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The Indonesian Journal of International Clinical Legal Education
ISSN : -     EISSN : 27218368     DOI : -
Core Subject : Social,
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 191 Documents
The Dynamics of Secondary Rules in Constitutional Adjudication: An Analysis of H.L.A. Hart’s Theory on Indonesia’s Constitutional Court Decision Number 90/PUU-XXI/2023 Salman Alfarisi; Najwa Hanif Artfian Arrasyid Aulia Putra; Primerta Putri Hapsari; Martitah Martitah; Dewi Sulistianingsih
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 1 (2026): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i1.36563

Abstract

This study aims to examine the constitutional validity and theoretical implications of Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the age limit for presidential and vice-presidential candidates in Indonesia. The main issues raised are the inconsistency of legal reasoning and the shift in the role of the Constitutional Court, which acts as a positive legislator, triggering a substantive legitimacy crisis behind formal validity. The research method employed is a juridical-normative approach with a qualitative doctrinal orientation. The analysis was conducted using H.L.A. Hart’s theoretical instrument regarding the dual rule system to dissect the relationship between primary and secondary rules. The research findings indicate that procedurally, the decision is a valid application of the rule of adjudication and the rule of change, as it is sourced from the highest rule of recognition, namely the 1945 Constitution. However, a substantial rift exists between the internal aspects of legal authority and the external aspects of public acceptance due to the open-ended nature of the legal language used by the judge. This study concludes that although the decision has binding legal force, this phenomenon indicates an expansion of secondary authority that can threaten legal certainty if not limited by objective parameters. The results of this study contribute to clinical legal education by enhancing understanding of the dynamics of norm change through judicial channels during the democratic transition process.
Empowerment Indonesian Migrants Workers through Continuing Education for Better Adaptation in Overseas Vera Bararah Barid; Rofi Wahanisa; Sri Wahyu Krida Sakti; Purwaningdyah Murti Wahyuni
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.40134

Abstract

Indonesian migrant workers encounter significant challenges in adapting to the legal, social, and cultural environments of their destination countries. Limited knowledge of local legal systems and employment regulations often increases their vulnerability to labor exploitation and legal disputes. This study examines the challenges faced by Indonesian migrant workers in the adaptation process and analyzes the role of legal education in strengthening their legal awareness and capacity for social integration. Employing a socio-legal approach, the research utilizes primary data obtained through interviews and institutional information, complemented by secondary data from legislation, academic literature, and relevant policy documents. The findings reveal three key issues. First, Indonesian migrant workers face legal, linguistic, cultural, and socio-economic barriers that hinder effective adaptation in host countries. Second, limited access to legal information and education reduces their ability to understand and exercise their rights and obligations under the legal framework of the destination country. Third, the Continuing Education (CE) Program developed by the Universitas Terbuka for Overseas Students provides an accessible legal education platform that enhances legal literacy, supports social adaptation, and promotes awareness of workers' rights and responsibilities. This study argues that legal education constitutes a preventive mechanism for migrant worker protection by empowering individuals to navigate foreign legal systems and reduce legal vulnerability. It further highlights the importance of state support through accessible and sustainable educational programs as an integral component of migrant worker protection and empowerment.
Traffic Regulation Dissemination by the Transportation Department to Reduce Accidents: A Legal-Political Perspective Saefudin Saefudin; Dewi Sulistianingsih
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.41719

