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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 173 Documents
Wage Problems in Indonesia in the Human Rights Perspective (Case of Inappropriate Wages for Pot Workers in Tangerang) Zahra Zara Mahasin; Firqotun Naziah; Ridwan Arifin
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36378

Abstract

This paper analyzes the fulfillment of rights for workers in the case in Tangerang (fulfillment of a decent salary). Whereas, one form of the implementation of the mandate of the 1945 Constitution in realizing decent livelihoods, especially for workers, is the minimum wage policy based on Law No. 13 of 2003 concerning Manpower which aims to provide protection for workers and their families, this is stated by clear in consideration of letter (d) of Law Number 13 of 2003 concerning Manpower, namely that the protection of labor is intended to guarantee the basic rights of workers and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families with still pay attention to the development progress of the business world. The disharmony in employment relations or labor turmoil is mostly caused by wage problems that are felt to be still very low. The low level of wages in Indonesia is caused by the abundant supply of labor, the level of labor skills is very low, and the government has an interest and seeks to create and expand employment opportunities.
The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society? Rurin Sisilia Prasetyani; Shally Saniyya Novina
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36379

Abstract

This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values ​​teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.
Rights to Education for Poor Peoples: How The Country Protect Them? Luthfi Widyantoko
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36380

Abstract

This paper discusses the rights of the poor and marginalized in obtaining the right to education as one of the basic human rights. This paper is based on the condition that the urgency of educational development is one of the top priorities in the national development agenda. Educational development is very important because of its significant role in achieving progress in various fields of life: social, economic, political, and cultural. Therefore, the Government is obliged to fulfill the rights of every citizen in obtaining education services in order to improve the quality of life of the Indonesian people as mandated by the 1945 Constitution, which requires the Government to be responsible in educating the life of the nation and creating public welfare. The lack of equal distribution of education in Indonesia is a classic problem which until now there has not been any strategic steps from the government to handle it. This paper confirms that the achievement of the right to education in Indonesia has not been achieved and is motivated by several key factors, among government policies. In addition, human resources and infrastructure are also one of the causes of unequal access to education in Indonesia.
Good Environmental Governance in Indonesia (Perspective of Environmental Protection and Management) Purniawati Purniawati; Nikmatul Kasana; Rodiyah Rodiyah
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36381

Abstract

This paper discusses good environmental governance in the framework of environmental protection and management. The evironmental view of governance itself provides a conceptual framework in which public and private behavior is regulated in supporting more ecologically oriented arrangements. The framework forms a reciprocal relationship between the community (global, regional, national and local) in dealing with the access and use of environmental goods and services and binds them (at any level) with certain specific environmental ethics. Then as a system, Environmental Governance consists of socio-cultural aspects, political and economic interactions among many actors in civil society. In managing and protecting the environment around it is needed cooperation between humans, humans are very important to manage and protect the environment in which they live. Starting from the government and until the people have the same rights and obligations in managing and protecting the environment without exception. Not limited wherever domicile. Both rural communities, rural and urban areas, become an important part of the realization of a good and healthy environment. The existence of the community will be very effective if its role in controlling the management of the exis ting environment.
Social Justice on Environmental Law Enforcement in Indonesia: The Contemporary and Controversial Cases Adiguna Bagas Waskito Aji; Puji Wiyatno; Ridwan Arifin; Ubaidillah Kamal
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36382

Abstract

Kaidah dasar yang melandasi pembangunan dan perlindungan lingkungan hidup Indonesia terdapat dalam pembukaan Undang-Undang Dasar 1945 pada alinea ke-4 yang pada pokoknya mewajibkan pemerintah untuk mendayagunakan sumber daya alam yang ada untuk sebanyak-banyak kesejahteraan rakyat. Pemikiran tentang kewajiban negara ini secara konstitusional tersebut lebih dijabarkan lagi dalam Pasal 33 Undang-Undang Dasar 1945, yaitu prinsip negara, bumi dan segala kekayaan yang terkandung di dalamnya serta menjadi hajat hidup orang banyak dikuasai oleh negara untuk digunakan untuk kehidupan orang banyak atau dengan kata lain negara bertindak sebagai penyelenggara kepentingan umum. Lingkungan hidup yang baik dan sehat meruoakan hak asasi setiap warga negara Indonesia sebagaimana diamantkan dalam Pasal 28H UUD RI 1945.
The Education for Gender Equality and Human Rights in Indonesia: Contemporary Issues and Controversial Problems Ayu Maulidina Larasati; Novia Puspa Ayu
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36383

