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Lex Scientia Law Review
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25989685     DOI : https://doi.org/10.15294/lslr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Scientia Law Review [P-ISSN 2598-9677 | E-ISSN 2598-9685] is one of the prominent journals in Indonesia under the auspices of the Faculty of Law at Universitas Negeri Semarang, Indonesia, has established itself as a preeminent platform for legal scholarship.
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 63 Documents
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Legal Protection of Children in Kazakhstan: Problems and Challenges Rakhimova, Gakku; Khamzina, Zhanna; Kalkayeva, Nessibeli; Buribayev, Yermek; Sailibayeva, Zhanel
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.1220

Abstract

Since Kazakhstan's independence in 1991, the nation's child protection legal framework has evolved through three distinct phases: inception, establishment, and initial development. This evolutionary journey has yielded significant progress in multiple facets of child protection, including the refinement of legislative aims; principles; and the conceptual and substantive aspects of child welfare. Notably, this progression encompasses enhanced measures in criminal, civil, and administrative justice for child protection, as well as improved mechanisms for the monitoring and execution of these laws. Central to this advancement is the embodiment of the United Nations Convention on the Rights of the Child's guiding principles: prioritizing the child's best interests, ensuring non-discrimination, respecting the child's opinions, and safeguarding rights fundamental to the child's survival and growth. These principles are now integral to Kazakhstan's pertinent legal instruments. Despite these strides, challenges persist in the realm of child legal protection in Kazakhstan.
Artificial Intelligence, Innovation, and Copyright: Comparing Intellectual Property Law in Indonesia and South Korea Syafrinaldi, Syafrinaldi; Hyeonsoo, Kim; Syafrinaldi, Rani Fadhila; Hardiago, David
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.1227

Abstract

The rapid advancement of Artificial Intelligence (AI) is reshaping industries globally, raising critical questions about the intersection of technology, law, and innovation. In particular, AI's ability to autonomously generate creative works challenges traditional concepts of authorship, ownership, and intellectual property (IP) rights. As AI technologies continue to evolve, existing legal frameworks, particularly in the realm of copyright, struggle to keep pace. This issue is especially pronounced in countries like Indonesia, where traditional copyright laws fail to address the complexities introduced by AI-generated content. In contrast, South Korea has made notable strides in reforming its IP laws to accommodate technological advancements, offering a more adaptive approach to regulating AI-driven innovation. This study critically analyzes the adequacy of copyright regulations in Indonesia in the context of AI and compares them with South Korea's more progressive legal responses. The research addresses the urgent need for legal reform in Indonesia to ensure that its IP laws remain relevant in an era of rapid technological change. By examining the regulatory responses of both countries, this study highlights the potential risks and opportunities for innovation that arise from the current legal landscapes. The contribution of this research lies in its comparative approach, shedding light on how differing legal systems address the challenges posed by AI. Through this analysis, the study provides valuable insights into how Indonesia can evolve its copyright framework to foster innovation while protecting the rights of creators, offering a model for countries facing similar technological and legal challenges.
Ways and Conditions for Improving Administrative Procedures in the Personnel Policy of the Ministry of Internal Affairs Kussainov, Saken; Sabitova, Shynar; Abilezov, Yestay; Begaliyev, Bakhytbek; Khussainov, Oleg
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.1367

Abstract

The purpose of the study was to develop measures aimed at improving administrative procedures when working with personnel policy in the Ministry of Internal Affairs and its structural divisions. The following methods were used: analysis, synthesis, comparison. The research findings indicate that the ongoing reform of personnel policy in Kazakhstan has led to a lack of qualified specialists who can adapt to new conditions. This shortage is due to a shift away from viewing personnel development solely as administrative tasks. Furthermore, there is a need to consider employee motivation more comprehensively. The practical significance of this study lies in the fact that the proposed recommendations can be taken as a basis for the development of personnel policy both in the Ministry of Internal Affairs of the Republic of Kazakhstan in general and in individual structural units belonging to the Department of Internal Affairs of the Republic of Kazakhstan.
Judicial Review of Constitutional Amendments: Comparison Between India, Germany, Colombia, and the Relevancy with Indonesia Nggilu, Novendri; Moha, Mohamad Rivaldi; Sinaga, Muhammad Ridho; Rachmaniar, Adelia
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.1901

