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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 66 Documents
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The Relevance of the Concept of Cyberfeminism in a Policy Perspective Based on Digital Gender Equity in Indonesia Aripkah, Nur; Asufie, Khairunnisa Noor; Sadrianor, Sadrianor; Musa, Norsuhaida Che
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.v8i2.13751

Abstract

Efficiency in communicating and searching for information makes things easier for us in the current era of modern digitalization. This is directly proportional to the emergence of various forms of digital crime, such as online gender-based violence. The existence of a bias in terms of the meaning of technology by women which is influenced by the history and culture of construction makes it necessary to understand technology as part of a culture that expresses and consolidates relations between men and women. Technology with its sophistication seems to have a masculine nature. The feminine nature inherent in women is considered not in harmony with the way technology works. The focus of the discussion in this writing is to find how the concept of cyberfeminism should be relevant to policy based on digital gender equity in Indonesia. The research method used is doctrinal with a statutory approach, a conceptual approach, and a historical approach. The results of the research show that in terms of normative legal policy in Indonesia, legal regulations have been created to make preventive efforts and overcome the problem of gender-based violence, especially against women. However, the phenomenon of gender-based violence continues to occur, especially in vulnerable groups, namely women and children. Of course, all existing policies must be responsive to digital-based gender equity, especially the Sexual Violence Crime Law and the Information and Electronic Transactions Law.
The Development of Agricultural Land Conversion: Legal Culture and Comparative Law in Indonesia and Nigeria Suhadi, Suhadi; Ramli, Asmarani; Dahlan, Tri Andari; Nnawulezi, Uche; Ajayi, Mary-Ann Onoshioke
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.v8i2.13999

Abstract

Land conversion is an important issue in Indonesia and Nigeria, with significant economic, social and environmental impacts. The problem-solving approach to uncovering farmers' legal culture is done through a sociolegal approach, where the law is seen not limited to the text but also its context in reality in society. With the sociolegal approach, the values, attitudes and views (NSP) of farmers towards their agricultural land, towards LP2B policies, and the behaviour of farmers in the use and utilization of their agricultural land designated as sustainable food agricultural land can be revealed and constructed appropriately and adequately. This research aims to uncover how farmers' legal culture can be better integrated in the law enforcement of food agricultural land protection, as well as find ways to harmonize formal laws with local practices in order to achieve more effective and equitable land protection, in addition to comparing factors affecting land conversion in both countries, including urbanization, infrastructure and industrial development, and government policies. The economic impacts of land conversion include economic growth and job creation, but also threaten food security and farmers' livelihoods. Social impacts include land conflicts and changes in people's lifestyles, while environmental impacts include deforestation, erosion and flooding. Proposed solutions include stronger monitoring and law enforcement, community participation, and sustainable policies and empowerment programs for farmers. In conclusion, wise policies and active participation from all parties are needed to sustainably manage land conversion in Indonesia and Nigeria.
The International Arbitration Award as a Simple Proof Requirement in Bankruptcy Hartini, Rahayu; Ali, Hasani Moh.; Multazam, Mochammad Tanzil; Faizin, Moh.; Putra, Ahmad Dzulfiqar Hibatullah
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.v8i1.14056

Abstract

Bankruptcy and Arbitration are forms of mechanisms for resolving disputes among parties. The purpose of this research is to explore the use of international arbitration awards as a simple proof requirement in bankruptcy cases. The research methods employed include the statute approach and conceptual approach. The findings of this research indicate that international arbitration awards can be admissible as simple proof due to the final and binding nature of international arbitration awards when they meet certain requirements established by Indonesian positive law. Specifically, if an international arbitration award has been registered and requested for enforcement at the Central Jakarta District Court, the international arbitration award is considered valid. Meeting these criteria, international arbitration awards, as authentic evidence, fulfill the simple proof requirement. However, if an international arbitration award does not meet these requirements, it cannot be considered authentic evidence in bankruptcy proceedings under Indonesian positive law, as the authenticity of international arbitration awards is only recognized when they have been registered and requested for enforcement.
Choice of Islamic Law in Settlement of International Economic Disputes Lita, Helza Nova; Azis, Norazlina Abdul; Mahmutovic, Adnan; Harrieti, Nun; Hidayat, Romidon
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.v8i1.14058

