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JILS (Journal of Indonesian Legal Studies)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25481592     DOI : https://doi.org/10.15294/jils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JILS (Journal of Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (Print ISSN 2548-1584, Online ISSN 2548-1592). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 62 Documents
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Artisanal Gold Mine Management Based on Ecological Justice in the Peulumat Mountains, South Aceh Suganda, Delfi; Mahmuddin, Mahmuddin; Huda, Muhammad Chairul; Ma’mun, Sukron
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.363

Abstract

Aceh represents one of the autonomous regions situated on the western frontier of Sumatra Island within the unitary structure of the Republic of Indonesia. Despite the abundance of natural resources in Aceh, a substantial portion still needs to be adequately managed systematically and in a contemporary manner. Among these resources are artisanal gold mines, where extraction processes rely on manual labor and limited tools. One such mining site is located in the Peulumat Mountains. The operation of this mine suffers from a dearth of technical expertise, primarily managed manually by the local community. However, the utilization of these natural resources should not be managed by entities that neglect ecological justice, which is crucial for fostering the sustainability of nature itself. This research investigates how laborers at the artisanal gold mine in Mount Peulumat navigate their operations to achieve ecological justice. This qualitative research employed a socio-legal approach and was conducted in the rural community of Gampong Gunong Rotan. This study finds a patron-client relationship in the management and allocation of mining proceeds. Two pivotal elements influencing the realization of ecological justice within the mining locale emerged: natural phenomena and a belief in divine principles. Locals perceive certain natural occurrences, such as the flooding of the mining wells, as an indication to cease gold extraction promptly. Furthermore, a prevailing belief dictates that extracted gold should not be solely for personal gain but shared with those in need, reflecting a commitment to divine values.
Enhancing Cross-Border Justice: Facilitating Asset Recovery from Corruption Between Indonesia and Australia Through Mutual Legal Assistance Setiyono, Joko; Quiko, Eduard; Putri, Andini Kusuma; Hartono, Darminto
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.877

Abstract

The level of corruption crimes that are committed in today's society is growing from year to year, and it is accompanied by other types of criminal activity, such as the concealment of assets that result from corruption in other countries. In order to eradicate a variety of crimes that have a transnational character, particularly corruption, one of the actions that can be made is to take assets that have been developed due to corruption in other countries. This can be done through Mutual Legal Assistance. Regulations about MLA have been enacted due to the passage of Law Number 1 of 2006, which discusses providing mutual assistance in criminal matters. Mutual Legal Assistance is considered to be the first stage of law enforcement, particularly in the process of recovering state assets that have been stolen as a result of corruption crimes. As a result, cooperation with other nations is required, such as the cooperation between Indonesia and Australia, which aims to return state assets that have been stolen due to corruption crimes hidden in Australia.
Comparative Analysis of Witness Protection Law in Indonesia, Malaysia, and Australia Arsawati, Ni Nyoman Juwita; Putri, Luh Putu Yeyen Karista; Wulandari, Ni Gusti Agung Ayu Mas Tri; Tajuddin, Hanifah Haydar Ali; Withnall, Eric Gordon
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.1498

Abstract

Witness protection is the cornerstone of an effective criminal justice system. Therefore, it is important to ensure the quality of witness protection law. This study uses normative method to compare witness protection law in Indonesia, Malaysia and Australia. The result shows several similarities and differences in 5 areas namely a) the subject of protection; b) selection process; c) rights and obligations of parties; d) institutional arrangement; and e) criminal sanctions. Each country has its own approach to regulate the witness protection. Indonesia is progressive in terms of giving special rights for 6 different categories of subject of protections. For instance, special right for compensation and restitution for victims of particular crimes. Indonesia also encourage justice collaborator to give evidence by promising leniency, parole or remission. Conversely, Australia explicitly clarify that the witness protection must not be interpreted as rewarding criminals. Unlike Indonesia, Malaysia and Australia grants equal rights for all witness. Despite such differences, these 3 countries have similarity in terms of the imposition of selection process to ensure the protection is prioritized for those who need it the most. The witness protection must be maintained to balance the interest of witness, accuse and the society. The goal is not to give excessive protection for witnesses, but to adjust the protection according to the limitation of resources and financial. Moreover, Indonesia should adopt the disclosure requirement as implemented in Malaysia and Australia to prevent the witness from using the program to circumvent his legal or financial obligations.
Reforming Digital Mapping Regulations for Preventing Spatial Planning Violations in Indonesia: A Lesson from Australia Widiatedja, I Gusti Ngurah Parikesit; Hosen, Nadirsyah; Yasa, Putu Gede Arya Sumerta; Arsika, I Made Budi; Shara, Made Cinthya Puspita
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.1782

