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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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Current Challenges in Need of More Stringent Sanctions to Combat Increasing High-tech Crimes in a Developing Country in the Age of Fourth Industrialization Do Qui, Hoang; Vu, Tuan Van; Le, Tuan Anh
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.v8i1.4949

Abstract

High-tech crime, commonly called cybercrime, is considered a potential threat to individuals, businesses, and governments all over the world. Currently, the fourth industrialization substantially impacts human development, but it also poses many high-tech crimes, which requires a more stringent policy to combat these crimes. This report synthesizes the latest findings on the trends, impacts, and responses to high-tech crimes. The study used the secondary sources of the qualitative method based on the recent approach model of Long-Sutehall et al. (2010), researching, reviewing, generating and synchronizing the common legal frameworks of the legal normative documents, such as Vietnam Criminal Code No. 100/2015/QH13, Law on Cyber Security No. 24/2018/QH14, Budapest Convention (ETS No. 185) and its Protocols, and other legal documentary references. At present, high-tech crime is regarded as a challenge and a new product of human evolution with profoundly negative impacts on each individual, legal entity, country or even the entire community. International cooperation in combating crimes has now shown effectiveness, as there is a lack of a unique legal framework to address this issue. Currently, there has yet to be a unique, effective international law regulating high-tech crimes; consequently, the legal ground, content and modes of international cooperation in combatting this kind of crime exhibit some differences and deliberately require the commitment and goodwill of the subjects on a global scale.
Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution Amancik, Amancik; Saifulloh, Putra Perdana Ahmad; Masyhar, Ali; Nur, Asrul Ibrahim; Barus, Sonia Ivana
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.v8i2.7460

Abstract

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.
Reclaiming Our Roots: Agrarian Law's Battle Against Land Grabbing Kontesa, Emelia; Junius Fernando, Zico
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.v8i2.10681

Abstract

The huge structural inequality in agrarian tenure in Indonesia after 78 years of independence, where a small elite controls the majority of land, contradicts the principles of egalitarianism and social justice enshrined in Indonesia's agrarian constitutionalism. In this context, corruption in the agrarian sector, especially in the palm oil and forestry industries, shows weaknesses in monitoring and law enforcement. The Job Creation Law and other liberal-capitalistic policies are feared to potentially violate human rights, including the rights to land, work, and a healthy environment. Failure to implement agrarian reform has impacted food sovereignty, social injustice, and environmental damage. The neglect of human rights principles in agrarian issues, such as land grabbing and discrimination in access to natural resources, as well as the failure to provide effective conflict resolution mechanisms, has increased agrarian inequality and conflict. This research uses a normative juridical approach (library research), and the analysis is carried out using a statute approach, conceptual approach, comparative approach, historical approach, and futuristic approach. Research Results To achieve agrarian justice, serious efforts are needed, including restoring agrarian constitutionalism as the foundation of the nation's life, forming an Agrarian Reform Advisory Board, revoking the Job Creation Law, forming an Agrarian Reform Implementing Agency directly under the President, and implementing priority locations for agrarian reform. It is also important to stop arrests, intimidation, and violence against farmers, indigenous peoples, laborers, fishermen, and activists by the police, and restore fuel subsidies for small farmers, traditional fishermen, and vulnerable communities. The role of people's organizations and social movements in strengthening people's initiative-based agrarian reform practices and calling for a holistic and social justice-focused approach to address agrarian issues in Indonesia.
Reforming Justice: Unpacking the Pre-Judication and Post-Judicate Dynamics of the Sarpin Case in Law and Practice in Indonesia Sumardiana, Benny; Pujiyono, Pujiyono; Cahyaningtyas, Irma
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.v8i2.10744

Abstract

This paper critically examines the Sarpin case within the context of Indonesia's criminal justice system, focusing on the legal reformation of pretrial procedures and their impact on the protection of suspects' human rights. Indonesia's criminal justice system adheres to the principle of presumption of innocence, which underscores the importance of safeguarding individual rights throughout the legal process. The introduction of the pretrial institution under the Criminal Procedure Code (KUHAP) has introduced significant shifts in judicial practices, particularly in evaluating coercive measures such as arrest, detention, and the termination of investigations. This research addresses three key questions: first, how pretrial procedures are regulated from the perspective of criminal law; second, how the reform of pretrial practices has been influenced by Judge Sarpin's landmark decision; and third, the broader implications of his ruling on the protection of human rights within the Indonesian criminal process. The paper utilizes a normative research method, analyzing relevant statutes and legal concepts through a statutory approach. In the Sarpin case, Judge Sarpin ruled that the investigation warrant used to initiate proceedings against Budi Gunawan was invalid, highlighting a critical legal interpretation of pretrial powers. This ruling not only questioned the procedural foundation of the case but also demonstrated the significant role of pretrial in defending the rights of suspects. Article 77 of KUHAP grants district courts the authority to examine the legality of coercive actions, providing a vital safeguard against potential abuses. The paper evaluates how Judge Sarpin's decision has reshaped legal practices in Indonesia, emphasizing its potential to reform both judicial attitudes and the protection of fundamental rights.
Enhancing Security, Economy, and Education: A Policy Analysis of the Indonesia-Malaysia Border Region Putri Lili; Nurlukman, Adie Dwiyanto; Amiludin, Amiludin; Aditya, Toddy
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.v8i2.11039

