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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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Periscope of Ideas Selective Criteria for the Application of Restorative Justice in Corruption Crimes Wangga, Maria Silvya E.; Ahmad, Nadzriah; Puluhulawa, Jufryanto; Swarianata, Vifi
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.vol9i1.4530

Abstract

This article applies the theory of restorative justice to the analysis of state losses resulting from corrupt activities. This study employs socio-legal research, which is a type of normative legal research that is dependent on values and facts. The study's findings revealed that two (2) points of view are based on the fundamental notion that restorative justice can compensate the state for damages incurred through acts of corruption. First, in order to make up for the losses sustained by the state as a result of corrupt criminal acts, law enforcement must be centered around the idea of restorative justice. Secondly, the fact that the Constitutional Court's ruling Number 25-PUU-XIV-2016 eliminated the word "may" from Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 in combination with Law Number 31 Year 1999 for the Eradication of Corruption remains a reality. In order to ensure that substantive justice in the application of restorative justice does not clash with current laws and regulations and is administered with chosen criteria, the A quo ruling nullifies Article 4 of the Corruption Crime Eradication Law.
The Conundrum to Wear Religious Uniform in Indonesia: International Human Rights Law and Islamic Law Perspective Sefriani, Sefriani; Putro, Yaries Mahardika; Putra, Jaya Indra Santoso; Monteiro, Seguito
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.vol9i1.4532

Abstract

This study aims to analyze the annulment of the Joint 3 (three) Ministerial Decree concerning School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court and to examine the Supreme Court’s decision under international human rights law and Islamic law. In the annulment of the Joint 3 (Three) Ministerial Decree on School Uniforms for Students, Educators, and School Personnel by the Indonesian Supreme Court, the legal reasoning follows a meticulous analysis rooted in normative legal research. The study employs statutory, conceptual, and comparative approach to unravel the complexities surrounding the decree. Through the descriptive analysis, it is established that the decree runs afoul of the educational values enshrined in the National Education System Act, particularly the imperative to foster religious spiritual strength in students. Moreover, the National Education System Act also mandated that the Indonesian National Education must also be rooted in religious values. The Supreme Court’s decision to annul the Joint 3 (Three) Ministerial Decrees grounded in the rationale that the decree conflicts with the higher law, specifically the National Education System Act. The annulment also aligns with international human rights law and the values of Islamic law. Indonesia has a margin of appreciation in the regulation of religious freedom as practiced in the European Court of Human Rights, adjusting to the condition that Indonesia is not a secular country but also not a religious country. Indonesia is based on Belief in the one and only God and upholds pluralism.
The Duality of Administrative and Communicative Powers in Legislative Drafting: Evidence from East Java Bagijo, Himawan Estu; Siboy, Ahmad; Al-Fatih, Sholahuddin; Affan, Mohammad
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.vol9i1.4533

Abstract

The classical legal concept within executive and legislative scopes is no longer adequate to help understand the strategic measures taken by the Provincial Government of East Java and the potential of communicative actions of the DPRD of the Province of East Java. The making of autonomous regulations tends to be exclusive and overlooks the involvement of the public as the origin from which the procedures of legislative drafting began. The legal thought introduced by Habermas came as a solution to legislation-related issues, but it seems to be accepted only by the dialogue between legislators and the executive body. This article aims at analyzing the interaction that takes place between discourse theory and the duality of administrative and communicative powers by Habermas relating to the strategic measures taken by the Provincial Government of East Java. A normative-juridical method was used, involving the literature study of legal concepts and the data revealing the performance of the Legal Bureau of the Provincial Government of East Jav a. Communicative measures exist in the construction of autonomous regulations while facilitating measures and evaluations of autonomous regulations set by the regency or municipality represent a strategic example.
Cracking the Code: Investigating the Hunt for Crypto Assets in Money Laundering Cases in Indonesia Nelson, Febby Mutiara; Prosperiani, Maria Dianita; Ramadhan, Choky Risda; Andini, Priska Putri
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.vol9i1.4534

