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ijals@mail.unnes.ac.id
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Journal Mail Official
ijals@mail.unnes.ac.id
Editorial Address
Sekaran, Kec. Gn. Pati, Kota Semarang, Jawa Tengah 50229
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Kota semarang,
Jawa tengah
INDONESIA
Indonesian Journal of Advocacy and Legal Services
ISSN : -     EISSN : 26862611     DOI : https://doi.org/10.15294/ijals
Core Subject : Social,
Indonesian Journal of Advocacy and Legal Services (Indonesian J. Advoc. Legal Serv.) is a double blind peer reviewed journal published by the Faculty of Law, Universitas Negeri Semarang. Indonesian J. Advoc. Legal Serv. published twice a year (biannual), every March and September and has been registered as Scientific Journal on LIPI with Special ISSN Number (ISSN Print 2686-2085, ISSN Online 2686-2611)
Articles 119 Documents
Who Will Advocate? The Impact of Decision 93/PUU-XX/2022 on Article 433 Civil Code Amendments for Disability Rights and Legal Protection Nugroho, Harry; Utari, Indah Sri; Irawaty, Irawaty; Nugroho, Satrio Sakti; Ezzerouali, Souad; Sanni, Tajudeen
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.22699

Abstract

The Constitutional Court of Indonesia’s Decision Number 93/PUU-XX/2022 marks a pivotal moment in disability rights by ruling that the terms “imbecile,” “mentally ill,” and “dark-eyed,” along with the word “must” in Article 433 of the Civil Code, are inconsistent with the 1945 Constitution. The Court replaced these derogatory terms with “persons with mental and/or intellectual disabilities” and revised “must” to “can,” signaling a shift toward a more rights-based approach. However, this legal amendment raises critical questions: Does it effectively balance guardianship proceedings with the rights and autonomy of persons with disabilities? And who will advocate for their protection and inclusion in the legal system? This study analyzes the decision’s implications, particularly its impact on the legal mechanisms available to individuals with mental and intellectual disabilities. Using a qualitative approach and a statutory analysis of the Civil Code, Law No. 8 of 2016 on Disability, Law No. 19 of 2011 on the Protection and Rights of Persons with Disabilities, and the Constitutional Court ruling, this research evaluates the extent to which the amendments align with international human rights standards, such as the UN Convention on the Rights of Persons with Disabilities (CRPD). By placing Indonesia’s legal reforms in the broader international debate on disability rights, this study highlights the urgency of stronger advocacy and legal safeguards to prevent continued marginalization. The findings contribute to discussions on legal capacity, guardianship, and human dignity, offering insights for policymakers, legal practitioners, and human rights advocates seeking to advance disability rights worldwide.
Literacy, Compliance, and Digital Legal Awareness: The Role of JDIH UNNES in Disseminating Legal Information Wulandari, Cahya; Sugianto, Sugianto; Putra, Anggyi Trisnawan; Emha, Zidney Ilma Fazaada; Hassan, Muhamad Sayuti
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.26600

Abstract

Public legal awareness is an important foundation in creating a fair and effective legal system. The low level of legal understanding is the main trigger for public non-compliance with the law. Therefore, legal literacy is a strategic key in shaping legal awareness. The novelty of this article discusses the urgency of legal literacy and compliance in realizing a law-aware society and highlights the role of JDIH UNNES as an important tool in disseminating legal information. The method used in this study is normative juridical. The results of this study show that legal literacy not only includes the ability to understand the content of the law, but also encourages proactive legal attitudes and behavior. JDIH UNNES has proven to play a strategic role in providing legal information that is easily accessible, accurate, and relevant so as to support information disclosure and public participation in law enforcement and encourage the development of a legal culture in Indonesia. Thus, strengthening legal literacy through means such as JDIH has practical implications in shaping a society that understands, obeys, and is aware of the law in a sustainable manner.
The Analysis of the Legal Protection of Ship's Crew in Sea Work Agreement in Indonesia Putra, Tegar Islami
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margi
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.29921

Abstract

This article aims to analyze the welfare of crew members in the context of legal protection, which is reviewed in more detail from the perspective of the implementation of the maritime employment agreement in Indonesia. This is based on the poor execution of marine employment agreements in Indonesia and should pay more attention to the welfare of crew members. This research will be prepared using normative juridical research (legal research), which is research focused on examining the application of rules or norms in positive law in Indonesia. The assessment process is carried out by analyzing several related regulations, namely the Commercial Code, Laws, Government Regulations, and Ministerial Regulations. The results show that the implementation of sea work agreements in Indonesia involves various parties, such as employers/ship agents, skippers, crew members, and harbourmaster as a means of fulfilling the rights and obligations of workers and employers. In the context of legal protection, crew members in Indonesia have the right to work protection in the form of welfare, occupational safety, and occupational health. In addition, crew members also have the right to salary, overtime pay, holiday pay, delegation pay, transportation costs and wages at the end of work in a sea work agreement.
Advocacy and Protection for Victims of Sexual Violence against Children: Insight from Indonesia's Experience Krismawati, Selviana; Pratiwi, Salsabila Yumna; Smith, Nucharee Nuchkoom; Smith, Robert Brian
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margi
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.29925

