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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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Environmental Impact Assessment Discourse on Environmental Law Enforcement to Support Creative Tourism Industry: Overview from Indonesia and Spain Kartika, I Gusti Ayu Putri; Winarsi, Sri; Dalmau, Rubén Martínez; Hermanto, Bagus
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.v8i1.14081

Abstract

Activities in the creative tourism business can have a significant detrimental effect on the environment, including depletion of natural resources, pollution, and the physical impact of tourism. Environmental impact analysis, also known as EIA, and environmental law enforcement are critical to the creative tourism business. The EIA is a tool for preventing environmental pollution and/or damage, and enforcing environmental law is strongly tied to the apparatus's ability and citizens' compliance with applicable legislation, which covers three areas of law. The EIA is designed to keep environmental conditions at a certain level of quality to enable development continuity. EIA is one of the concrete tools for achieving and sustaining sustainable development. Since law enforcement is an attempt to ensure public order, as well as how crucial it is to comply with environmental law provisions to suppress the negative effects generated by environmental damage and pollution with the existence of tourism industry activities. This study is a normative legal study with applied statutory approach and conceptual approach. A literature review was undertaken to support the creative tourism industry, using primary and secondary legal documents in the form of legislation and legal literature that discuss EIA and environmental law enforcement.
Enhancing External Oversight of Constitutional Judges: A Study on the Role of the Judicial Commission in Indonesia and South Korea Suparto, Suparto; Hyeonsoo, Kim; Hardiago, David; Syafrinaldi, Rani Fadhila
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.v8i1.14140

Abstract

This study addresses the urgent need for enhanced external oversight of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of judicial misconduct and rising public dissatisfaction highlight the necessity for effective mechanisms that ensure transparency and ethical conduct among judges. The research investigates the roles and effectiveness of the Judicial Commissions in both countries, providing critical insights into their operations and impacts on judicial oversight. By employing a comparative approach, the study reveals the strengths and weaknesses of each commission’s framework, focusing on ethical guidelines, disciplinary processes, and public engagement strategies. It identifies best practices that could be adapted or improved to enhance judicial oversight, thereby fostering greater public trust in the legal system. The findings indicate that while both commissions aim to uphold judicial integrity, their effectiveness is influenced by contextual factors such as political dynamics and public perception. Additionally, this study explores the implementation of external oversight for Constitutional Judges in Indonesia, particularly in light of the establishment of the Constitutional Court following the 1945 Constitution amendment. Given the court’s crucial role in upholding constitutionalism, the exclusion of constitutional judges from oversight mechanisms is untenable. The Judicial Commission emerges as the most suitable body for external supervision, yet prior legislative efforts to integrate constitutional judges under its purview have been invalidated by the Constitutional Court. To rectify this, the study recommends amending Article 24B paragraph (1) of the 1945 Constitution to explicitly include "Constitutional Judges." This amendment is essential to ensure that all judges, including constitutional judges, are subject to the same level of external scrutiny. Ultimately, this research contributes to the broader discourse on judicial independence and accountability, offering actionable recommendations to strengthen oversight institutions and foster a more resilient judiciary in both Indonesia and South Korea.
Indonesia’s New Penal Code: Harmonizing with Global Justice or Defying International Norms? Arifin, Ridwan; Alkadri, Riska; Smith, Robert Brian; Smith, Nucharee Nuchkoom; Wahyudin, Wahyudin
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.v8i1.14271

Abstract

This study critically examines Indonesia's new penal code through the lens of international legal norms, exploring whether it genuinely embodies the principles of global justice. Despite the code's ambitious reforms aimed at modernizing Indonesia's legal framework, our analysis reveals significant gaps between its provisions and internationally accepted standards, particularly in areas such as human rights, due process, and equality before the law. The urgency of this research lies in Indonesia's important role in Southeast Asia, where legal frameworks can influence regional governance and human rights practices. Novelty arises from our comparative approach, juxtaposing Indonesia’s penal code against a backdrop of global legal norms while considering local cultural and societal contexts. This study uncovers how the interplay between domestic priorities and international expectations can lead to compromises that undermine the integrity of justice. Our findings contribute to the ongoing discourse on legal reform in emerging democracies, highlighting the challenges of aligning national legislation with international standards. By providing concrete recommendations for policy makers, legal practitioners, and civil society, this research emphasizes the need for a holistic approach to legal reform that respects both local values and global commitments. Ultimately, we argue that Indonesia's new penal code is not just a legal document but a reflection of its aspirations for justice, demanding scrutiny and ongoing dialogue to ensure it meets the standards of global justice in practice.
Decentralization and the Fulfilments of Children's Rights: Challenges and Opportunities for Local Government in Indonesia Hariyanto, Hariyanto; Meidina, Ahmad Rezy; Azizah, Mabarroh
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.v8i2.14373

