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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 31 Documents
Transforming Taxation: Unlocking Efficiency and Resilience Through Digitalization Ratih Damayanti; Muhammad Azil Masykur; Feiruz Rachmita Alamsyah; Ali Masyhar Mursyid; Dani Muhtada
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 4 (2024): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i4.13583

Abstract

The digitalization of tax administration aims to improve service efficiency and institutional resilience by leveraging advanced technologies. By integrating digital tools, tax administration processes can be streamlined, reducing errors and enhancing taxpayer compliance. This research is a qualitative descriptive study that relies on secondary data collection. However, the digitalization of tax administration faces several challenges, such as uneven technological infrastructure, internal resistance to change, and cybersecurity threats. This study explores various digitalization initiatives, the challenges encountered during implementation, and the resulting benefits in terms of service optimization and institutional resilience. The findings indicate that digital transformation is a critical step towards achieving a more effective and resilient tax administration system. Therefore, the strategy of implementing tax reform for the digital era is appropriate. This involves increasing taxpayer trust and compliance by enhancing the capacity and integrity of the Directorate General of Taxes. The research also reveals that tax reform faces growing challenges in the digital age. Digitalization is not only a challenge for improving the capabilities and integrity of tax authorities but also for modernizing tax human resource systems and controls. These reforms are essential to building strong institutions capable of navigating the complexities of the digital era.
Implications of Perhutani's CANOPY Brand Use for Nature Tourism After Trademark Registration Rejection by DGIP Ratna Laniati; Dewi Sulistianingsih; Rini Fidiyani
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 4 (2024): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i4.14037

Abstract

Perum Perhutani has experienced an increase in tourism, necessitating standardization through the "Canopy" certification as a management guideline. This is regulated under the Decree of the President Director of Perhutani Number 2026/KPTS/DIR/2017 concerning the Standardization of Nature Tourism Management for Perum Perhutani, aimed at improving product and service quality, preserving forest sustainability, and benefiting the community. However, the "Canopy" service mark proposed by Perhutani was rejected by DJKI. The rejection was based on the similarity in pronunciation and type of goods with the registered mark "The Canopy." In fact, the two marks operate in different fields: "Canopy" for tourism services (class 39) and "The Canopy" for stationery (class 16). Thus, their products do not directly compete. The rejection of the "Canopy" mark is considered inconsistent with Article 21 of Law Number 20 of 2016 on Trademarks and Geographical Indications. The absence of legal action from Perhutani has resulted in the inability to use the mark, as it risks violating Article 100 paragraphs (1) and (2) of the same law. This research employs a juridical-empirical method with a qualitative approach through observation, interviews, documentation, and literature review. The findings indicate that Perhutani has complied with Article 5 paragraph (1) of the Regulation of the Minister of Tourism and Creative Economy Number 27 of 2014 concerning Recreational Park Business Standards through the "Canopy" certification. This has provided ecological, social, and economic benefits, as well as improved facilities and services. The rejection of the "Canopy" mark has caused financial losses at several tourist locations. Rebranding cannot proceed without a replacement name, causing the standardization program for nature tourism management to halt. The researcher recommends that Perhutani promptly create a replacement name for the certification so that the standardization program can continue and be applied to other Perhutani tourist destinations.
Causes of Low Absorption of Local Workers to Labor Fulfillment in Indonesia Pratama Herry Herlambang; Suwinda, Suwinda; Muhammad Habiby Abil Fida Safarin
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 4 (2024): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i4.14502

Abstract

This study aims to identify the factors contributing to the low absorption of local workers in Indonesia, focusing on the skills gap, the impact of digital transformation, and the effectiveness of labor policies. The methodology employed is qualitative, utilizing interviews, questionnaires, and literature reviews. The results indicate that the skills gap between the local workforce and the requirements of modern industries is a significant issue, as many workers lack skills relevant to market demands. Furthermore, rapid digital transformation has caused disruptions across various sectors, yet the local workforce’s readiness to adapt remains low. Government initiatives, such as the Pre-Employment Card Program, have not been entirely effective in upskilling the local workforce, and competition with foreign workers exacerbates this problem. This study recommends enhancing the education and training system to better align with industry needs, increasing access to quality training programs, and developing policies that support local skills development. These findings are expected to contribute to the formulation of more effective and sustainable labor policies in Indonesia.
Transfer of Undertaking Protection of Employment: Ideas and Praxis Syahwal, Syahwal; Rofi Wahanisa; Septhian Eka Adiyatma; Alleandria La Graha
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.14315