Abstract

This paper is motivated by the many legal issues concerning human rights issues that occur in the Indonesian education sector, especially regarding gender discrimination. Gender is the differentiation of roles, functions and responsibilities between women and men resulting from socio-cultural construction and can change according to the times. This paper discusses the main issues of gender in the perspective of human rights and gender equality education in Indonesia. Gender is a gender difference that is not caused by biological differences and not God's nature, but was created by both men and women through a long socio-cultural process. Differentiating the roles, functions and responsibilities of men and women in this social context is basically not a problem, but when examined more deeply it can be a cause of the emergence of gender discrimination, which is one of the sexes whose basic rights are neglected, left behind and experiencing problems of injustice.
The Settlement of Abuse of Authority by Government Officials Oyaldi Puhi; Rustam Hs Akili; Roy Marthen Moonti
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 1 (2020): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i1.36384

Abstract

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.
Advocacy and Legal Aid During Covid-19 Pandemic: How Indonesia Survives? Galuh Dwi Novanda
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 2 (2020): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i2.36386

Abstract

The spread of the corona virus or better known as covid-19 in Indonesia is a serious matter that needs to be dealt with immediately considering the number of victims caused by the virus that was first discovered in Wuhan. As in mid-March, after the first death in Indonesia due to the corona virus and the designation of the catastrophic virus as a global pandemic by WHO or the World Health Organization, this indicates that the government must be tougher in controlling corona virus transmission in Indonesia. Even since March 15, 2020 Indonesia has determined the status of the co-19 distribution as a national disaster. The implications of the outbreak of the pandemic are the impact on problems both in the health and economic fields. In connection with health issues, the Indonesian government itself has established a public health emergency as stated in the Decree of the Head of the National Disaster Management Agency. This is as stated in Article 10 of Law Number 6 Year 2018 on Health Outrageousness as seems to be a lockdown consideration, there are large-scale social restrictions which are clearly evident in article 59 paragraph (2) which includes the consolation of schools and workplaces, restrictions on religious activities and / or restrictions on activities at public places or facilities.
The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011 Helmy Yahya Rahma Aji; Raden Muhammad Arvy Ilyasa
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 2 (2020): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i2.36387

Abstract

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.
The Corona Virus and Labor Rights Issues: How Do Workers Get Their Rights? Diki Mardiansyah
The Indonesian Journal of International Clinical Legal Education Vol. 2 No. 2 (2020): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v2i2.36388

Abstract

The impact of Covid-19 is very broad and comprehensive in all human life. Students must learn from home, workers work from home, and all people worship from home. Really, a life that I never imagined before. Students complain about online lectures because assignments are increasing, internet quota runs out quickly, not to mention students from remote areas that are difficult to signal. This is clearly very troublesome for them. Even for workers who cannot work from home, the appeal to work from home is not valid. They are not office workers or lecturers who can work from home. They have to work on the streets, in the field, even in the fields or gardens. It is impossible for farmers to work from home. This can make us realize that we cannot eat money. Food needs will still be fulfilled by farmers. Referring to the right to decent work and livelihood, it is fitting for the Government to ensure that there is no Termination of Employment by the company and the provision of adequate wages in accordance with the provisions of the legislation in force. This paper will discuss the impact events of Covid-19 that have an impact on workers, especially workers. Not a few workers in various regions in Indonesia were laid off and laid off as a result of the Corona pandemic.

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