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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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Corporate vs Community Head to Head: The Complexity of Land Tenure Conflict in Indonesia Hariri, Achmad; Prakasa, Satria Unggul Wicaksana; Arifin, Samsul; Efendi, Ahmad Bahrul; Asis, Asis
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23354

Abstract

At the end of 2018, residents replanted the land with thousands of banana trunks. In January 2019, Pakel residents were reported by P.T. Bumi Sari; the police summoned 11 residents. In 2020, residents established a command post and planted it for six months. However, in 2020 PT BUMI SARI said it had pocketed the latest Right to Cultivate, which entered some of the villages included in their Right to Cultivate (HGU.). However, a copy document is not owned by the head of the town and residents in Pakel village. This research is a field research or empirical legal research. This research is intended to analyze about the reclaiming reclaiming carried out by the Pakel community, whether it is justified. Futhermore, this research also analyze whether PT Bumi Sari's control of land in Pakel village is against the law. This research concluded that reclaiming by Pakel residents is the right of Pakel residents as with the purpose of the formation of the Basic Agrarian Law (UUPA), which is to bring prosperity, happiness, and justice to the State and the people, especially to the peasants. Right to Cultivate of PT Bumi Sari does not comply with the laws and regulations stipulated in the UUPA. and Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Rights.
The Impact of The Court Map in the Field of Advocacy Rushiti, Ana
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29821

Abstract

The rule of law operates in accordance with the law, focusing on the equality of citizens before the law and the prohibition of the arbitrary power of the executive (Government). Justice reform is a mechanism that made it possible for citizens to increase their trust in justice. Justice reform was a mechanism that we had not heard before and it is important in this paper to mention the causes and consequences of justice reform by balancing them to understand its positive and negative sides. Judicial reform has mostly affected judges and prosecutors, but also lawyers in court cases as well and the public had an important role to denounce any judge or prosecutor who had given court decisions in violation of the law but also cases of corruption of judges or prosecutors. In this paper it is very important to address two very important principles sanctioned by the European Convention on Human Rights. the second is a trial within a reasonable time by analyzing court decisions and the importance of respecting deadlines by the courts for a speedy and effective justice. A new innovation taken from the countries of the European Union was the new court map that does not brought a few debates in our country and how the new court map will affect the economy of Albanians given that Albania is a developing country.
Seeking Justice for Indonesian Children: The Juvenile Criminal Justice System in Indonesia in the Context of Criminal Justice Reform Pujiani, Resty Shelya; Aksan, Mutia Azizah; Sinta, Maya
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29823

Abstract

Children who are in contact with law in Indonesia have their own characteristics and handling procedures through the Juvenile Criminal Justice System. Through Law Number 11 of 2021 concerning the Juvenile Criminal Justice System, the state tries to be present to protect children's rights, even though children are perpetrators of crimes. Handling criminal cases against children is certainly different from handling cases against adults, the handling of children is special because it is also regulated in separate regulations. Understanding of the process of handling children's cases, of course, there may still be some in the community who do not understand or understand, so that sometimes it gives rise to various assessments, even more fatal if there is a misjudgment that the handling of children, especially children in legal conflicts 5 get special treatment and there are also those who think that children cannot be punished even though it is not that far, it's just that the handling process is specifically regulated. This study aims to analyze the concept of justice for children in the Indonesian Child Criminal Justice System within the framework of Criminal Justice Reform. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer the substance of justice contained in the Juvenile Criminal Justice System within the framework of criminal justice reform. The location of this research was specifically carried out in the city of Semarang, and several other cities as supporting material. Supporting data in this study were also obtained from various studies on the internet.
Implementation of Legal Protection for Child Victims of the Crime of Sexual Intercourse in terms of the Fulfillment of the Right to Restitution Mantali, Avelia Rahmah Y
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29825