Abstract

Digital maps of the detailed plans play a crucial role in enforcing spatial planning regulations, providing clarity on permissible areas and assisting authorities in ensuring adherence. Despite existing regulations, violations are common, notably in Bali's tourism sector. The Job Creation Law 2023 then mandates accessible digital map issuance for detailed plans, integrating them into online submission systems to enhance transparency. Nonetheless, challenges persist, with many plans awaiting conversion into maps, underscoring the ongoing need for procedural efficiency in Indonesia. In Australia, local governments oversee planning decisions, with state involvement in strategic planning, exemplified by Victoria's governance under the Planning and Environmental Act 1987. Planning schemes that contain digital maps, determine land use rules, often categorized into zones with various permit requirements. Victoria's adoption of the smart planning initiative aims to improve accessibility and engagement through user-friendly digital platforms. By looking at Australia’s practices, this paper finds that Indonesia should address regulatory, technical, and coordination challenges, alongside prioritizing public involvement and professional cooperation in order to enhance Indonesia's digital map issuance processes and promote more effective spatial planning governance.
Right-to-Repair, Product Durability and Obsolescence: A Legal Perspective Smith, Robert Brian; Smith, Nucharee Nuchkoom
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.1895

Abstract

There is a growing global consensus on the need to enhance product durability as a response to increasing concerns about waste and consumer rights. Modern equipment, including motor vehicles, farm and construction machinery, and consumer goods, has become more sophisticated, making repairs more complex and costly. Manufacturers often restrict access to repair manuals, software updates, and spare parts, or design products in ways that impede easy repair. This article examines the interconnected concepts of the right to repair, product durability, obsolescence, and consumer rights protection. The European Union (EU) has emerged as a leader in consumer protection initiatives, introducing comprehensive measures addressing the right to repair and product durability. These initiatives have been widely adopted, either fully or partially, by nations across the globe. This study analyzes the EU's key legislative and regulatory approaches, concluding that they are highly consumer-centric and provide a valuable framework for other jurisdictions. However, one critical area requiring further attention is product recycling. The article emphasizes that manufacturers, sellers, and recycling companies should be held accountable for managing their waste domestically, adhering to the highest workplace safety and environmental standards. Governments are encouraged to promote the reuse of products and establish systems that facilitate repair and reuse activities. Additionally, the authors advocate for an expanded research program to enable large-scale industrial recycling of consumer waste, ensuring a more sustainable and circular economy. This study highlights the importance of a holistic approach to addressing product durability and repairability, advancing global consumer and environmental interests.
Land Banking Policy (Critical Evaluation of the Economic and Social Rights of Traditional Legal Communities) Isnaeni, Diyan; Hamadi, Abdennour
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.2196

Abstract

The problem of land acquisition for customary communities is no longer a contemporary problem, but since massive development there has been a shift in the rights of indigenous communities in managing land. In principle, this has an impact on the property rights and economy of indigenous communities in using land as the most important natural resource in their communities. Therefore, land bank policies and schemes are the most comprehensive policies to protect the land rights of indigenous peoples. The objectives of this research are the concept of protecting land rights as economic property rights of indigenous peoples and policy determination. Land Banking Policy Implications and institutional schemes for implementing Land Banking for indigenous communities in Indonesia. This research is categorized as normative legal research with a philosophical and analytical approach, and analyzed using descriptive analytical methods. The research results show that land rights for indigenous peoples have not been explicitly recognized internationally and nationally, however, the contemporary development of economic ownership rights for customary land is starting to be recognized in several jurisprudence and interpretations. The implications of the land bank policy are carried out and begin with the classification of land objects and strengthening the policies and schemes of land bank institutions.
Kafala v. Human Rights Migrant Workers at the 2022 Qatar World Cup Gunawan, Yordan; Akbar, M. Fabian; Corral, Eva Ferrer
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.2601

