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Indonesian State Law Review (ISLRev)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by Department of Administrative and Constitutional Law, Faculty of Law Universitas Negeri Semarang
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 82 Documents
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E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law Hafizh Daffa Setiawan; Mohammed Erhuma; Amarru Muftie Holish
Indonesian State Law Review Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.23143

Abstract

This study on the legitimacy mechanisms of electronic evidence within the State Administrative Procedure Law is intrinsically connected to Indonesia’s ongoing efforts to modernize its legal landscape. The acknowledgment of electronic information and documents as valid evidence aligns with Indonesia’s commitment to adapting its legal framework to the digital era. The legal issues explored within the context of the E-Court paradigm shift resonate with Indonesia's broader initiatives to enhance judicial efficiency and access to justice. As Indonesia grapples with the challenges of incorporating electronic evidence within its administrative procedures, the study sheds light on the specific hurdles faced within the Indonesian legal system. Regulatory complexities and resource constraints resonate with Indonesia’s broader struggle to harmonize its legal infrastructure with the demands of the digital age. Moreover, the study emphasizes the importance of a proportionate mechanism in addressing legitimacy concerns, aligning with Indonesia’s commitment to fostering a fair and balanced legal environment. The conclusion highlighting the critical role of the validation process reflects Indonesia’s dedication to ensuring the integrity and reliability of electronic evidence within the legal proceedings.
Comparative Analysis of Governmental Systems: Assessing Democracy in Indonesia’s Presidential System and France’s Semi-Presidential System Zainurohmah Zainurohmah; Emma Josephine
Indonesian State Law Review Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.23144

Abstract

This paper conducts a comprehensive comparative analysis of governmental systems to assess the democratic principles inherent in Indonesia's Presidential System and France's Semi-Presidential System. Employing a normative juridical research method with a statutory, conceptual, and comparative approach, the study unveils the distinct features of each system and their implications for democratic governance. The research reveals similarities and differences in power distribution, emphasizing the commonality of the trias politica concept in both countries, albeit with unique characteristics. Notably, the divergence lies in the roles of state leaders: Indonesia designates the president as both head of state and government, whereas in France, the president is the head of state, and the prime minister assumes the role of head of government. Through this analysis, the paper aims to contribute to the field of comparative constitutional law and deepen our understanding of how different governmental structures impact the democratic fabric of nations.
The Debate on the Grace Period in Appealing Cases Against the State Administrative Court Lamira Sekar Monica; Malik Akbar Mulki Rahman; Windiasari
Indonesian State Law Review Vol. 6 No. 1 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.23145

Abstract

This study delves into the nuanced discourse surrounding the grace period concerning appeals against decisions rendered by the State Administrative Court (Pengadilan Tata Usaha Negara, PTUN) in Indonesia. Against the backdrop of Indonesia’s evolving legal landscape and commitment to administrative justice, this research critically examines the existing grace period and its implications for litigants, judicial efficiency, and the broader pursuit of fairness. The study considers perspectives from legal scholars, practitioners, and policymakers within the Indonesian context, assessing the necessity and efficacy of the current grace period. Additionally, the research explores comparative legal frameworks, offering insights into how other jurisdictions navigate the delicate balance between finality in administrative decisions and ensuring access to justice. Through case studies and empirical analysis, the study evaluates the practical impact of the grace period on the Indonesian legal system. It aims to identify potential areas for improvement and inform discussions on legal reforms that align with Indonesia’s commitment to enhancing governance, rule of law, and the overall administration of justice. By engaging with Indonesia's unique administrative and legal challenges, this research contributes not only to the academic discourse but also holds practical implications for legal practitioners, policymakers, and stakeholders involved in shaping the country’s legal framework. Ultimately, the study aspires to be a catalyst for informed discussions and potential reforms that will strengthen the Indonesian State Administrative Court system, fostering a more equitable and efficient dispensation of administrative justice.
Inter-religious Marriage in Indonesia: Pros and Cons in the Administrative and Constitutional Law Adzkia Dzikro Romadhon; Adibah Bahori
Indonesian State Law Review Vol. 6 No. 2 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i2.23146