Abstract

This research conducts a comprehensive exploration of the nuanced dimensions surrounding the role and protection of victims of sexual violence against children in Indonesia, with a specific focus on Decision Number 28/Pid.Sus/2021/PN Bbs, employing a normative juridical methodology. The study aims to reveal legal intricacies in victim form and protection throughout the judicial proceedings outlined in Decision Number 28/Pid.Sus/2021/PN Bbs, utilizing secondary sources such as laws, regulations, books, legal journal articles, and media coverage. Employing a descriptive analytical approach, the research identifies two pivotal dimensions. Firstly, victims of sexual violence against children in Decision Number 28/Pid.Sus/2021/PN Bbs exhibit vulnerability, easily persuadable traits, and compromised mental and physical conditions. External factors, including determinants of life, personality, and education, further contribute to the complexity of their roles. Secondly, an exploration of victim protection within the decision reveals that not all legally stipulated safeguards are embraced, with the Witness and Victim Protection Agency (LPSK) providing no support due to a lack of initiative from the family or law enforcement officials. Despite this, non-juridical protections, particularly in health, were identified, such as post-mortem medical treatment. To enhance comprehensiveness, the study incorporates perspectives of advocacy and victim protection, critically examining the efficacy of advocacy initiatives and evaluating existing frameworks for both juridical and non-juridical protection. This comprehensive approach aims to provide a holistic understanding of challenges and opportunities in safeguarding victims of sexual violence against children within the context of Decision Number 28/Pid.Sus/2021/PN Bbs.
Prevention of Radicalism and Terrorism in Higher Education: Regulation and Implementation Saman, Moh; Aflah, Muhammad Hilmi Naufal; Febriyanti, Diyah Anggun; Afifah, Bayyinatun; Masyhar, Ali; Arifin, Ridwan
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 2 (2023): Discourse of Fair Law Enforcement and Advocacy: A Quest for Justice among Margi
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i2.29929

Abstract

The emergence of various cases of radicalism in universities is the responsibility of all parties. Various cases that occur in universities show that campuses in Indonesia are very vulnerable to being compiled by radical ideas and terrorism movements, even considered to have no clear curriculum direction in preventing radicalism and terrorism. This study aims to analyze three important things in the issue of radicalism and terrorism in universities, especially at Semarang State University, namely, first how radicalism prevention policies in universities (study at UNNES); second, how to implement policies to prevent radicalism and terrorism at UNNES; and third, how UNNES campus efforts to overcome students or lecturers exposed to radicalism and terrorism. The method used in this study is a mixed method that combines normative juridical research with empirical data in the field. The projected results of this study are in the form of real data regarding the implementation of religious freedom regulations on the UNNES campus. The output of this research is in the form of articles published in accredited national journals.
Blocked by Neoliberalism: A Glance at the Workers Movement’s Role in Achieving a Just Transition Syahwal, Syahwal
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.29930

Abstract

An effort to protect workers throughout an economic transition to a sustainable economy gave rise to the concept of a just transition. This is because the transition will have an effect on the employment in which workers are engaged. Based on this concept, this study examines Indonesia’s worker response to a just transition. Non-doctrinal research was used to conduct the study. This study shows that the question of a just transition is not now at the forefront of the workers movement in Indonesia. Neoliberalization of Indonesian labour law, nollen vollens, encourages the workers movement to continue concentrating on economic concerns, particularly those involving the fundamental rights of workers. Under these circumstances, Indonesia runs the risk of failing to accomplish a just transition, which would put workers in a ‘dark world’ while the economy moves towards a green economy.
Exploring Student Perspectives on Restorative Justice: A Case Study at the Public High School of Kefamenanu Manubulu, Isakh Benyamin; Tahu, Maria Filiana; Astariyani, Ni Luh Gede; Da Cruz, Rosino; Tuasikal, Ditha Fomora
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30559

Abstract

The exploration of Restorative Justice (RJ) in Indonesia's border areas, particularly within the context of North Central Timor High School, reveals intriguing insights into its implementation and reception among students. This study, employing an empirical legal research approach focused on statutory analysis, factual examination, and thoughtful analysis, sheds light on the evolving landscape of Indonesia's criminal justice system. Notably, the research highlights that while PERMENDIKBUD 46/23 initially adopts a distributive punishment framework, there exists a growing inclination towards adopting RJ principles. A significant proportion of students, constituting 55.50%, express strong support for the incorporation of RJ within the school environment. Moreover, a majority (51%) acknowledge the presence of RJ initiatives within their schools, emphasizing the gradual acceptance of this alternative approach. Furthermore, the findings underscore the importance of transparency in RJ practices, with 40% of students recognizing its significance. Additionally, a notable percentage (35.5%) of students endorse the application of RJ in addressing issues of sexual violence, signaling a potential avenue for addressing such sensitive matters within the school community. Crucially, a substantial proportion (43.33%) of students advocate for the active involvement of schools in facilitating the resolution of sexual violence cases through RJ processes. This underscores the pivotal role educational institutions can play in fostering a culture of accountability and restoration. Overall, the student perspectives elucidated in this research offer valuable insights into the feasibility and efficacy of RJ in addressing not only disciplinary matters but also complex issues like sexual violence within educational settings. As Indonesia continues to explore innovative approaches to justice, the embrace of RJ principles signifies a promising step towards fostering a more inclusive and restorative justice system.
Indonesia’s Settlement Procedure of Small Claims: A Proposal for the Implementation of Online Dispute Resolution Mubdi, Umar; Trikusrahayu, Martina
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30560

