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INDONESIA
Indonesian Journal of Advocacy and Legal Services
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 26862611     DOI : https://doi.org/10.15294/ijals
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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)
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 119 Documents
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How Industrial Dispute Problems Are Resolved in Indonesia? A Book Review Penyelesaian Sengketa Hubungan Industrial, Ari Hermawan, UII Press, 142 Pages, ISBN 978-602-6215-56-7 Samuel, Gerald
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 1 (2020): Legal Protection in Broader Context in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i1.22894

Abstract

In the explanation of industrial relations, it was explained that there were three parties involved in it, including workers, employers and the government. Each component has a different function. The Government in Industrial Relations has the function of establishing policies, providing services, carrying out supervision and other matters relating to the neutrality of the workers and employers. Workers themselves have the function of carrying out work in accordance with obligations, order for the sake of sustainable production, advancing the company. Whereas employers within the scope of Industrial Relations have the function of creating partnerships, developing businesses, expanding employment opportunities, and providing workers' welfare openly.
How are the articles in compilation of Islamic law contrary to sharia in the books of fiqh? A Book Review Ahli Waris Pengganti, Pasal Waris Bermasalah dalam Kompilasi Hukum Islam (KHI), Ahmad Zarkasih, Rumah Fiqih Publishing, 79 Pages, ISBN XXX-XXXXXX-XXX Banjaransari, Ayu Putri Rainah Petung
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 1 (2020): Legal Protection in Broader Context in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i1.22895

Abstract

It is a book review of a book entitled Ahli Waris Pengganti, Pasal Waris Bermasalah dalam Kompilasi Hukum Islam that is written by Ahmad Zarkasih, Lc. It consists of 5 chapters and contains problematic inheritance articles in. It is published by Rumah Fiqih Publishing, which is located in Kuningan, South Jakarta. This book is the first print that was printed on August 22, 2019 yesterday. The purpose of the author regarding this writing is to give information about articles of troubled inheritance. As the main discussion, this writing discusses Article 185 in Compilation of Inheritance Law that contains materials of substitute heirs. It explains Article 173 and Article 194 (1) as a complement in examining that Article. It also gives argumens and criticals of thought of experts, especially Prof. Hazairin who triggered Article of troubled inheritance regarding this book entitled Hukum Waris Bilateral Menurut al-Quran.
Between the Protection and Humanity: The Implementation of Ultimum Remedium Principle in Immigration Cases Bahari, Alamsyah
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23015

Abstract

Global population mobility has an impact on legal aspects, especially in the case of immigration matters. Increased mobility of migration flows also has various impacts, not only positive but also negative impacts, for example changing the pattern of crime from domestic crime to transnational crime, from individual crime to group crime, from unorganized crime to organized (organized crime). Various administrative and criminal sanctions are applied to many immigration offenders. This paper examines in depth the application of the principle of ultimum remidium in criminal law for criminal acts of immigration in Indonesia. This study aims to find out and understand how the ultimum remedium principle is applied in Law Number 6 of 2011 concerning Immigration. In addition, this study also aims to find out and understand the factors that cause Immigration Officers to use Administrative Sanction Acts or Criminal sanctions in Law Number 6 of 2011 concerning Immigration, as well as to know and understand Immigration law enforcement practices in Law Number 6 of 2011 concerning Immigration in Indonesia. This research has confirmed and underlined that the application of administrative sanctions in the form of deportation and fines will complete the immigration legal process quickly, simply and at a modest cost and applying relatively high fines can benefit the country, hence the benchmarks for the principle of ultimum remedium can be applied in the Law Law No. 6 of 2011 concerning Immigration.
Legal Consequences of Official Appointment of Non-Government Civil Servants Head District: Case of Salahutu District, Central Maluku Regency Lainsamputty, Natanel
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23016

Abstract

The administration of the Negeri government in Salahutu Sub-district of Maluku District was in the middle of a government vacuum, so the provision of positions carried out in practice appointed the acting head of the Negeri government who was not a civil servant from the district / city environment. This issue is clearly in conflict with applicable laws and regulations. So this research aims to analyze the appointment of the acting head of the Negeri government that is not of civil servants and how the legal consequences. The concept of appointing an official to fill the government vacancy in the village or what is called by another name, is to carry out government functions related to public services and development, so that the civil servants are competent.
Legal Aid Institutions as a State Solution for the Poor in Getting Legal Protection Rochman, Auliya
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23017