Abstract

The commitment of local governments to protect children in areas such as education, violence, and discrimination is illustrated by Banyumas Regency's Local Regulation Number 1 of 2021, which addresses child protection. However, several challenges persist in its implementation. This study investigates the role of decentralization through local regulations related to child protection, employing normative legal research methods that include a regulatory approach, conceptual analysis, and case studies. The findings indicate that Banyumas Local Regulation No. 1 of 2021 establishes a strong legal framework that significantly protects children from discrimination, violence, and educational inequities. Nevertheless, implementation faces numerous obstacles, including inadequate inter-agency coordination, insufficient infrastructure, limited funding, and a lack of public awareness regarding the importance of protecting children's rights. This research proposes increasing funding allocations through the Regional Budget and recommends creating a collaborative forum that includes local governments, relevant agencies, schools, community organizations, and law enforcement to enhance policy coordination and action. Furthermore, the government is urged to improve community outreach regarding decentralized regulations that protect children. Ultimately, it is crucial to evaluate and refine existing policies to ensure the protection of minors' rights and to provide legal security and certainty.
Transformation and Effects of Human Rights Protection on Determining Corruption Suspects as a Pretrial Object under the Indonesian Criminal Justice System Suastuti, Eny; Haq, Lalu Muhammad Hayyanul; Harimurti, Yudi Widagdo; Yuherawan, Deni Setya Bagus
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.v8i2.14667

Abstract

This study explores the transformation of human rights understanding and legal enforcement within the Indonesian criminal justice system, focusing on expanding the scope of pre-trial elements. The debate centers around balancing citizens' rights to protection with the public’s demand for legal certainty under the Indonesian Criminal Code (KUHP). This research presents a coherent approach to address this dilemma, aiming to establish legal certainty and justice in line with Article 28 of Indonesia’s 1945 Constitution. The central legal issue is the lack of clarity and certainty in the determination of suspects, particularly in corruption cases, due to legal gaps in the Indonesian Criminal Procedure Code (KUHAP). This uncertainty prevents victim compensation and rehabilitation, making it impossible for victims to seek legal redress. The study argues for a review of Law No. 8 of 1981 to strengthen victim protection in such cases. Findings reveal the crucial role of human rights in reforming pre-trial procedures, notably the inclusion of suspect determination as a pre-trial element under Constitutional Court Decision No. 21/PUU-XII/2014. This shift ensures that suspects’ rights are safeguarded, especially in corruption cases, aligning with Indonesia's obligation to uphold human rights and minimize unjust detentions. The study’s contribution extends to both national and global contexts, offering insights into the importance of legal reforms that safeguard human rights while ensuring justice and legal certainty. It recommends that the government implement legal measures to provide compensation and rehabilitation for victims of wrongful corruption suspect determinations.
Decentralized Design of Dispute Resolution for Regional Head Elections in Indonesia Siboy, Ahmad
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.v8i2.14770

Abstract

The pattern of resolving disputes in regional head elections still adheres to a centralistic system or is carried out by institutions at the central level even though regional head elections are a regime of regional government not central government. This study aims to outline the urgency and challenges of decentralizing dispute resolution of regional elections. At the same time, an ideal design form for election dispute resolution with a decentralized model is also offered ranging from relief, competence to procedural law. This research uses a normative type of research with an approach to the provisions of laws and regulations, concepts, and cases. The centralization of electoral dispute resolution has implications for regime misalignment, making for a corrupt judicial process and requiring high accommodation costs. The antithesis to the centralization model of dispute resolution is through decentralization, which is an election dispute resolution that is tried at the regional level according to the location of the election so that there is a harmony of the regime model between the dispute resolution regime and the electoral regime. The decentralization model starts from the judicial institutions that stand at the regional level, their absolute and relative competence and procedural law starting from subjectum letis, objectum letis and verdicts.
Challenging Electoral Integrity: The Constitutionality of the 'Empty Box' Victory in the 2018 Makassar Mayoral Election Akbar, Muhammad; Maisa, Maisa
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.v8i2.16559

Abstract

Single-candidate regional elections have recently attracted significant attention, as previous regulations did not adequately address scenarios where fewer than two candidate pairs were running. The 2018 Makassar mayoral election, where the "Empty Box" (Kotak Kosong) emerged victorious against a single candidate, highlights a critical constitutional issue: whether such an outcome is consistent with the principles of democratic electoral integrity. In elections featuring only one candidate pair, the ballot contains two columns—one with the candidate's photo and name, and the other left blank. The constitutionality of allowing the "Empty Box" to win in such circumstances poses significant questions about the fairness of the electoral process and the safeguarding of citizens' constitutional rights. This research critically examines the legal implications of this electoral anomaly and explores the necessity for clear legislative frameworks governing single-candidate elections. The case offers important lessons for Indonesia’s political and electoral systems, emphasizing the need for constitutional and electoral reforms to protect citizens' rights—both the right to vote and the right to be elected—even when only one candidate is on the ballot. Furthermore, it underscores the urgency of political education for both political parties and the electorate to foster a more informed political culture. By analyzing the legal precedents, constitutional principles, and broader implications, this study contributes to the discourse on electoral reform, ensuring that Indonesia’s electoral system remains robust, fair, and reflective of democratic values.
Understanding the Dynamic of Fake Accounts to Combat Hoax Dissemination Umar, Wahyudi; Salim, Andi Agus; Rahman, Rofi Aulia
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.4283

