite the commitment evidenced by the 2021-2030 Electricity Supply Business Plan (RUPTL) and Presidential Regulation No. 112/2022, the study identifies persistent challenges hindering the swift development of geothermal energy in the country. Employing a normative legal research method, the study scrutinizes the application of legal norms within positive law. Through an extensive literature review, the research highlights key obstacles and suggests crucial legal and policy interventions for overcoming them. The findings emphasize the need for ongoing energy regime stabilization, and the provision of incentives such as governmental support for exploration, fiscal incentives, and low-cost financing schemes for geothermal projects. The paper advocates for a comprehensive approach to address these challenges, recognizing the pivotal role of legal and policy frameworks in propelling sustainable development. By delineating effective strategies, this research contributes to the discourse on transitioning Indonesia towards clean energy alternatives, ensuring energy security, and mitigating the environmental impact of traditional energy sources.
Addressing Juvenile Protection Discrepancies: A Study on Legal Safeguards and Challenges against Sexual Abuse by Educators in Seluma Regency Randy Pradityo; Helda Rahmasari; Susi Ramadhani; Sakinah Suhertini; Kurnia Lekattia
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36621

Abstract

Law Number 11 of 2012, commonly referred to as the Juvenile Criminal Justice System Law, stands as a legal framework designed to safeguard children entangled in legal conflicts. Its primary objective is to secure a promising future for these children, facilitating opportunities for identity development that fosters independence, responsibility, and constructive contributions to themselves, their families, society, and the nation. Despite the existence of these legal safeguards, their efficacy often encounters challenges within the intricate dynamics of social life. This disjunction is particularly conspicuous in institutional environments such as schools, where the assurance of safety is not guaranteed. Disturbingly, statistical data compiled by the PPA Unit of the Criminal Investigation Unit of the Seluma Police spanning from 2019 to 2021 reveals a disconcerting prevalence of eight cases of sexual abuse perpetrated by teachers against their students. A poignant instance unfolded in Talang Alai Village, Kec. Air Periukan District, wherein a child named RA became a victim of molestation by an individual identified by the initials AI on August 18, 2019. In response to these distressing occurrences, this research endeavors to formulate strategies for addressing criminal acts of sexual abuse committed by teaching staff in Seluma Regency. The study aims to meticulously scrutinize and analyze the prevalence of such crimes, providing scholarly insights into the harsh reality of sexual abuse committed by teaching staff in this specific region.
Revolutionizing Society through Pancasila-Based Legal Education with Street Law (Case of Indonesia) Ridwan Arifin; Bayangsari Wedhatami; Riska Alkadri; Ridoan Karim; Fraz Ashraf Khan
The Indonesian Journal of International Clinical Legal Education Vol. 5 No. 4 (2023): Sustainable Development and Legal Innovations: Exploring Environmental Conserva
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v5i4.36622

Abstract

This paper explores the revolutionary impact of integrating Pancasila-based legal education with the Street Law model on Indonesian society. Pancasila, Indonesia's foundational philosophy, serves as a guiding framework for legal education, while the Street Law model provides a practical, experiential learning approach. Through a meticulous case study focused on Indonesia, the research investigates the nuanced ways in which this innovative educational combination contributes to transformative societal changes. The study analyzes the influence of Pancasila-inspired legal education on shaping societal norms, values, and fostering legal awareness. By delving into specific instances and outcomes within the Indonesian context, the research illuminates how this integrated approach cultivates a deeper understanding of legal principles and ethical considerations among the populace. The findings not only highlight the success of this educational model in enhancing legal knowledge but also underscore its broader impact on social dynamics. This paper contributes valuable insights into the potential of Pancasila-based legal education with the Street Law model to revolutionize traditional legal teaching methods and, in turn, foster positive societal advancements within the unique cultural and legal landscape of Indonesia.
Asian Values Discourses and Its Impact on Freedom of Expression in Social Media Syahwal; Raihan Muhammad
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 3 (2025): September (Article in Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i3.26869

Abstract

This study originates from the discourse on social media regarding a set of Asian cultural values that often conflict with universal human rights principles. These values, recognized in human rights studies as Asian values, are seen in various studies as intertwined with threats to human rights. Therefore, this study aims to uncover the forms of discourse surrounding Asian values on social media and their potential impact on freedom of expression. Based on these issues, this research employs a non-doctrinal method, which examines law within various  extra-legal  contexts, to  explore  the  discourse of Asian values emerging on social media—especially on the 'X' platform—and its relationship with political and religious expression on social media. The study reveals that the tendency of Asian values to support authoritarianism also extends to social media. Various expressions are then labeled as uncivil and contrary to Indonesian culture. This situation leads Asian values to act as a trigger for the shrinking of civil space on social media.

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