Abstract

This study examines how the rules of the Legal Aid Institute in providing legal protection to the poor in Indonesia. As well as how the implementation of legal aid institutions in Indonesia in providing legal protection to the poor to examine the problem, the research methods used are; normative legal research methods with the statute approach, and the conceptual approach. The legal material collection technique used in this research is literature study. Research results confirm that poverty is one of the biggest problems in upholding human rights in obtaining legal assistance. The human rights approach is one of the basic principles of the government in serving people who are unable to overcome or provide legal protection in facing legal problems that are being faced either criminal, civil or state administration, so that the rights of the poor are not lost. Implementation of Providing Legal Aid is a law of social justice, where these values ​​include respecting the dignity and rights of individuals before the law, addressing the imbalance of power and legal injustice between the rich and the poor.
Authorized Failure: How is Company Status? Lasnita, Fiany Alifia; Utama, Muhamad Adji Rahardian
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23018

Abstract

The sense of the limited liability company is a legal entity to be able to run a business that has a capital consisting of a share, which its owners have lots of stock. Because it is composed of capital over shares that can be traded, and changes to the ownership of the company can be done without the need for a dissolution of a company. Limited liability company is a business entity and the magnitude of the capital company which are poured in a basic budget. The wealth of the company separate from the personal wealth of the owners of the company so that it can have its own treasures. Each person can have more than one stock which can be a proof of ownership of a company. The owner of the stock itself has a limited liability, i.e. as much as their shares. In the establishment of limited liability company also required permission and also some important documents that should be owned by a limited liability company to be its foundation.
Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption Lestari, Maryana; Adiyatma, Septhian Eka
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23019

Abstract

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society are legal countries. This research aims to analyze the discourse of class action lawsuit practices in Indonesian with comparing civil law system. The research also intended to illuminate the development civil law system practices in the context of class action practices. The research is doctrinal research with normative legal research. The research compared some legal theories concerning to class actions lawsuit in civil law system. The research highlighted and emphasized that the actions and deeds are led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovation that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. The research concluded that the class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law systems like Indonesia participate adopt this legal order.
Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23020

Abstract

Judicial corruption practices in Indonesia have been going on for long time. Even, according to the Transparency International survey (2007), the judiciary in Indonesia ranks the highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is a juricial-normative research which is using the statute approach and conceptual approach. From this research, it can be seen that, typically, corrupt practices have been initiated since the registration of the case, the establishment of the judges panel, summoning witnesses and experts, negotiating decisions and costs of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employers in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through a whistleblowing system. In this way, the public can monitor in real-time the trial process starting from registration litigation fees, the process of litigation until post-verification, officials and employers in the judiciary and the judges themselves.
The Geo-Politics for Preventing Human Trafficking in Indonesia: A Lesson Learn from Maritime State Ramadhan, Muhammad Pathan; Sulistyanti, Jihan Syahida
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23025

Abstract

In this modern era, the borders between one country and another began to disappear. The existence of this condition full of freedom facilitates the occurrence of human trafficking. Human trafficking is a very complex problem. Like Indonesia, along with the development of the times, the threat of human trafficking has increased. This paper is intended to analyze how Indonesia deals with Human Trafficking Cases? The paper analyzes the effort of government on multi-sectoral and implementation of laws and regulation on handling the case. The research uses doctrinal legal research with normative legal approach. The research highlighted and illuminated that the swift flow of globalization and the very strategic geographical conditions and with the vast sea area allows Indonesia as an area traversed by international human trafficking routes. To address this problem, for the sake of the safety and comfort of Indonesian citizens, it is necessary to apply a total and integrated problem-solving model, especially in the maritime field.
What are the forms of crimes against the Unitary State of the Republic of Indonesia in the Penal Code? A Book Review 'Kejahatan terhadap Negara Kesatuan Republik Indonesia', Adami Chazawi & Ardi Ferdian, Sinar Grafika, 186 Pages, ISBN 978-979-007-771-3 Lembang, Alviona Anggita Rante
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23027

Abstract

Criminal Acts against State Security in Chapter I of Book II of the Penal Code (KUHP), are criminal groups that protect the legal interests regarding national safety and security of the Unitary State of the Republic of Indonesia. The forms of crimes against state security, which are protected by the provisions of Chapter I of Book II, are fundamental legal interests of the life process of the state in Indonesia. From the condition of preserving legal interests is an important factor in efforts to bring the Indonesian people to a comfortable and peaceful, justice, and prosperous life which is the goal of establishing the Unitary State of the Republic of Indonesia in 1945. Since the Indonesian nation's independence and sovereignty, there have been repeated incidents of attacks and rape in the interests of the life law of the nation and state of the Republic of Indonesia., such as the first PKI rebellion (MUSO in Madiun 1948); Kartosuwiryo in West Java (1949); PRRI in Sumatra (1958); PERMESTA in Sulawesi (1957); RMS in Maluku (1950); the second betrayal of the PKI (30-S / PKI); and there is still no end to interference with the population of Papua by the Free Papua Separatists.Criminal Law in Chapter I of Book II of the Penal Code is a legal instrument as a preventive and repressive tool to fight and overcome rape / attacks on the interests of the national law, security and safety of the Republic of Indonesia.

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