Abstract

This study examines the dissemination of traffic regulations by the Purbalingga Regency Transportation Agency as a legal-political strategy for enhancing public legal awareness and reducing traffic accidents. It addresses the limited scholarly attention given to legal dissemination as a preventive instrument of traffic governance, particularly within local government institutions. Employing a qualitative case study approach, the research draws on data obtained through semi-structured interviews with officials of the Transportation Agency, including the Head of the Transportation Division, the Head of the Traffic and Road Transportation Control and Enforcement Section, and technical staff, as well as public transportation users, including minibus, bus, and truck drivers. Documentary analysis was used to complement and triangulate the interview findings. The study identifies three principal findings. First, traffic regulation dissemination is implemented through a collaborative governance model based on the 3E principles, namely Engineering, Education, and Enforcement, involving the Transportation Agency, the Traffic Police, the Indonesian National Armed Forces, and the Public Order Agency. Second, legal awareness is promoted through direct educational activities and digital communication platforms, particularly social media, which broaden public access to traffic law information. Third, the effectiveness of dissemination efforts is constrained by structural limitations, including budgetary constraints and limited human resources, as well as cultural challenges reflected in the persistence of low levels of traffic discipline. The findings demonstrate that the effectiveness of legal dissemination depends not only on regulatory enforcement but also on sustained educational engagement between government institutions and the community. From a legal-political perspective, this study advances the understanding of law as a preventive and educative instrument that fosters compliance through legal consciousness rather than coercion alone. It recommends strengthening inter-agency collaboration, optimizing institutional resources, and expanding digital-based public legal education to improve the effectiveness of traffic governance at the local level.
Muhammadiyah as an Agent of Social Engineering in Perspective of Development Law Theory Yves Paath; Christian Isal Sanggalangi; Muh. Algifari; Dewi Sulistianingsih
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 1 (2026): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i1.44220

Abstract

The existence of Muhammadiyah as Indonesia’s largest socio-religious organization has evolved from a religious purification movement into a comprehensive legal reform force that aligns with national development. This study aims to analyzes Muhammadiyah’s role through the lens of Mochtar Kusumaatmadja’s Theory of Developmental Law, which positions law as a "tool of social engineering" to steer societal change toward modernization. Using a normative-empirical legal research method with a qualitative approach, this study examines how Muhammadiyah bridges the gap between formal regulations (law in books) and social reality (law in action). The analysis focuses on three primary pillars: Social Engineering: Through the Majelis Tarjih dan Tajdid, Muhammadiyah transforms traditional mindsets into modern, rational, and law-conscious behavior by issuing responsive fatwas that regulate social interactions (muamalah). Legal Culture: In accordance with Lawrence M. Friedman’s theory, Muhammadiyah internalizes values of discipline, integrity, and legal literacy through its vast network of thousands of educational and health institutions (AUM). Welfare State & Constitutional Jihad: The organization acts as a strategic partner to the state by providing inclusive public services and conducting "Constitutional Jihad" through judicial reviews to ensure national laws remain aligned with public interest and social justice. The study concludes that Muhammadiyah's concept of Darul Ahdi wa Syahadah provides a theological and ethical foundation for viewing the state as a field of service. This synergy between socio-religious movements and developmental law creates a sustainable model for inclusive national legal development in Indonesia.
Clinical Legal Education in International Environmental Disputes: Lessons from the Montara Oil Spill Dispute Jursi Hermada Gomang; Martitah Martitah
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.45615

Abstract

Achieving Sustainable Development Goal (SDG) 14 on Life Below Water requires not only effective environmental governance but also legal education that equips future lawyers to address complex transboundary environmental disputes. Although clinical legal education has increasingly been recognized as an experiential learning approach, limited attention has been given to its application in international environmental disputes involving marine pollution. This study aims to examine the limitations of conventional legal mechanisms in resolving the Montara oil spill dispute between Indonesia and Australia through the perspective of Lawrence M. Friedman’s legal system theory and to formulate a clinical legal education model based on environmental dispute analysis. The research employs a normative legal method using a case-based approach, with the Montara oil spill dispute serving as the primary case study. Data were analyzed through interactive qualitative techniques consisting of data reduction, data presentation, and conclusion drawing. The findings reveal that conventional legal mechanisms remain constrained by weaknesses in the three elements of the legal system, namely legal structure, legal substance, and legal culture, which collectively hinder the effective resolution of transboundary environmental disputes. Building upon these findings, this study develops a conceptual model of environmental clinical legal education that integrates case-based learning with Friedman's legal system analysis to strengthen students' analytical and problem-solving capacities. This research contributes to the development of clinical legal education by demonstrating how international environmental disputes can serve as practical learning instruments for advancing environmental justice and supporting the achievement of SDG 14. As the proposed model is based on a single case study, further research involving comparative environmental disputes is recommended to evaluate its broader applicability across different legal and institutional contexts.
Legal Education and Restorative Justice in Addressing School Bullying: A Conceptual Framework for Child Protection Diyah Satya Retnani; Anis Widyawati
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.47517

