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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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Interpretation, Inclusiveness, and Ambiguity: A Critique of Rule Design in Modern Legal System Muhamad Pelengkahu
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.v7i3.35150

Abstract

This paper analyzes three critical concerns in the formulation of contemporary legal regulations: the propensity for over- or under-inclusiveness, ambiguity in application, and interpretive difficulties. This study utilizes a normative-doctrinal legal methodology within an interdisciplinary framework, incorporating jurisprudence, legal linguistics, and regulatory theory, to argue that rules function not solely as normative instruments but as socio-linguistic constructs shaped by power dynamics and interpretive communities. The intrinsic abstraction and prescriptive characteristics of legal language led to ambiguity and practical uncertainty. This paper challenges the formalistic assumptions inherent in traditional rule-making through a conceptual examination of the difference between rules and standards and a multidimensional exploration of rule typologies, including legal status, language structure, and normative power. The research moreover suggests strategic methods to enhance regulatory efficacy and flexibility, including the formation of interpretative communities and the implementation of goal-oriented regulatory frameworks. The findings seek to enhance the development of regulatory systems that are contextually adaptive and normatively consistent, providing insights for improved legal rule formulation in evolving social contexts.
A Legal Review of Roasting Actions by Comedians from the Perspective of Positive Law on Reputation Protection in Indonesia Joshua Evandeo Irawan; Annabella Marcella Geraldine Kandou; Andrew Johnathan Setia; Sari Mandiana
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.v7i3.35846

Abstract

This study examines the legal implications of roasting in stand-up comedy from the perspective of Indonesian positive law, particularly in relation to the protection of reputation, dignity, and honor. Roasting, as a comedic technique involving satirical criticism often directed at public figures, raises legal concerns when it potentially infringes upon the personal rights of those being criticized. This research employs a normative-dogmatic legal method using legislative and conceptual approaches to analyze the applicable legal framework, including the Criminal Code (KUHP), the Law on Information and Electronic Transactions (UU ITE), and the Personal Data Protection Law (UU PDP). The analysis is grounded in legal protection theory and the principle of legal utility, emphasizing that while freedom of expression constitutes a fundamental human right, it must be balanced against the rights to privacy and reputation. The findings indicate that defamation under Indonesian law constitutes a complaint-based offense, whereby legal proceedings may only be initiated upon a report by the injured party. Consequently, roasting conducted with the explicit consent of the subject, supported by a prior agreement regarding content and delivery, does not constitute an element of a criminal offense. This study proposes the use of written contracts between comedians and their subjects as a preventive legal mechanism to ensure legal certainty and minimize potential disputes. Ultimately, the study concludes that roasting, when appropriately regulated and based on mutual consent, can coexist with legal norms safeguarding individual dignity, thereby harmonizing freedom of expression with the right to reputation.
Utilitarian Justice in the Decision of the Land Exchange Agreement: A Case Study of Decision Number 241/Pdt.G/2016/Pn.Smn Reviewed from the Post-Positivism Paradigm Muhammad Syahri Ramadhan; Yuli Prasetyo Adhi; Rahayu Fery Anitasari
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.v7i3.38180

Abstract

The Sleman District Court Decision Number 241/Pdt.G/2016/PN.Smn, which recognizes the validity of non-formal land exchange agreements, constitutes a significant case for understanding the realization of substantive justice beyond a positivistic legal framework. This study analyzes the decision using Jeremy Bentham’s utilitarianism approach within the post-positivist paradigm developed by Guba and Lincoln. Employing a normative legal research method with a case-based analytical approach, this research demonstrates that the judges did not merely assess the formal legality of the agreement but also took into account social consequences, practical benefits, and empirical realities existing within the community. Utilitarianism is applied to evaluate the extent to which the decision maximizes overall happiness and minimizes suffering for the disputing parties as well as society at large. Furthermore, post-positivism provides an epistemological framework that conceptualizes law as a contextual, non-final, and socially constructed phenomenon open to reinterpretation. The findings suggest that this combined approach yields a more responsive, flexible, and socially meaningful form of justice, while also generating significant methodological implications for research on non-formal agreements, particularly through the use of qualitative methods, data triangulation, and hermeneutical interpretation.

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