Abstract

The research analyzes violations of human rights against immigrant workers at the 2022 Qatar World Cup. After receiving the privilege of hosting the 2022 World Cup, Qatar was faced with the problem of migrant workers, which has become a concern of the world community. Migrant workers who build infrastructure face discriminatory and exploitative treatment, and hundreds of migrant workers are found working on infrastructure development for the 2022 World Cup, where workers are affected by human rights violations by the companies where they work. The problem is due to the existence of the Kafala system, which is considered to be the root cause of all aspects of the migrant workforce in infrastructure development in Qatar through 2022. The research method used is normative legal research with a case approach. The results of the study show that the sponsorship kafala system implemented by Qatar only facilitates the occurrence of modern slavery through the exploitation of the rights of migrant workers. Therefore, the research examines Qatar's actions on human rights violations and the International Labour Organization (ILO) accountability in efforts to influence policies related to migrant workers in Qatar.
The Establishment of a Terrorist Prison: Insights from Indonesian Prison Officers’ Perspectives Suarda, I Gede Widhiana; Walters, Reece; Priambudi, Zaki
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.3481

Abstract

The increasing number of ‘terrorist prisoners’ in Indonesia has resulted in the establishment of a separate penal institution. This development is novel to Indonesian secure settings, and the perceptions of prison officers’ who work in these specialist prisons offer distinct practical insights into the efficacy of these correctional facilities. The present study provides innovative findings by exploring, for the first time, the perspectives of Indonesian prison officers working in specialist prisons for terrorist prisoners in Indonesia. This study conducted focus groups with Indonesian prison officers in Cipinang, Pasir Putih Nusakambangan, and Surabaya prisons. A qualitative content analysis was deployed that identified several themes for future policy decisions. These included, the establishment and ongoing administration of a special prison;, the need to improve data collection of terrorist inmates; the importance of partnerships with key stakeholders, and the centrality of review mechanisms to ensure that processes for prisoner selection, management, and release are optimised and enhanced to ensure future community safety and security.
The Evolution of Property Rights in Indonesia Salam, Syukron; Supardjo, Supardjo; Nurlinda, Ida
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.3538

Abstract

The article explains the emergence of property rights over land in Indonesia. Theoretically, the emergence of property rights in Java was deliberate. It is contrasts with the claim that spontaneous evolution of property rights . The article contributes to explaining the deliberate emergence of property rights in the case of the emergence of property rights to land in Java, Indonesia. The study is conducted by tracing the handover traces of land policy development from each period of power. The policy study begins in the period of feudalism where the concept of vorstendomain prevailed. During this period, awareness of property rights had not yet grown because the population considered the land to be the property of the king. Javanese colonialism and its land policy started the seedbed for the emergence of property rights over land. The Priangan system during the VOC started the realisation for the Javanese population about land ownership. Raffles' land-tax further solidified the awareness of land ownership rights. At this time, land distribution occurred to the local elite. The cultuure stelsel policy during Dutch colonialism had weakened land claims for Javanese people, because the workload that had to be borne was in accordance with the amount of cultivated land. Liberalism that grew in Europe had influenced changes in land policy in Java. In 1870, the Dutch colonial government issued the agrarisch wet which recognised land ownership rights for indigenous people in Java.
An ASEAN Transboundary Haze Court: Why Does it Matter and How is it Possible? Kusniati, Retno; Helmi, Helmi; Rapik, Mohamad; Permatasari, Bunga; Jaderojananont , Peerapon
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.4488

Abstract

As a form of state responsibility as required by the ASEAN Agreement Transboundary Haze Pollution (AATHP), Indonesia and Thailand have provided sanctions to be imposed to the perpetrators of the forest and land fires. However, the national laws or legal instruments on this matter work only domestically and fail to overcome the effect of the domestic forest and land fires which potentially produce transboundary haze pollution. This paper proposes that the ideas of soft law of the AATHP and the non-intervention of the ASEAN Way should be reconsidered in dealing with transboundary haze pollution and a special regional court has to be made as a central authority to impose sanction upon the perpetrators of forest and land fires that cause the transboundary haze pollution. Using a comparative case study, this article evaluates the state responsibility and the implementation of the AATHP ideas in Indonesia and Thailand and put forward the arguments and the possibilities for installing a special court for transboundary haze pollution. The results demonstrate that, due to its regional needs and institutional and legal norms, ASEAN needs a different model of regional court compared to Uni-European’s one.

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