Abstract

Bullying in educational settings remains a persistent challenge to child protection, while institutional responses continue to rely predominantly on punitive approaches that often overlook victim recovery, offender rehabilitation, and social reintegration. Although previous studies have examined bullying prevention, diversion, restorative justice, and child protection, limited attention has been devoted to the role of legal education as a mechanism for strengthening restorative responses to bullying involving children. This study aims to analyze how legal education can support the implementation of diversion and restorative justice in addressing school bullying involving child victims. The research employs a normative legal method using statutory, conceptual, and literature-based approaches. The analysis demonstrates that legal education strengthens legal awareness by enhancing children's understanding of their rights and responsibilities, promoting respect for the rights of others, and encouraging meaningful participation in restorative conflict-resolution processes. Building on these findings, the study develops a conceptual framework that positions legal education as a bridging mechanism linking child protection objectives with the effective implementation of diversion and restorative justice in educational settings. This research contributes to the socio-legal literature by integrating legal education, restorative justice, and child protection into a coherent analytical framework, thereby extending existing discussions beyond conventional punitive approaches to bullying. As the proposed framework is derived from normative legal analysis, further empirical research is recommended to evaluate its implementation and effectiveness across diverse educational contexts.
Reconstructing Clinical Legal Education for Social Justice and Poverty Alleviation in Indonesia through Friedman’s Legal System Theory Teuku Wibowo Pratama Imron; Martitah Martitah
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 1 (2026): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i1.49262

Abstract

This research presents a reconstruction of clinical legal education as an effort to build a quality Indonesian legal system, grounded in the values of Pancasila and the principles of statehood. The main issue arises from the weak integration between normative legal education and the practical needs of society, resulting in law enforcement and access to justice that are not yet optimal, especially for marginalised groups. The primary innovation lies in formulating the reconstruction of clinical legal education as an instrument for improving the legal system through strengthening legal substance, structure, and legal culture, referencing Lawrence Friedman's legal system theory combined with the values of Pancasila. The approach used is normative law, both conceptually and analytically. The research findings emphasise that a good quality legal system must begin with quality, adaptive legal education capable of responding to societal needs. Clinical legal education functions not only as a medium for students' practical learning but also as a social transformation tool to enhance legal awareness, broaden access to legal aid, and shape law enforcement officers with a character oriented towards social justice and statehood. This reconstruction is carried out by strengthening practice-based curricula, integrating the values of Pancasila, and developing responsive legal clinics to realise an inclusive, progressive, and just Indonesian legal system.
Reassessing Doli Incapax in the Digital Age: Implications for Juvenile Victims Arini Salsabila; Anis Widyawati
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 1 (2026): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i1.49298

Abstract

Advances in digital technology have fundamentally transformed the nature of crimes involving children, while Indonesia’s juvenile criminal justice system continues to rely on the doctrine of doli incapax, a concept developed long before the emergence of the digital age. This article examines the contemporary relevance of the doli incapax doctrine, evaluates the inconsistency of age-based criminal responsibility under Law No. 11 of 2012 on the Juvenile Criminal Justice System, and proposes a normative framework that balances the protection of juvenile offenders with substantive justice for victims. This study employs normative legal research using statutory, comparative, and conceptual approaches. The findings demonstrate that intensive exposure to digital environments has generated a cognitive–moral gap, in which children’s digital literacy and cognitive capabilities often exceed age-based assumptions underlying the doli incapax doctrine, while their moral judgment and emotional maturity remain underdeveloped. Consequently, the doctrine’s traditional presumption regarding children’s incapacity to understand the consequences of their actions becomes increasingly problematic in the digital context. Furthermore, the uniform age threshold adopted by the Juvenile Criminal Justice System Law may systematically contribute to secondary victimization by limiting accountability mechanisms in cases involving serious harm. This article argues that reform is required through the adoption of a tiered accountability model based on rebuttable presumptions, the enhancement of victim restitution mechanisms, the establishment of special diversion rules for juvenile recidivists, the harmonization of juvenile justice regulations with digital governance frameworks, and the development of child forensic psychology infrastructure as a prerequisite for effective implementation. These reforms are necessary to ensure that juvenile justice remains responsive to technological developments while maintaining a fair balance between child protection and victims’ rights.
The Application of Abolition to Corruption Offenses and Disruption of the Integrated Criminal Justice System Wahyu Zulzaman; Ali Masyhar
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 1 (2026): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i1.49623