Abstract

This study aimed to investigate the use of digital information and communication technology in the form of crypto assets as proceeds of crime in money laundering action, due to the multi-layered security of the blockchain. This phenomenon was presented on a global scale in transnational crimes, providing challenges for Indonesian law enforcement officials in hunting the crypto assets scattered outside its legal jurisdiction. The results showed that Police Investigators and General Prosecutors utilizing penal and non-penal approaches in performing the crypto assets tracing, seizing and recovering, which shows the importance of maintaining formal and informal cooperation with other countries through the Financial Intelligence Units (FIUs) and Interpol, besides developing domestic regulations in controlling the crypto assets physical trading. Due to legal uncertainty of storing and releasing crypto assets, the investigators and the prosecutors faced disagreement in determine the procedures, which then affected the asset recovery process of Indra Kesuma case. This study proposed potential models for effective management on confiscated crypto assets that law enforcement officials could adopt in recovering these assets such as seizure orders, confiscation orders, and pre-confiscation sale. This was a legal study conducted by collecting data through literature reviews and interviews.
Juridical Consequences of Anticipatory Breach as a Form of Breach of a Contract Sulistianingsih, Dewi; Wijaya, Christian Chandra; Yusoff, Rahmawati Mohd; Adhi, Yuli Prasetyo
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.vol9i1.4537

Abstract

Default is a condition in which one of the parties does not carry out or fulfill obligations to the other party as specified in an agreement. In addition, there are several forms of default: not doing something at all, doing something but it is too late, doing something only partially, and doing something prohibited. The concept, the forms, and the consequences of default are often encountered in various literature and legal experts' opinions, unlike the concept of Anticipatory Breach, which is a form of breach of contract/default that exists universally in contract law. In Indonesia, no positive legal provisions accommodate the Anticipatory Breach concept in the form of default. Its nonexistence becomes interesting from the point of view of contract law, where sometimes the parties to the agreement directly or indirectly commit a form of anticipatory breach in implementing the agreement. So that this will raise a question how the impact of an anticipatory breach on the sustainability and implementation of the agreement that the parties have made.
Has Women's Participation in Local Government Been Strengthened? A Legal and Political Analysis in Riau Province? Firdaus, Emilda; Artina, Dessy; Rauf, Muhammad A; Separen, Separen; Wijaya, Tommy Tanu
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.vol9i1.4540

Abstract

This research delves into the critical role of women within the Village Consultative Body in Siak, Indonesia, with the aim of bolstering their involvement in local community empowerment endeavors. Employing a comprehensive sociological-legal research approach and drawing from a diverse array of data sources—ranging from primary field research to secondary and tertiary literature—the study offers profound insights into the multifaceted dynamics of women's roles within these bodies. Despite strides made in recent years towards gender equality, the study reveals persistent limitations hindering women's full participation in the Village Consultative Body. Cultural norms, deeply ingrained in societal structures, often perpetuate traditional gender roles, constraining women's agency in decision-making processes. Additionally, disparities in education levels and limited access to resources further marginalize women's involvement. However, amidst these challenges, the study illuminates the invaluable contributions of women to community development within the Village Consultative Body. Their participation not only brings diverse perspectives to the decision-making table but also fosters the development of better human resources within the community. In light of these findings, the study advocates for concerted efforts to bolster women's engagement in local governance structures. This includes initiatives aimed at challenging and reshaping entrenched cultural norms that inhibit women's agency, as well as addressing systemic barriers to education and resource access. Furthermore, recognizing the vital role of women in community development, the study underscores the need for targeted interventions to support and empower women within the Village Consultative Body. In conclusion, the research underscores the imperative of addressing the multifaceted challenges faced by women in their pursuit of equality and active participation in local developmental processes. By fostering an environment that values and amplifies women's voices and contributions, local governance structures can become more inclusive, responsive, and effective in addressing the diverse needs of their communities.
Restorative Justice in Corporate Dispute Resolution as Business Actor in Indonesia Abubakar, Lastuti; Afriana, Anita; Rajamanickam, Ramalinggam; Fakhirah, Efa Laela
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.vol9i1.4573