Abstract

The freedom to choose forum institutions and legal options in resolving business disputes is a freedom to contract exercised by national and international business actors, likewise in settling Islamic economic business disputes. This freedom of contract is recognized both in the principles of international trade law and Islamic law. The present development of sharia business transactions at the national and international levels does not rule out the possibility of disputes in its implementation. The consistency of implementing Islamic economics also concerns the choice of Islamic law, which is used as a choice of law for international business actors in case of a dispute between them. Studying how specific Islamic law can be applied to each country's national law is interesting. This article will discuss how Islamic law can be chosen to settle international business disputes using a normative juridical approach. Choice of law is the law the parties choose to resolve disputes between them, which can be expressed in their business contracts. The choice of law chosen by these parties in the settlement of international business disputes will also be closely related to the principles of Private International Law in harmonizing with the provisions of the National Law of each country. There needs to be mutual agreement from both countries, as well as international forums or institutions, especially international trade institutions, to support the recognition of the application of Islamic legal principles in resolving international business disputes through international agreements both bilaterally and multilaterally.
Resolution of Agrarian Conflicts on Plantation Land through Restorative Justice in Indonesia Artaji, Artaji; Sulistiani, Lies; Rajamanicam, Ramalinggam; Fakhriah, Efa Laela
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.v8i1.14060

Abstract

The agrarian reform in Indonesia has not been effectively implemented, leading to significant challenges, particularly regarding the unresolved status of Right to Use Enterprises (HGU) held by plantation entrepreneurs. As a result, many plantation lands remain abandoned, which farming communities—lacking formal land ownership—subsequently cultivate. The government views this activity as unauthorized land occupation, commonly referred to as reclamation. Conflicts over plantation land arise from differing perspectives: while farming communities seek justice, the government perceives plantation land as state property that necessitates state control and management. This issue is further complicated by plantation entrepreneurs who believe they retain valid HGU rights. To address this multifaceted problem, a solution model is needed that engages victims, perpetrators, and community stakeholders to foster a sense of justice. This research employs socio-legal methodologies, utilizing an interdisciplinary approach that incorporates non-legal disciplines to enhance doctrinal analysis and better understand the legal realities faced by all parties involved. The findings indicate that a restorative justice model for resolving conflicts between farming communities and HGU holders is highly appropriate, as it facilitates a sense of fairness for all stakeholders. By bridging the divergent understandings and paradigms of the farming communities and the government, restorative justice mechanisms can effectively restore the rights of those affected and promote peace in the resolution process.
Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries Adhari, Ade; Pujiyono, Pujiyono; Shidarta, Shidarta; Widyawati, Anis; Suryani, Leony Sondang
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.v8i1.14061

Abstract

This article provides a comprehensive analysis of a fundamental and universal principle in criminal law: the principle of ultimum remedium. This principle advocates for the use of criminal sanctions as a last resort, to be employed only when all other avenues have been exhausted. The primary focus of this study is to examine how the principle of ultimum remedium is articulated within the criminal codes of various countries. The countries selected for this analysis—Germany, Slovenia, Croatia, the Czech Republic, Kosovo, Montenegro, and Kyrgyzstan—were chosen randomly. By scrutinizing these formulations, the study aims to delineate an ideal framework for the application of the ultimum remedium principle. This research utilizes a doctrinal methodology, and through this lens, the article finds that legislators in numerous countries frequently integrate the principle of ultimum remedium implicitly within provisions that address basic principles and limitations of the use of criminal law, basic principles and limitations of criminal law enforcement, basic principles and limitations of criminal sanctions, and basics of criminal accountability. Nonetheless, some countries have explicitly codified the principle of ultimum remedium within provisions titled "The Principle of Subsidiarity of Criminal Repression." These articulated principles serve as crucial guidelines for legislators and law enforcement authorities.
The Extended Nature of Trading Norms Between Cryptocurrency and Crypto-asset: Evidence from Indonesia and Japan Sugianto, Fajar; Tokuyama, Shintaro
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.v8i1.14063

Abstract

This article is evidently about the comparison between Indonesia and Japan and their views on Crypto as a commodity. It starts with a brief elaboration on the legal standing of cryptocurrency in Indonesia and Japan. In Indonesia, Cryptocurrency is legal only as a commodity as the Ministry of Trade Regulation No. 99 of 2018 formally authorized crypto asset trading and decreed it lawful. The Indonesian Commodity Futures Trading Supervisory Authority, or BAPPEBTI, published Regulation No. 5 of 2019 to provide a thorough regulatory framework for the crypto-assets future. In Japan, there is no omnibus law regulating blockchain based coins and the legal status of tokens are determined under the uses and functions. News outlets report that there may be in talks of a law of the possibility of the seizure of crypto that has been stolen or has been illegally acquired by organized crime due to the law of the type of assets that can be seized are physical property, monetary claims, and movable assets such as machinery, vehicles, tools, and supplies, with crypto falling under none of those categories. The conclusions are, first, Indonesia has vastly improved its Cryptocurrency regulations with BAPPEBTI’s Regulation No. 8 of 2021. with the implementation of (a) licensing requirements; (b) rights and obligations; and (c) the responsibilities of key players involved in the physical crypto-asset market, such as futures exchanges, crypto asset traders, futures clearing agencies, and crypto-asset storage providers. Second, Indonesia’s regulations almost mirror itself with Japan’s behavior towards crypto, with differences only arising in the specific percentages of storage, equity, and infrastructure.
The Impact of Labor Law Reform on Indonesian Workers: A Comparative Study After the Job Creation Law Nugroho, Arinto; Ronaboyd, Irfa; Rusdiana, Emmilia; Prasetio, Dicky Eko; Zulhuda, Sonny
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.v8i1.14064