Abstract

The fulfillment of the right of restitution against child victims of criminal acts is regulated in Article 71 letter d of Law Number 35 of 2014 concerning Child Protection. In order to make it easier for victims to get compensation without having to go through the usual civil lawsuit process, the state provides a way through merging cases of compensation claims to criminal cases regulated in Articles 98-101 of the Criminal Procedure Code. In fact, the fulfillment of the right of restitution as stated in the provisions has never been implemented. This study aims to analyze the implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right of restitution and find the formulation of the concept of legal protection which is expected to be able to provide legal protection through the fulfillment of the right of restitution in the future. This study uses a normative juridical research method, with a law approach and a case approach. The results of this study are: 1) Legal protection in the form of fulfilling victims' restitution rights, especially in the Gorontalo District Court in practice has not been implemented properly. This is because victims do not know their rights in Article 98 of the Criminal Procedure Code, and the lack of regulation and authority of law enforcement officers in determining the amount of immaterial losses. 2) In order to realize the optimal fulfillment of victims' restitution rights, the provisions regarding restitution in the Witness and Victim Protection Law should be stated in the Criminal Procedure Code so that there is a harmony of arrangements regarding the submission procedure and other provisions regarding restitution. The Draft Criminal Procedure Code must also contain coercive power for the defendant to pay compensation to the victim.
Increasing Public Understanding of the Prevention and Complaints of Fraudulent Investments Suprapti, Duhita Driyah; Fibrianti, Nurul; Maharani, Anggun Meinanda
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29829

Abstract

The many offers of high income make many people interested in investing. People's carelessness backfires on those who are victims of fraudulent investments. Illegal investment or more commonly known as a fraudulent investment is indeed carrying out investment activities that are not following existing regulations. The ease of access to information and the affordability of technology today has become the ground for illegal investment actors to look for victims. Investments that initially aim to obtain maximum income from existing capital in the future harm investors. In illegal assets, it is not only the activities that are not appropriate, but the completeness of the licensing documents for investment companies is also incomplete. Many types of activities resemble investments but are fake or illegal. The victims of this activity are not only a few. Even from all walks of life are victims of this irresponsible activity. This service is carried out by educating the public regarding complaints and assisting with illegal investments. This service will be carried out by providing investment training for the community in Kalipancur Village, especially for mothers and teenagers who are often the target of investment fraud. Such an approach is expected to provide validity of the results as a good outcome. This training is considered efficient and effective because the public understands and understands commercial transactions through the internet to increase their knowledge to increase their income and standard of living.
Legal Aspect on Indonesia Military-Industrial Complex to Strengthening Defence Industry Research and Clasterization in Building Independent Defence Industry in Indonesia Baiquni, Muhammad Iqbal; Rafikawati, Yulia Fajar; Indah, Wulan Saputri; Arifin, Ridwan; Nte, Ngboawaji Daniel
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29844

Abstract

Indonesia's bitter experience of the embargo became a hard slap and a reminder of the importance of the National Defense Industry in meeting the needs of the TNI's defense equipment and encouraging the quality of the TNI's performance in carrying out the territorial defense of the Republic of Indonesia. Over time the development of the National Defense Industry continues to grow and is supported by regulations at the level of the Law, namely Law no. 16 of 2012 concerning the Defense Industry in realizing the Independence of the National Defense Industry. However, over time the implementation of Law no. 16 of 2012 does not work properly, challenges and problems arise, there are two problems in the National Defense Industry, namely Research and Development (R&D) and Defense Clustering. In this paper, a deeper review of the complex defense industry uses the research method, namely normative juridical research with two approaches including the statute approach and the conceptual approach. The results of the research in this paper carry the Core Indonesia Military-Industrial Complex which supports the strengthening of Research by initiating the Concept of Feedback and Clustering of the Defense Industry by forming 7 Defense Industry Clusters which include Raw Material Industry, Production Industry, Assembly Industry, Production, Support Industry (Components, Spare Parts), Electronic Industry, Maintenance.
Advocacy on Combating Hunger: Political Will of the Kedunggebang Village Government to Implement Banyuwangi Tanggap Stunting Programs in 2022 Harris, Rahadyan Fajar; Wahyuni, Indria; Prihatiningtyas, Wilda
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.29845

Abstract

The imperative to expedite the reduction of stunting rates has emerged as a paramount policy goal, garnering unanimous support from local governments across Indonesia. Banyuwangi Regency, in its commitment to this cause, has introduced the Banyuwangi Tanggap Stunting (BTS) Program, an innovative initiative aimed at diminishing stunting prevalence. The success of this program hinges on the endorsement and proactive involvement of all village governments within Banyuwangi Regency. Crucially, the efficacy of such policies necessitates a foundation rooted in the Political Will of village governments to facilitate implementation. This study delves into the case of Kedunggebang Village, situated in the Tegaldlimo District, which has embarked on the BTS program through a collaborative, cross-sectoral approach and extensive community counseling efforts. The primary objective of this research is to elucidate the Political Will exhibited by the Kedunggebang village government in supporting the BTS initiative, while also examining the impediments encountered during its implementation. Employing qualitative descriptive methods and in-depth interviews, this research employs the Brinkerhoff Theory as an analytical framework. Notably, the study stands out as a multidisciplinary exploration, scrutinizing public health concerns through the lenses of public policy and government bureaucracy. The findings reveal a nuanced scenario where the Kedunggebang Village Government demonstrates a lower level of Political Will, yet exhibits the capacity to effectively implement the BTS program. Consequently, the study advocates for essential bureaucratic reforms, including the enactment of village regulations, the formulation of comprehensive village development plans, and the establishment of a dedicated task force to accelerate the reduction of stunting rates.
Rethinking Early Marriages in Indonesia: Advocating for Reform to Tackle Domestic Conflict, Violence, and Rights Infringements Utami, Ria Anggraeni; Pradityo, Randy; Karo, Lidia Br.; Karinda, Risna
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.29849