Abstract

This study explores the legal and policy dimensions influencing security, economic development, and education in the Indonesia-Malaysia border region, identifying key challenges and offering policy recommendations. Using a qualitative methodology and NVIVO 12+ software for data analysis, the research examines legislation documents, government reports, and policy frameworks to uncover significant gaps. The study reveals critical deficiencies, including underfunded educational institutions, inadequate healthcare facilities, and insufficient infrastructure, which hinder both human development and economic growth. For instance, many border villages face infrastructural deficits such as unpaved roads and unreliable electricity, limiting access to education and curbing local economic opportunities. The research also highlights the fragmentation of legal and policy frameworks, which often prioritize national security and macroeconomic goals over local needs, exacerbating socio-economic inequalities. Inadequate security measures further undermine regional stability, facilitating transnational crimes such as human trafficking and illegal trade. The study emphasizes the interconnectedness of education, infrastructure, security, and economic development, underscoring how deficiencies in one area adversely affect the others. This paper offers novel insights into border governance, proposing an integrated policy approach that aligns legal, economic, and educational objectives to foster sustainable development, enhance security, and promote regional cooperation. The findings provide valuable implications for policymakers seeking to improve governance in border regions facing similar socio-political challenges.  
Shedding Light on WTO Jurisdiction and Preventing Abuse of The Security Exception Provision Sefriani, Sefriani; Julian, Aris Rahmat; Monteiro, Seguito
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.v8i2.13473

Abstract

This paper critically analyzes the World Trade Organization (WTO) jurisdiction over disputes involving the use of the Security Exception (SE) under Article XXI(b) of the General Agreement on Tariffs and Trade (GATT) 1994, and explores measures the WTO could take to prevent the abuse of this provision. The study utilizes legislative, case-based, and historical approaches within a normative juridical framework to examine the complexities surrounding the invocation of the SE. First, the paper demonstrates that the WTO does indeed have jurisdiction over disputes involving the SE, countering the perception that the 'self-judging' nature of Article XXI(b) absolves the WTO of oversight. This argument is supported by the WTO panel’s ruling in Russia – Traffic in Transit and reinforced by historical precedents, which confirm that affected countries can engage in consultations with the invoking state. Second, the paper identifies two critical instruments that could prevent the abuse of the SE provision. These instruments are rooted in the interpretation of the SE’s text, guided by the ordinary meaning of its terms, in accordance with the principle of good faith. The paper argues that more precise definitions of what constitutes an emergency situation affecting state security are essential to prevent the misuse of the SE for protectionist or politically motivated purposes. Ultimately, the research calls for a more robust framework to ensure that the Security Exception serves its intended purpose—protecting legitimate national security interests—while preventing its exploitation for unjustifiable trade barriers. The WTO must develop clearer guidelines and stronger mechanisms for transparency and accountability to maintain the integrity of the global trading system.
Social Media Impact on Women's and Children's Rights in Armed Conflicts: Legal Assertions by Third States? Towadi, Mellisa; Čović, Ana; Thalib, Mutia Cherawaty; Badu, Lisnawaty W; Talani, Noval Sufriyanto
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.v8i2.13622

Abstract

This article explores how third countries can claim social media information from their citizens as a legal measure to protect and fight for the rights of women and children in armed conflict. The exploration is conducted normatively with a socio-juridical approach and a comparison of state implementation of the law. Implementing law in this approach will involve comprehensive analyses that include understanding legal texts, examining social impacts, and comparing practices across different jurisdictions to draw appropriate conclusions. This research shows that social media can serve as a platform to raise global awareness of human rights violations, provide digital evidence that can be used in international tribunals, and exert diplomatic pressure on states involved in violations. Social media also enables cross-border collaboration between governments, international organisations and NGOs to coordinate legal and advocacy efforts. However, challenges include disinformation, digital security risks, and technology access gaps that can hinder the effective use of social media as a legal tool. Nonetheless, with the right strategies, third countries can utilise social media to strengthen international law enforcement and support the fulfilment of the rights of women and children in conflict zones. In conclusion, despite significant challenges, third countries can claim the use of social media as an effective legal measure in their efforts to support and protect the rights of women and children in situations of armed conflict.
Digital Platform Power Play: Indonesian and European Union Law Perspective Hufron, Hufron; Fikri, Sultoni; Hadi, Syofyan; Shulga, Ievgenii; Wibowo, Agung Satryo
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.v8i2.13669