Abstract

This study is expected to have significant implications for policymakers and stakeholders in Indonesia and other developing countries seeking to reform their labor laws. The study can validate the development of new policies and programs to protect the rights of the workers, promote decent work, and provide greater access to social protection. The discussion on comparing labor regulations before and after implementing the Job Creation Law (The Law Number 6 Year 2023) in Indonesia covers several key aspects, including wage arrangements, outsourcing, social protection, and fixed-term employment agreements (PKWT). The Job Creation Law reflects the trend to provide more flexibility to employers, allowing them to customize working conditions according to business needs. While a push exists to improve the investment climate and create jobs, these changes raise serious questions about workers’ rights and welfare, particularly concerning about social protection and job security. This comparison indicates significant changes in Indonesia’s labor regulations, providing a clearer picture of workers’ challenges and opportunities. Labor law reform in Indonesia has impacted workers’ perception and responses. While some perceive it as a positive step that strengthens legal protection against unfair termination of employment, many workers still experience inequalities in access to health insurance, pensions, and workplace accident insurance. The government and stakeholders should work to improve workers’ access to social security and strengthen law enforcement and oversight to minimize potential implementation failures that could harm the rights of the workers.
Li and Fa in Contract Law from the Perspective of Chinese Legal Philosophy Putro, Widodo Dwi; Tanya, Debora Jessica Desideria; Martini, Dwi
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.v8i1.14065

Abstract

Traditional Chinese law is strongly influenced by two schools of thought, namely Confucianism which emphasizes “rule by li” and Legalism which emphasizes “rule of fa”. Both schools of thought have different accentuations, specifically, “li” emphasizes trust, while “fa” prioritizes certainty. In light of this ambivalence, this research seeks to address the following problem formulation: (i) how do the principles of "li" and "fa" inform the foundation of legal agreements? (ii) how has the evolution of these principles been shaped by Mainland Chinese and Peranakan Chinese communities? To address these inquiries, this study delves into the influence of "li" and "fa" within contract law, specifically within the context of Contract Law among Mainland Chinese and Peranakan Chinese in Indonesia. The researcher conducts an exploration of the Analects of Confucius to elucidate the essence of "li" and delves into the texts of Shang Yang and Han Fei Zi to discern the essence of "fa." The findings of this research are subsequently employed as a foundation for analyzing the impact of "li" and "fa" on legal practices in Mainland Chinese and Peranakan Chinese societies, viewed through the lens of legal philosophy.
Agreement on Agriculture WTO: Discourse on Indonesia's Food Security in a Global Context Putra, Akbar Kurnia; Zaki, Muhammad Reza Syariffudin; Sipahutar, Bernard; Hefni, Hanna Adistyana; Cason, Christopher Michael
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.v8i1.14066

Abstract

This article evaluates Indonesia’s progress towards its national goal of food security. To meet the Indonesian population’s right to food by formulating national policies and supporting regulations on agriculture for food sovereignty while conducting economic diplomacy utilizing its membership in the WTO Agreement on Agriculture and the G33 coalition. Normative juridical research and comparative legal analysis examine provisions concerning agriculture in Indonesia’s national legal instruments and WTO’s Agreement on Agriculture. The article finds that Indonesia has failed to attain either food security or food sovereignty, postponed by international negotiations where developed countries object to the developing and least-developed countries’ Special Products and Special Safeguard Mechanism. The provisions are imperative for supporting Indonesia’s economic growth to attain food security and eradicate poverty, considering the significant gap between developed and developing economies. This article suggests that Indonesia strengthen its bilateral economic relations with influential, more economically developed members of the WTO agreement to garner international support to meet national food security and exercise Indonesia’s right to regulate within its jurisdiction, leading to food sovereignty.

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