Abstract

The significance of establishing an age limit for marriage cannot be overstated, as marrying at a young age often leads to heightened domestic conflicts, encompassing instances of domestic violence and an increased likelihood of divorce. This study employs an empirical juridical research method, combining field research and library materials, to delve into the factors contributing to child marriages. The findings reveal various drivers of child marriages, notably rooted in economic hardships within families (poverty), parental-arranged marriages, influence from peer groups with a high prevalence of early marriages, cultural perspectives on marriage age, discontinued education, and instances of premarital sexual activities. The repercussions of child marriages extend beyond the act itself, jeopardizing fundamental rights that the young individuals may have otherwise enjoyed. This research underscores the vulnerability of several rights in the context of child marriages, including the right to education, the right to a sustainable livelihood, the right to holistic growth and development, and the right to live free from violence. The forms of violence stemming from child marriages are manifold, encompassing both physical and psychological abuse perpetrated by partners or individuals with familial ties, such as blood relations, marital bonds, and guardians residing in the household. Addressing these multifaceted factors is crucial for the protection and well-being of individuals ensnared in early marriages, paving the way for more informed policies and interventions.
Gender Based Violence in Higher Education: A Model of Protection and Law Enforcement Setiawan, Andry; Pangaribuan, Shalisha Danica; Chastine, Giovanni Helennia; Nurfebriyanti, Safa; Noviatantri, Shavia Hana
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.29851

Abstract

Gender-based violence is a phenomenon that is still encountered in academic environments, including at Semarang State University (UNNES). This study aims to analyze gender-based violence at UNNES from the point of view of international law, international conventions that have been ratified by Indonesia related to women's protection, and existing regulations and policies at UNNES related to this issue. The research method used is a juridical normative approach by collecting data through literature studies, document analysis, and interviews with related parties. The results showed that gender-based violence at UNNES includes various forms, including sexual harassment, gender discrimination, gender stereotypes, and policies that are not in favor of women. This research also revealed that UNNES has adopted several regulations and policies related to gender issues, but there is still a gap between existing policies and their implementation. In addition, international conventions that have been ratified by Indonesia are also an important basis in protecting women from gender-based violence in the academic environment. This research provides recommendations to UNNES to strengthen the implementation of existing regulations and policies related to gender issues, as well as increase awareness and understanding of gender-based violence to the entire UNNES academic community. In addition, this research is also expected to be a reference for researchers and policy makers in dealing with the issue of gender-based violence in the university environment and encourage the adoption of policies that favor the protection of women's rights.
Prevention of Theft with Aggravated Circumstances at Semarang City Rochmad, Rochmad; Bramasta, Raden Ariel Andro
Indonesian Journal of Advocacy and Legal Services Vol. 5 No. 1 (2023): Various Issues on Advocacy, Policy-Making, and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v5i1.29858

Abstract

The operational task of the police is a duty directly related to the community, and the benchmark for its success is the establishment of public trust in the Indonesian National Police (Polri). In the jurisdiction of the Semarang Metropolitan Police (Polrestabes Semarang), there is still a prevalence of aggravated theft crimes. Many people suffer losses due to the frequent occurrence of such criminal acts, including physical harm, economic losses, and psychological disturbances. The implementation of motor vehicle patrols by the Satuan Samapta (Security and Order Maintenance Unit) and the factors influencing the activities of the Satuan Samapta motor vehicle patrols in preventing aggravated theft crimes need to be optimized. Management theory, crime prevention theory, organizational resource theory, patrol concepts, and the concept of aggravated theft crimes are applied to enhance the effectiveness and efficiency of the Satuan Samapta motor vehicle patrol implementation. The Satuan Samapta patrols still face various obstacles from internal and external factors within the unit, thus requiring organizational resources to support the success of patrol implementation.

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