Abstract

An integrated criminal justice system requires consistency, coordination, and synchronization among its subsystems to achieve the objectives of criminal sanctioning. As corruption is recognized as an extraordinary crime, it necessitates firm, consistent, and coordinated legal responses throughout every stage of the criminal justice process. Against this backdrop, the granting of presidential abolition in the corruption case involving Thomas Trikasih Lembong at the prosecution stage raises fundamental questions regarding its compatibility with the principles of an integrated criminal justice system. This study examines two main issues: the implementation of integrated criminal justice system principles within Indonesia’s anti-corruption policy framework and the consistency of granting abolition in the Thomas Trikasih Lembong case with those principles. Employing a normative legal research method, this study utilizes statutory, conceptual, and case approaches. The findings indicate that the granting of abolition disrupted structural, substantive, and cultural synchronization within the criminal justice system, thereby affecting the continuity of legal proceedings and weakening the consistency of anti-corruption policy. The study further highlights the need for clearer normative limitations on the exercise of presidential abolition powers to ensure alignment with the objectives of criminal law enforcement and to preserve the integrity of Indonesia’s anti-corruption efforts. In addition, the issue offers valuable insights for clinical legal education, particularly in fostering students’ capacity to undertake systemic and critical analyses of legal policies within the broader framework of criminal justice governance.
Legal Enforceability of Forum Selection Clauses in Preliminary Sale and Purchase Agreements for Cross-Regional Transactions Timotius Febry Cristian Wahyu Sutrisno; Trinas Dewi Hariyana; Ali Huristak Hartawan Hasibuan; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 2 (2026): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i2.58218

Abstract

The increasing use of Preliminary Sale and Purchase Agreements (Perjanjian Pengikatan Jual Beli/PPJB) in cross-regional land transactions has generated legal uncertainty regarding the enforceability of forum selection clauses, particularly where the parties, the designated forum, and the immovable property are located in different judicial jurisdictions. This study aims to examine the legal basis for the validity of forum selection clauses under Article 118 of the Herziene Indonesisch Reglement (HIR) and Article 1338 of the Indonesian Civil Code, as well as their implications for the relative jurisdiction of district courts and the delegated execution of judgments. The study employs normative legal research using statutory, conceptual, and case approaches through qualitative analysis of legislation, legal doctrines, and Supreme Court jurisprudence. Unlike previous studies that discuss forum selection clauses in isolation, this research develops an integrated analytical framework by linking the legal character of PPJB, contractual autonomy, relative jurisdiction, Supreme Court jurisprudence, and delegated execution involving immovable property. The findings demonstrate that a forum selection clause incorporated into a valid PPJB constitutes a binding manifestation of the principle of freedom of contract and is enforceable under Article 118(4) HIR in conjunction with Article 1338 of the Civil Code. Nevertheless, such contractual autonomy applies only to the adjudication stage and does not override the territorial principle governing the execution of judgments under Article 195 HIR. Accordingly, judgments rendered by the designated court remain enforceable through delegated execution by the district court where the immovable property is located. This study contributes to the harmonization of Indonesian contract law and civil procedural law while providing practical guidance for judges, notaries, and legal practitioners in resolving disputes arising from cross-regional PPJB transactions.