Abstract

Inter-religious marriage is a complex and multifaceted issue in Indonesia, a diverse nation with a majority Muslim population. This paper explores the legal landscape surrounding inter-religious marriages in Indonesia, focusing on both the administrative and constitutional dimensions. The study aims to analyze the advantages and disadvantages of the existing legal framework governing inter-religious marriages, shedding light on the implications for individuals, families, and society. The administrative aspects of inter-religious marriage involve the bureaucratic processes and legal requirements that couples must navigate to register their unions. This paper examines the administrative challenges faced by inter-religious couples, exploring issues such as documentation, consent, and the role of government institutions in facilitating or impeding such marriages. On the constitutional front, the study delves into the legal principles and rights enshrined in Indonesia's constitution that pertain to inter-religious marriages. The analysis considers the constitutional guarantees of religious freedom, equality, and non-discrimination, as well as potential conflicts with other constitutional provisions. The pros and cons of inter-religious marriages are discussed, considering the social, cultural, and economic implications for individuals and their communities. Positive aspects such as fostering social cohesion, cultural diversity, and personal freedom are contrasted with challenges like societal resistance, legal complexities, and potential impacts on children within these unions. Furthermore, the paper examines recent developments and debates surrounding legislative reforms related to inter-religious marriages in Indonesia. It evaluates the potential for legal changes to address existing challenges and enhance the protection of individual rights while respecting the diverse religious landscape of the nation. In conclusion, this paper offers a comprehensive analysis of inter-religious marriage in Indonesia, exploring both administrative and constitutional aspects. By presenting a nuanced understanding of the pros and cons, it contributes to the ongoing discourse on legal reforms and social attitudes towards inter-religious unions, aiming to promote a more inclusive and equitable legal framework for all citizens.
Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute Ary Muktian Syah; Pratama Herry Herlambang; Bayangsari Wedhatami; Chirstoverus Marco
Indonesian State Law Review Vol. 6 No. 2 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i2.23147

Abstract

This study provides an overview of the state administrative law dispute surrounding the granting of clemency to Antasari Azhar, a prominent figure involved in a high-profile legal case. The controversy stems from the exercise of executive power and the application of clemency within the framework of state administrative law. Antasari Azhar, a former Indonesian Corruption Eradication Commission (KPK) chairman, was convicted in a notable corruption case. Subsequently, his request for clemency sparked debates, legal challenges, and concerns about the integrity of the administrative process. This study delves into the legal dimensions of Antasari Azhar’s clemency case, examining the constitutional and administrative law aspects involved. Key issues include the discretionary powers of the executive in granting clemency, the potential influence of political considerations, and the adherence to legal procedures during the decision-making process. The research aims to shed light on the broader implications of this case for the rule of law, the separation of powers, and the accountability of public officials. Through a comprehensive analysis of relevant legal frameworks, court decisions, and scholarly perspectives, this study seeks to contribute to the understanding of the complex interplay between executive powers and the legal principles governing clemency in the context of state administrative law. Furthermore, it addresses the implications of such disputes for the overall legal and political landscape, emphasizing the importance of transparency, due process, and accountability in the exercise of executive clemency.
Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era) Andrean Al Ikhsan; Rachman Adi Wibowo
Indonesian State Law Review Vol. 6 No. 2 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i2.23148

Abstract

Amid the global upheaval caused by the Covid-19 pandemic, this study navigates the challenges presented by the perilous situation, focusing specifically on the transformation of legal proceedings. The pandemic, posing risks to public health, compelled the imposition of widespread restrictions, limiting various community activities and direct interactions. This shift had profound implications for the justice system, prompting a departure from the conventional practice of open and in-person court proceedings. In response to these unprecedented circumstances, the legal arena saw the emergence of online courts, commonly known as e-courts, as an alternative to traditional court setups. The study seeks to critically examine the effectiveness and legitimacy of e-courts during this tumultuous period. Utilizing a literature study method, the research delves into relevant books and literature, emphasizing the collection of data to assess the harmony between legal court proceedings and information technology in the context of the pandemic. The primary goal is to scrutinize the polemics and challenges surrounding the implementation of e-courts, particularly in the State Administrative Court. As the study unfolds, it reveals a nuanced perspective on the harmonization of legal courts and information technology during the Covid-19 pandemic. The discussion extends to the legitimacy of proof in e-court trials, with a specific focus on the State Administrative Court. The analysis underscores the necessity of maintaining a balance between conventional and electronic trial methods to ensure a comprehensive and reliable legal system. In addition, the research contends that despite the convenience offered by e-courts, doubts persist regarding the legitimacy of evidence presented in electronic trials, particularly in the administrative context. The findings contribute valuable insights that can inform future legislative efforts, guiding the harmonization of legal courts and information technology. Ultimately, the study aims to foster the development of a robust legal framework that addresses the polemics surrounding e-court trials, enhancing their legitimacy and efficacy in the ongoing and post-pandemic era.
The Legitimacy of Letters as Evidence in the E-Litigation Proof System within the State Administrative Court Shannon Rosemary Bernadika; Frederick Appiah Afriyie
Indonesian State Law Review Vol. 6 No. 2 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i2.23150