Abstract

Plenty aspect of human life across various regions, also Indonesia, utilizes electronic systems for a multitude of activities, and involving digital platforms. The concept of Digital Platform Powerplay is linked to the digital market and personal data protection. In Indonesia, the regulatory framework governing digital markets and personal data primarily relies on Law No. 11/2008 concerning Electronic Information and Transactions, which has undergone two amendments: Law No. 19/2016 amending Law No. 11/2008, and Law No. 1/2024 amending Law No. 11/2008 for the second time and Law No. 27/2022 concerning Personal Data Protection. As a implementation regulation Government Regulation No. 80/2019 concerning Electronic Commerce and Government Regulation No. 71/2019 concerning the Implementation of Electronic Systems and Transactions further elaborate on these regulations. These legal provisions are intended to provide legal certainty for users. It is essential to review all regulations related to electronic systems and digital platforms by comparing them with the regulatory frameworks in the European Union. The study addresses two primary issues: 1) the legal regulation of digital markets from the perspective of Indonesian positive law, and 2) the legal regulation of digital markets from the perspective of European Union law. This research employs normative legal research methodologies, utilizing both statutory and comparative approaches. The findings of this study suggest that Indonesia should consider adopting the European Union's Digital Markets Act and Personal Data Protection regulations by amending Law No. 11/2008 concerning Electronic Information and Transactions and its amendments, with particular emphasis on aspects related to Digital Platform Powerplay.
Balancing Digital Rights with Environmental Sustainability: A Move Towards Climate Justice Chhachhar, Varun; Kumar, Niharika
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.v8i2.13679

Abstract

The rapid growth of digital technology has profoundly impacted both human lives and the environment. According to the 2024 Digital Economy Report: Shaping an Environmentally Sustainable and Inclusive Digital Future, India’s global share of screens, computers, and small IT and telecommunication (SCSIT) waste has increased from 3.1% in 2010 to 6.4% in 2022. The United Nations Conference on Trade and Development (UNCTAD) also reported a 163% increase in India’s generation of electronic waste from SCSIT. E-waste, due to the presence of hazardous materials like heavy metals, lead, and mercury, poses significant environmental and health risks, necessitating proper disposal methods. A key challenge is the growing reliance on digital technologies for essential services, such as e-commerce and e-banking. The expansion of human rights to include digital rights has created a conflict between the freedom of expression and the duty to protect the environment, especially regarding climate change. This article explores the extent of dependency on electronic devices, purchasing patterns, and attitudes toward responsible e-waste disposal and recycling. It examines the effectiveness of India’s current legal and policy framework for e-waste management, focusing on the informal sector’s recycling practices, which pose additional risks. Using empirical data collected from working professionals, students, and homemakers, the study finds that while electronic device ownership is widespread, with most respondents owning more than five devices, e-waste disposal practices are largely irresponsible. Discarded devices are often stored rather than recycled or sold to authorized collectors. This indicates a lack of awareness, resources, and proper infrastructure. The findings underscore the need for a comprehensive policy framework that mandates responsible usage and disposal, empowers municipalities with necessary resources, and penalizes illegal recycling practices.
Digital Deception: The Impact of Deepfakes on Privacy Rights Verma, Karishma
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.v8i2.13749

Abstract

Deepfake technology, which uses advanced artificial intelligence to create synthetic media, poses significant threats to privacy rights. Since its emergence, deepfakes have been used in various malicious ways, raising urgent concerns about their impact on privacy rights. This study investigates the implications of deepfake technology on privacy, with a focus on how it affects individuals and legal frameworks. The research is driven by the need to understand the extent of privacy violations and the adequacy of current laws in addressing these challenges. The article aims to provide a comprehensive analysis of the intersection between deepfake technology and privacy rights. It explores the theoretical implications of deepfakes on privacy, assesses public awareness and concern through empirical research, and evaluates existing legal frameworks in the United States, European Union, and India. A mixed-method approach is used in this article. Doctrinal research involves examining profound impact of deepfake technology on privacy rights and analysing legal frameworks and case law to understand the legal responses to deepfakes. Empirical research includes a survey conducted with diverse respondents in India to gauge public awareness, experiences, and opinions regarding deepfakes and its incursion into privacy rights. The study finds that while some jurisdictions have enacted laws to combat deepfakes, significant gaps remain in protecting privacy rights. Empirical findings reveal varying levels of public awareness and concern, highlighting the need for more robust legal measures and public education. The research underscores the necessity for updated and comprehensive legal frameworks to address the evolving challenges posed by deepfake technology. Recommendations include enhancing legal protections while coming up with technological solutions and increasing public awareness to safeguard privacy in the digital age.

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