Abstract

The purpose of this study is to explore the urgency for a judicial review of the constitutionality of Indonesia's constitutional amendments. In addition, it explores, using Germany, Colombia, and India as comparative materials, the practice of judicial review regarding the constitutionality of constitutional amendments. The main writing approach used in this article, which examined the constitutional texts of Germany, Indonesia, Colombia, India, and Germany, was a comparative one. Similar provisions that are unchangeable explicitly or implicitly may be found in the constitutions of Colombia, Germany, India, and Indonesia. However, there are fundamental differences in efforts to protect, maintain and preserve these unchangeable provisions (as the fundamental structure and identity of the Constitution) in reviewing the constitutionality of constitutional amendments. This mechanism is practiced in India, Germany and Colombia but not in Indonesia. However, if studied carefully, 3 aspects show the urgency of implementing this mechanism in Indonesia: 1) historical aspects (the existence of past events regarding constitutional changes or transitions that are normatively unconstitutional; 2) philosophical and juridical aspects (the existence of Pancasila as state ideology as well as constitutional identity and the existence of Article 37 paragraph (5) which clearly states that the Form of the Republic of Indonesia cannot be changed); and 3) sociological aspects (the issue of constitutional amendments which seems to be patterned at the end of each president's term of office to extend the period of the president's term of office to three terms). These three aspects are the primary consideration and basis for implementing a mechanism for reviewing the constitutionality of constitutional amendments so that the fundamental structure and identity of the Indonesian Constitution are not damaged or eliminated by parliament through constitutional amendment activities.  
Measurable Fishing as An Attempt of Preventing Overfishing Phenomenon in Indonesian Waters Roisah, Kholis; Rahayu, Rahayu; Susetyorini, Peni; Yusliwidaka, Arnanda; Aziz, Saidatul Nadia Abd
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.2054

Abstract

This research focuses on analyzing the effectiveness of the provision about the measurable fishing as specified in the Government Regulation Number 11 of 2023 as an attempt of preventing overfishing and maintaining the sustainability of biodiversity in Indonesian waters and sea territory. This study is a normative research with statute approach. The data used was secondary one consisting of primary legal, secondary legal, and non-legal materials. Overfishing phenomenon is a serious problem endangering ocean resource and environment. Some countries have reported the overfishing problems damaging the sea ecosystem. Indonesia is one of countries predictably encountering overfishing phenomenon, particularly in northern Java water territory. The indicators of overfishing phenomenon are smaller size of fish and fewer fish caught requiring the fishermen to go farther to catch fish. The fact of overfishing leads to a policy about zone-based measurable fishing and catching quota. This policy can cease overfishing phenomenon because it can control and monitor fish catch, and thereby makes resource and environment better in water or sea territory. Considering the conclusion of research, the concept of measurable fishing formulated by Indonesia is based on zone and quota. Zone base prioritize equal share for the fishermen, promotes economic growth, and determines the capacity of catch allowed for a certain species, while quota base focuses on the limitation of fish catching level based on the potency of fish caught that can control the fishing rate according to the fish resource.
Cybersecurity Regulations for Protection and Safeguarding Digital Assets (Data) in Today’s Worlds AllahRakha, Naeem
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.2081

Abstract

This paper examines cybersecurity regulations and practices for safeguarding digital assets like data in today's interconnected landscape. As cyber risks flourish, comprehensive frameworks outlining technical, administrative, and legal protocols are vital for securing critical systems and sensitive information. The paper's background emphasizes rising digitization, surging threat sophistication, and necessitating diligent governance. Its objectives include analyzing prominent regulations and highlighting principles around confidentiality, integrity, and availability. The qualitative study adopts a doctrinal approach and grounded theory analysis to methodically assess prominent legislation. The paper discusses legislative developments in domains like breach disclosure, identity authentication, and encryption methodologies that strengthen cyber resilience. It suggests reconciling compliance complexity through oversight alignment. The paper concludes by underscoring the need for positive incentives and public-private partnerships that collectively enhance cyber hygiene. It recommends consistent interpretation and proactive investments in capacity building to secure our deepening digital economy against exponentially evolving threats.
The Legal Position of Digital Forensic Experts in the Settlement of Information Technology Crime Cases Amarini, Indriati; Cahyadri, Rizky Aulia; Fitriani, Maulida Ayu; Ismail, Noorfajri
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.2952