Abstract

This research primarily aims to investigate the opportunities for the internalized implementation of Online Dispute Resolution (ODR) within the judicial system for the settlement of small claims in Indonesia. Several positive features of ODR, such as its ease, speed, and cost-effectiveness, can serve as catalysts for the settlement of small claims. Currently, Article 6A of the Supreme Court Regulations No. 4 of 2019 concerning the Settlement Procedure of Small Claims (the Small Claims Regulation) also allows for the use of electronic case administration in accordance with relevant legislation. This study employs a normative juridical research approach with a qualitative descriptive analysis method. The data used consist of secondary data, including primary legal sources from various legislative regulations. Additionally, data from journal articles, reports, and other literature related to ODR and small claims are utilized. A comparative study with the United States is employed to gain insights into best practices for implementing ODR in small claims settlement. Subsequently, this research proposes several steps for the ODR process in resolving simple lawsuits, including case initiation, negotiation, mediation, and adjudication. Furthermore, it emphasizes the principles of ODR that need to be upheld, such as voluntariness, accountability, and impartiality. Ultimately, integrating technology into civil justice systems through ODR will enhance the effectiveness and accessibility of justice in resolving small claims.
Making Indonesia Sustainable: Shaping the Law to Reduce Digital Carbon Footprint Puteri, Dina Silvia
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30561

Abstract

In alignment with the commitments made under the Paris Agreement, Indonesia has pledged to significantly reduce its carbon emissions by 2030 as parts of its Enhanced National Determined Contribution (ENDC) within the Indonesia Emas 2045 (Golden Indonesia 2045) Program. However, while the focus has predominantly been on addressing physical carbon footprint, it’s imperative to also consider the burgeoning digital carbon footprint. As Southeast Asia, including Indonesia, faces heightened risks from climate change, exacerbated by the rapid expansion of the digital economic, the need to curb digital carbon emissions becomes increasingly urgent. This paper examines the regulatory landscape concerning digital carbon footprint in Indonesia and explores strategies to mitigate its impact. Through a combination of normative and comparative approaches, the research analyzed existing regulations and draws insights from international best practices. Key research questions include the current regulatory framework governing digital carbon footprint in Indonesia and potential measures to reduce it. The findings aim to inform policymakers and industry stakeholders on effective strategies for reducing digital carbon emissions. Ultimately, the output of this research will contribute to the development of regulations incentivizing businesses to adopt sustainable practices and produce Environmental, Social, and Governance (ESG) reports, thereby advancing Indonesia’s journey toward a greener and more sustainable future.
The Indonesian Government’s Dilemma in Repatriating Former ISIS Members: Balancing Advocacy, Citizenship Status, and Human Rights Puteri, Dina Silvia; Wahono, Denita Cahyanti; Firdaus, Rr. Jannatul; Nte, Ngboawaji Daniel; Windiahsari, Windiahsari
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 1 (2024): Advocacy in the Global Perspective: Social, Legal, and Political Insights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i1.30562

Abstract

Indonesian Government confronts a multifaceted challenge in repatriating former ISIS members, necessitating a delicate equilibrium between advocacy, citizenship status, and human rights principles. International conventions uphold the fundamental right to nationality, articulated in Article 15 of the Universal Declaration of Human Rights, yet over 500 former ISIS members from Indonesia remain stranded in Syria, having illegally departed and destroyed their official documentation. While several countries in Southeast Asia and Europe have undertaken repatriation efforts under rigorous conditions, Indonesia faces a quandary. These individuals do not qualify as People with Social Welfare Problems under domestic law, complicating their reintegration. This classification divergence conflicts with international obligations requiring nations to accept and restore nationality to their citizens, notwithstanding their affiliation with extremist groups not recognized as refugees by the UNHCR. This paper delves into the legal and humanitarian imperatives compelling Indonesia to address this issue. It examines international frameworks and national legislation to argue for the necessity of repatriation, while also exploring the preventive and repressive measures Indonesia employs. Balancing the imperative to safeguard human rights with national security concerns presents a formidable task, demanding a nuanced approach that ensures compliance with international standards while safeguarding domestic stability and security.

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