Abstract

The prevalence of hoaxes in Indonesia is not a new phenomenon. Over the past three years, there has been a consistent increase in the dissemination of hoaxes across various platforms in the country. Furthermore, with the onset of the pandemic, the spread of hoaxes related to Covid-19 has become particularly rampant. In 2021 itself, the Ministry of Communications and Informatics identified and debunked a total of 723 hoaxes pertaining to Covid-19. This research paper aims to examine the current state of hoax dissemination in Indonesia and identify the key factors contributing to their spread. The study adopts a normative legal research approach, drawing on data derived from books, journals, relevant laws, and regulations. The findings reveal that social media platforms play a significant role in the proliferation of hoaxes throughout Indonesia. The presence of numerous anonymous or fake accounts facilitates the easy dissemination of hoaxes via social media. Moreover, the lack of due diligence in verifying and fact-checking information creates a loophole that allows hoaxes to circulate within the community. In order to address this issue effectively, it is crucial to implement measures that target the root causes of hoax dissemination. This includes the development of stricter regulations and enforcement mechanisms to combat the creation and spread of hoaxes, particularly on social media platforms. By comprehensively understanding the dynamics and factors influencing the spread of hoaxes in Indonesia, policymakers, law enforcement agencies, and the general public can work together to combat this pressing issue.
Modelling Shared Assets in Indonesia’s Forfeiture Bill: International Collaboration and Digital Networks Sujadmiko, Bayu; Rohaini, Rohaini; Otomo, Nobuhide; Setiawan, Ikhsan; Azizah, Nurul
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.10606

Abstract

Article 54, paragraph 3, of the UN Convention Against Corruption (UNCAC) encourages countries to implement efforts to confiscate assets resulting from crimes committed without a criminal conviction, often known as in rem. Indonesia is one of the countries that ratified the UNCAC with Law No. 7 of 2006. Further implementation of in rem forfeiture is outlined in the Asset Forfeiture Bill, which regulates the mechanism for in rem forfeiture of assets in detail. The bill also regulates asset sharing, previously only accommodated by Article 57 of Law No. 1 of 2006 concerning Mutual Assistance. Aside from being a solution to overcoming the cost of forfeiture, which tends to be large, asset sharing is also intended to prevent the interference of other forces that cause the forfeiture process not to run effectively. This mechanism also precludes different parties from sharing burdens and benefits (a win-win solution). Asset sharing is practiced in some countries, such as the United States, Switzerland, and Canada.
The Digital Transformation of Criminal Justice: A Comparative Examination of Indonesia’s E-Court System and Global Best Practices Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.14341

Abstract

In an era marked by the algorithmic mediation of human affairs, the pursuit of justice can no longer be disentangled from the architecture of digital systems that sustain it. The criminal justice system, long rooted in analog procedures and institutional inertia, faces an existential imperative: adapt or risk obsolescence. Within this context, digital transformation is not merely an administrative upgrade—it is a normative challenge to the principles of due process, transparency, and equality before the law. Indonesia’s hesitant transition toward e-criminal justice reveals a complex interplay of structural, legal, and epistemic limitations. This study aims to analyze the development of e-criminal justice in Indonesia by conducting a comparative assessment of successful digital judicial systems in the United States, the United Kingdom, and Singapore. Employing a normative legal research approach with a comparative legal method, this study examines primary and secondary legal sources to identify regulatory gaps, procedural challenges, and strategic solutions. The findings reveal that Indonesia’s legal framework remains insufficient in addressing key procedural safeguards, digital evidence authentication, and cybersecurity risks. Additionally, disparities in digital access, resistance from legal practitioners, and inadequate technological infrastructure hinder the effective implementation of e-criminal justice. Comparative analysis suggests that successful digital transformation requires a robust regulatory foundation, secure and interoperable digital platforms, structured judicial training programs, and policies ensuring digital inclusivity. To optimize its e-criminal justice framework, Indonesia must adopt a context-sensitive and adaptive strategy, balancing technological advancements with fundamental principles of procedural fairness and judicial integrity. Future research should explore the long-term impact of digitalization on judicial decision-making, the role of AI in legal processes, and the effectiveness of cybersecurity mechanisms in safeguarding judicial independence. This study contributes to the broader discourse on the intersection between technology and justice, providing recommendations for a sustainable and equitable digital transformation of Indonesia’s criminal justice system.

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