Abstract

This study delves into the legitimacy of employing letters as evidence within the E-Litigation Proof System at the State Administrative Court (PTUN) against the backdrop of the digital 4.0 era’s transformative influence. The Indonesian government's introduction of electronic justice (e-Litigation or e-Courts) marks a significant paradigm shift, fundamentally altering trial procedures at PTUN. Employing a juridical-normative research method with a qualitative nature, this investigation utilizes conceptual and historical approaches to scrutinize the implications of the e-Litigation system. Secondary data sources, encompassing regulations, literature, and relevant documents, form the basis for analyzing the profound changes in courtroom proceedings and their impact on validating documentary evidence. The findings underscore a pivotal transition from traditional to electronic trials, fostering the electronic submission and exchange of documents. However, the implementation of the e-Litigation evidentiary system has sparked discussions, particularly concerning the legitimacy and challenges associated with proving letters as evidence, particularly in the initial stages of the process. This exploration of the legitimacy of letters as evidence within the e-Litigation context contributes significantly to the ongoing discourse on the modernization of legal proceedings. It sheds light on the evolving nature of evidentiary practices in the digital age, specifically within the State Administrative Court. The study thus offers valuable insights into the intersection of technology and justice, providing a nuanced understanding of the complexities surrounding the utilization of electronic evidence in contemporary legal systems.
Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government Andrianantenaina Fanirintsoa Aime; PradistyaPurnama Aji
Indonesian State Law Review Vol. 6 No. 2 (2023): Indonesian State Law Review, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i2.23151

Abstract

The evolution of the State Administrative Court’s authority in adjudicating factual legal actions involving government entities represents a dynamic facet of administrative law. This paper aims to explore and interpret the nuanced expansion of the State Administrative Court’s jurisdiction in handling cases related to factual legal actions initiated by the government. Through an in-depth analysis of legal precedents, legislative developments, and judicial interpretations, the study navigates the evolving landscape of administrative law. The paper delineates the historical context and legal frameworks that have shaped the State Administrative Court's jurisdiction, emphasizing its pivotal role in ensuring governmental accountability. It investigates the implications of the broadened scope of authority on the court's adjudicative processes and the overall legal landscape. Furthermore, the research scrutinizes key cases to illustrate how the court’s expanded jurisdiction impacts the resolution of factual legal actions involving government entities. By examining the interplay between legislative intent, judicial reasoning, and practical implications, the paper provides insights into the complexities and challenges associated with this expanded mandate. The findings underscore the significance of a judicious balance between the State Administrative Court’s authority and the imperative to maintain government efficacy. Additionally, the paper contributes to the ongoing discourse on administrative law by offering a comprehensive interpretation of the expanding role of the State Administrative Court in the adjudication of factual legal actions initiated by the government. In conclusion, this paper enhances our understanding of the evolving dynamics within administrative law, shedding light on the implications and intricacies surrounding the State Administrative Court’s extended authority in addressing factual legal actions involving government entities.
Analisis Dampak Permintaan Naiknya Upah Minimum Terhadap Perekonomian, Hukum Dan Kesejahteraan Nasional Mentari Berliana Kemala Dewi
Indonesian State Law Review Vol. 2 No. 1 (2019): Indonesian State Law Review, October 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.23194

Abstract

The purpose of this article is to show the impact caused by the Minimum Wage on the National economy. approach used In avoiding the exploitation of labor in Indonesia, the government as the highest authority of the country, issues labor regulations. The regulation regulates the Minimum Wage that companies must pay to workers. The minimum wage is a safety device from the government to prevent the exploitation of Indonesian workers. However, many of the Indonesian workers are not aware that the application of the minimum wage is by the decent standard of living set by the government. They do a lot of prosecutions so that the minimum wage they get is always increasing. If analyzed, the demand for rising minimum wages will also harm the nation's economy. In other words, that the government policy regarding minimum wages, which had wanted to protect labor exploitation, if not implemented properly, would adversely affect the economic development of thecommunity.
Implementasi Sistem Alih Daya atau Outsourcing Dalam Mencapai Kesejahteraan Pekerja Indonesia Ditinjau Dari Undang-Undang Nomor 13 Tahun 2003 Julyatika Fitriyaningrum
Indonesian State Law Review Vol. 2 No. 1 (2019): Indonesian State Law Review, October 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v2i1.23196

Abstract

The purpose of this article is to examine the implementation of outsourcing systems in Indonesian labor law. In implementing this system there are differences, namely the implementation in the field and what is stated in the contents of the Act. So that in reality the implementation of labor law has not been able to create a harmonious relationship between workers or workers and employers and has not been able to improve the welfare of workers/laborers. Based on Article 66 of Law No. 13 of 2003 the implementation of the outsourcing system is only allowed if it does not involve the main activities (core business) or activities that are not directly related to the production process. These activities include cleaning service businesses, provision of food (catering), businesses of security personnel, the business of supporting services in mining and petroleum, as well as efforts to provide transportation for workers/laborers. The interpretation of outsourcing provided by the Act, in reality, is still very limited compared to the needs of the business world today. The rights that must be obtained by outsourcing employees are getting wages, overtime pay, getting leave rights, THR or holiday allowances, social security protection, and layoff compensation.

Page 7 of 9 | Total Record : 82

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