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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 180 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
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
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
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.
From Campus to the Public Arena: Institutional Educational as the Vanguard of Anti-Corruption Efforts Ananda Chrisna D. Panjaitan; Torang Fadly Panjaitan; Clarissa Aurelia Leowinata
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 3 (2025): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i3.35316

Abstract

Corruption remains a persistent and systemic problem in Indonesia, underscoring the urgency of preventive strategies that extend beyond law enforcement to the education sector. Law faculties play a strategic role in cultivating integrity and ethical awareness among students as future legal professionals. Nevertheless, the integration of anti-corruption values within legal education has yet to be implemented in a comprehensive and systematic manner. This article examines the integration of anti-corruption education in law higher education institutions and identifies the principal obstacles to its effective implementation. This study adopts normative juridical research supported by conceptual and sociological perspectives, drawing on secondary legal materials to analyse the regulatory framework, theoretical foundations, and practical implementation of anti-corruption education within the academic environment. The findings demonstrate that the main challenges in anti-corruption education include weak curricular integration, the absence of consistent ethical role models among educators, a permissive academic culture, and limited institutional cooperation with law enforcement and anti-corruption agencies. To address these issues, the study proposes a comprehensive strategy encompassing the strengthening of an integrity-based curriculum, the institutionalisation of transparent and accountable academic governance, the development of ethical leadership among lecturers, and structured collaboration with anti-corruption institutions. The article concludes that law faculties can function as the vanguard of corruption prevention by systematically embedding integrity values within legal education, thereby contributing to the formation of a generation capable of promoting a clean, accountable, and just public order in Indonesia.
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.
Operationalizing Copyright for AI Visuals in Clinical Legal Education Priska Maulidina Ayu Ananta; Kholis Roisah
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 3 (2025): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v7i3.42639

Abstract

The rapid expansion of generative artificial intelligence in visual content production has intensified legal debates on authorship, originality, and the permissible boundaries of stylistic imitation under copyright law, as large-scale automated generation increasingly blurs the distinction between protected expression and unprotected style. This article examines the doctrinal ambiguity surrounding AI-generated visual works, particularly with regard to stylistic emulation, market substitution, and the potential erosion of creators’ economic and moral interests. Employing a doctrinal-normative legal method complemented by comparative and policy-oriented analysis, the study formulates operational criteria to distinguish lawful stylistic inspiration from infringing expressive replication by translating core copyright principles, including the idea–expression dichotomy, originality, and substantial similarity, into practical analytical tools. The findings indicate that, while existing copyright doctrine remains normatively relevant, it requires methodological operationalization to address the scale, speed, and distributive impacts of generative technologies on creative labor markets. The article further proposes integrating these doctrinal and policy considerations into clinical legal education through problem-based learning models to strengthen students’ doctrinal competence, technological literacy, and normative sensitivity. It argues that effective governance of AI-generated visual works demands a holistic framework combining doctrinal clarification, impact-oriented policy evaluation, and educational reform in order to foster a more adaptive and socially responsive copyright regime in the age of generative artificial intelligence.

Page 18 of 18 | Total Record : 180

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