Abstract

The discussion in this article departs from the issues about the continuity of work of outsourced workers who are trying to be protected by the principle of Transfer of Undertaking Protection of Employment. The articles were prepared non-doctrinally in order to address the issue by incorporating outsourced workers by using the interview method and the statute approach. As a result, the TUPE principle failed to provide protection to outsourced workers. Which failure results from the practice of terminating the work agreement when the contract of business cooperation ends. Furthermore, the protection of the continuity of work for outsourced workers is based only on the moral obligations of the new outsourcing company. Based on the causes of this failure, the development of labour law must impose legal obligations on new outsourcing companies by incorporating the TUPE clause into the contract of business cooperation between the outsourcing company and the user company.
AI Judges and the Future Revolution of the Judicial Profession in Indonesia Joice Soraya; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.15358

Abstract

The implementation of AI in the criminal justice system can enhance efficiency, transparency, and fairness in legal decision-making by efficiently managing information and providing legal considerations based on objective data. In Indonesia, although the Supreme Court has initiated technology-based innovations such as e-Court and Smart Majelis and is considering the concept of AI Judges, technical, legal, and ethical challenges must still be carefully addressed. The application of AI must take into account the specific aspects of Indonesia's legal system, ensure algorithmic transparency, and protect human rights. This research employs a doctrinal (normative) legal approach, utilizing legal materials including primary, secondary, and tertiary sources. The approaches used are the conceptual approach, comparative approach, and futuristic approach. The nature of the research is descriptive-prescriptive, and the data analysis method employed is content analysis. The results of the research indicate that the application of AI in Indonesia’s judiciary has significant potential to improve efficiency and justice, but must be done cautiously and wisely. AI should be used as a supportive tool for human judges, rather than fully replacing them. The concept of AI Judges, where AI plays a role in legal decision-making, must be accompanied by regulations that ensure transparency, accountability, and the protection of human rights. With a careful and ethical approach, AI can be a significant innovation in the judicial system, helping to achieve faster, simpler, and more efficient justice in line with the fundamental legal principles of Indonesia and the values of Pancasila.
Unregistered Customary Land Ownership: Implications and Challenges in Practice Finna Maessy Pangestika; Mella Ismelina Farma Rahayu
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 4 (2024): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i4.15511

Abstract

In Indonesian culture, land is very important, especially when it comes to the ownership of unregistered customary property. This study seeks to evaluate the efficacy of the registration period outlined in Article 96 of Government Regulation No. 18/2021, along with the obstacles faced by the government in executing this policy. The study employs a normative legal approach with a qualitative descriptive methodology, examining applicable legislation and relevant literature. The results indicate that the specified registration timeframe could create legal ambiguity for landowners, particularly when several community members are either oblivious to the significance of registration or encounter barriers such as financial expenses and administrative processes. Although the Complete Systematic Land Registration (PTSL) initiative aims to optimize the registration process, insufficient public legal awareness may impede the attainment of land registration objectives. This study enhances comprehension of the effects of government policies on the rights of indigenous communities and provides recommendations to improve public participation in the land registration process, thus promoting greater legal certainty.
Learning Law from Customary Village: Implementation of the Value of Consencus Deliberation in the Election of Customary Village in Bali I Putu Sastra Wibawa; Ida Bagus Alit Yoga Maheswara; Komang Indra Apsaridewi
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 2 (2024): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i2.15752

Abstract

Customary Villages have autonomy in carrying out their duties and authorities as well as the right to regulate and take care of their own households, of course, they must have a Customary Village government in accordance with the traditions that have been hereditary in Customary Villages in accordance with their respective customary laws. The process of electing Customary Village Leaders in Bali which prioritizes the principles of consensus deliberation which is part of the implementation of the autonomy of Customary Village Communities in Bali in electing Customary Village Leaders in customary life is in line with the Indonesian Nation and Nation State's life handle, namely Pancasila. This paper uses a normative legal research method. The problem is discussed with a legal and regulatory approach, a legal analysis approach and a legal concept approach. The determination of Customary Village Leaders in Bali in the framework of legal pluralism and its implementation in Customary Villages in Bali, currently is not only guided by regional law regulations in the form of Regional Regulations on Customary Villages in Bali, buts must also be guided by customary laws that apply in each Customary Village in Bali in the election of Customary Village Leaders in Bali.
The Role of Human Rights in Shaping Asia-Pacific Policies and Strategies: A Criminal Law Perspective Mikhael Feka; Pujiyono; R.B Sularto; Zico Junius Fernando
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 2 (2024): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i2.15967