Abstract

Digital forensic expert testimony is required by judges to resolve cases related to information technology. However, there are allegations of violations committed by certain parties on several servers such as illegal access, configuration changes, and shutdowns. This is increased by the destruction of crime scene and digital evidence.  In some cases, analyzing the data collected can be time-consuming, and practical understanding is needed by judges to avoid irrelevant questions for digital forensic experts in court. Therefore, this research aims to determine and analyze forensic digital experts in court hearings, the duties and roles of judges in resolving information and technology cases as well as the position of forensic experts in the judicial process. The doctrinal research is sourced from secondary data in the form of Electronic Information and Transaction laws, criminal procedure laws, research reports, books, and scientific journals. The results show that digital forensics expert testimony is needed to assist judges as gatekeepers in obtaining material truth. Practical digital forensic knowledge is used to increase the efficiency of case examination time by avoiding irrelevant questions. Best practices are used in the actions, procedures, handling, and analysis of electronic evidence as well as digital forensic expert testimony in judicial practice.
Corporate Acquisitions and Labor Rights: Who Protects the Workers? Naibaho, Padot Agustinus; Suparman, Eman; Amirulloh, Muhammad
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.3415

Abstract

The rapid evolution of the labor market, accelerated by the ASEAN Economic Community and an influx of job seekers, intensifies competition not only for employment but also for career stability within companies. At the same time, businesses face mounting pressure to stay competitive, often turning to mergers and acquisitions as a strategy for growth and survival. Yet, while these corporate moves may strengthen business prospects, they often leave workers in a precarious position, facing potential job loss or uncertain changes to their employment status. This research explores the legal protection of workers post-acquisition, focusing on Law No. 13 of 2003 on Manpower and analyzing relevant court decisions. The findings reveal that although acquisitions do not automatically terminate employment contracts, they frequently disrupt workers’ rights, exposing them to unexpected vulnerabilities. This study underscores the urgent need for stronger legal safeguards to protect workers from the fallout of corporate restructuring. By highlighting gaps in current labor protections, this research contributes to ongoing discussions on labor law reform, offering insights for policymakers, legal practitioners, and business leaders striving to balance corporate interests with workers’ rights in an increasingly volatile economic landscape. Ultimately, it raises a critical question: in the wake of corporate acquisitions, who truly stands up for the workers?
Artificial Intelligence Regulation on Labour Market: Comparative Perspectives on the European Union Artificial Intelligence Act in the Indonesian Context Rahman, Rofi Aulia
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.3465

Abstract

Advances in artificial intelligence technology (AI) have created new challenges for the legal framework in the field of labour law. The approval of the European Union (EI) AI Act in March13th, 2024, aimed at ensuring the safety and ethical use of AI systems in the EU, has made a significant step forward in regulating AI. This article explains the development of law-making process of the EU AI Act and finds a connection between the EU AI Act and labour market which that law might be the grand design to regulate many aspects of labour side. It then critically evaluates the development of law in Indonesia which is far for expectation to regulate AI within its legal system. Although the challenges and constraints of AI in the labour market have already occurred and are being felt, the task of building up the right legal framework for the needs of workers in the labour market is already at hand. Finally, this paper underlines the importance of comprehensive regulation of AI within legal system for ensuring business climate, employment, data privacy, transparency, ethics, and accountability. However, AI Act in Indonesia remains vague, especially in the labour market sector, and does not regulate AI in its legal system. Therefore, AI Act is necessary for Indonesia to overcome current and future challenges on labour market.
Interpreting Legal Rights: Disparities in Judicial Treatment of Children Born Out of Wedlock in East Java, Indonesia Noviana, Lia; Santoso, Lukman; Puspita, Mega
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.4606

Abstract

The status of illegitimate children or children out of wedlock is a complex and sensitive issue that attracts attention in the Indonesian legal system. Although it has been regulated in various regulations and there is a Constitutional Court Decision Number 46/PUU-VIII/2010, implementing the protection of the legal rights of children outside marriage in different judges' decisions still experiences disparities. This article aims to analyze the differences in interpretation related to the status of children outside marriage in the judicial environment in East Java, as well as how to formulate the ideal protection of the group and civil rights of children outside marriage. This research is a non-doctrinal research using conceptual and philosophical approaches. This study found complexities in considering children's best interests in court decisions. Some judges seek to ensure the protection and rights of children born out of wedlock, while others think about social stability and religious norms. The ideal reformulation of the legal status of children born out of wedlock requires a comprehensive dialogue approach and more inclusive legal reforms. Recommendations are also made to strengthen more explicit legal guidelines for judges in dealing with such cases, considering the child's legal, religious, and best interests. This research contributes to efforts to realize ideal legal protection for out-of-wedlock children and anticipate evolving legal problems.

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