Abstract

The Asia-Pacific region, with its complex cultural, social, and political diversity, faces significant challenges in integrating human rights into criminal law policies and strategies. This study aims to analyze the role of human rights in shaping criminal law policies and strategies in this region, focusing on the protection of the rights of the accused, the right to a fair trial, and the protection of crime victims. The background of this research is the increasing global pressure on Asia-Pacific countries to implement international human rights standards within their criminal justice systems, amidst the diverse legal systems present in the region. This research utilizes normative legal methods by adopting statutory, conceptual, comparative, approaches. The nature of this research is descriptive-prescriptive. The data that has been collected is analyzed using the content analysis method. The findings indicate that, despite significant efforts to adopt human rights standards, challenges such as political instability, economic disparities, and differing legal traditions remain major obstacles. Additionally, the study finds that the implementation of restorative justice principles could be an effective solution to enhancing human rights protection within the context of criminal law in the Asia-Pacific region. Overall, this study concludes that, despite the complex challenges, strengthening international cooperation and commitment to the rule of law can better facilitate the integration of human rights into criminal law policies and strategies in the Asia-Pacific region. The findings provide crucial recommendations for policymakers and legal practitioners in their efforts to create a more just and humane criminal justice system.
Legal Policy and Challenges in Protecting Sustainable Food Agricultural Land in Indonesia: A Constitutional and Criminal Law Perspective Emha, Zidney Ilma Fazaada; Arifin, Ridwan; Napitupulu, Michael Timothy; Putri, Destashya Wisna Diraya; Putri, Nadiyah Meyliana
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.17008

Abstract

Indonesia, as a legal state under Article 1(3) of the 1945 Constitution, aspires to achieve sovereignty, justice, and prosperity. Food sovereignty is essential to realizing these constitutional ideals. Law Number 41 of 2009 on the Protection of Sustainable Food Agricultural Land (PLP2B) serves as a key legislative framework to safeguard agricultural land. However, its implementation faces significant challenges, including weak enforcement mechanisms, limited coordination among stakeholders, and insufficient public awareness. These obstacles hinder efforts to prevent land conversion and ensure sustainable food security. This research addresses the urgency of fulfilling the constitutional mandate outlined in the second and fourth paragraphs of the Constitution’s Preamble, emphasizing sustainable development and societal welfare. Through a normative juridical approach, this study analyzes the legal policy for protecting agricultural land from constitutional and criminal law perspectives, offering a novel critique of the existing framework. Findings indicate gaps in regulatory synchronization, the absence of effective criminal sanctions to deter violations, and weak institutional coordination. To address these issues, the study recommends strengthening legal provisions, imposing stricter sanctions for land conversion, and improving inter-agency collaboration to ensure effective land protection. This research contributes to the development of legal science by offering practical recommendations for enhancing sustainable land protection policies. It provides valuable insights for policymakers, legal practitioners, and law enforcement agencies, supporting efforts to achieve food sovereignty and improve community welfare in Indonesia.
Digital Revolution in Land Affairs: Transformation of Land Certificates Through Electronic Mortgage Service Clarabella Marella; Ana Silviana
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 4 (2024): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i4.18929

Abstract

This study analyzes the digital transformation of Indonesia’s land administration through the implementation of the Electronic Mortgage (HT-el) system, which replaces conventional mortgage registration with a fully online process. Using a normative legal research method supported by deductive qualitative analysis, this research examines the regulatory, technical, and institutional challenges faced by Land Deed Officials (PPAT) in adapting to the digital environment. Findings reveal that the transition to electronic land certificates encounters multiple obstacles, including insufficient infrastructure, inconsistent data integration, limited digital literacy, and ambiguities in legal accountability between PPAT and other stakeholders. Despite these challenges, the HT-el system enhances transparency, reduces document falsification risks, and accelerates service delivery. However, its long-term success depends on strengthening legal frameworks, improving human resource capacity, ensuring cybersecurity, and fostering public digital inclusion. This study contributes to the discourse on e-governance and legal modernization by highlighting how technological adaptation reshapes legal certainty and administrative justice within Indonesia’s agrarian reform.

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