Abstract

Indonesian limited liability company (Perseroan Terbatas or "PT") is a preferable entity selected by business actors in conducting activities. In this context, the characteristics of PT grant persona standi in judicio, as a legal subject capable of initiating and defending lawsuits in civil and criminal courts under Law No. 40 of 2007. Therefore, this article aimed to discuss the implementation of corporate accountability in the context of PT, and the potential for restorative justice in resolving disputes, relying on secondary sources such as theories, norms, and legal principles. The results show that 1) the application of restorative justice is consistent with the corporate entity's existence to maintain business continuity while upholding accountability as a legal subject, 2) Restorative Justice, centered on fundamental elements of encounter, repair, and transform, represents an effort towards the well-being and integrity of victims, perpetrators, and society. The method enhances legal certainty and protection for parties in PT-related business activities.
Sole Custody and The Implication of Fault-based Divorce Under the Indonesian Legal System Hartini, Hartini; Ilhami, Haniah; Yusoff, Rahmawati Mohd
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.vol9i1.4576

Abstract

This study analyses the reasons why most judges in Indonesia’s religious courts tend to rule in favour of the sole custody model over the joint custody model following a divorce, even though the state, through the Child Protection Act, has enacted regulations emphasizing the granting of child custody using the joint custody model. This study is an evaluative review of the dominant sole custody model decided in the Religious Court concerning the Indonesian divorce law system, which emphasizes that divorce must be filed for a reason. The study results show that the divorce law requiring divorce to be accompanied by a reason and adopted by the Religious Court makes Indonesia a country that adopts a fault-based divorce system. This impacts the contestation and efforts of one party to find fault with the other party through the proof process in the Religious Court. Furthermore, to show that one party is better and more moral, there is a struggle for child custody rights while affirming the presumption that the party winning child custody is the better and more moral party. This means that child custody is always given to one party, not to both parties. The Religious Court needs to consider the use of a no-fault divorce system for several reasons: (1) Islamic jurisprudence recognizes no-fault divorce, namely, divorce with khuluk (khul’), and (2) efforts not to defame the couple in court are more in line with Islamic teachings.
Why Should the Role of the House of Representatives in Monitoring and Review Local Regulations Be Strengthened? Syam, Fauzi; Helmi, Helmi; Nuriyatman, Eko; Rahardja, Ivan Fauzani; Saputra , Benny
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.vol9i1.4578

Abstract

The enactment of Law No. 15 of 2019, which established the Post-Legislative Scrutiny (PLS) institution, marked a pivotal shift in the formation of laws and regulations (PUU) in Indonesia. This legislation ushered in a comprehensive cycle for PPU, fundamentally altering the landscape of legislative processes. Despite this progress, a prevailing assumption persists that the PLS mechanism is solely within the purview of the People's Representative Council (DPR) concerning national laws, while oversight of Regional Regulations (Perda) falls under the authority of the Regional People's Representative Council (DPRD), with limited discourse on the latter's role in academic circles. This study endeavors to elucidate the theoretical underpinnings of PLS within international parliamentary frameworks, analyze the regulatory framework of PLS Perda as delineated in Law No. 23/2014 and PP No. 12/2018, scrutinize its implementation in Provincial DPRD Rules of Procedure, and advocate for bolstering the DPRD's role in conducting PLS Perda. Findings reveal a lexicon of PLS terminology within Indonesian legislative context, alongside a bifurcation of PLS Perda oversight between the DPD and DPRD. Alarmingly, a staggering majority (93.10%) of Provincial DPRDs nationwide have yet to formalize PLS procedures in their Rules of Procedure, with only the DIY Provincial DPRD demonstrating comprehensive implementation among the 34 surveyed. The imperatives for empowering DPRD's Bapemperda include evaluating Regional Regulations' efficacy, fostering legal coherence, preempting discriminatory legislation, enhancing legislative quality through experiential learning, and resolving the institutional dualism between DPD and DPRD in PLS Perda oversight. These measures not only fortify legislative processes but also mitigate jurisdictional ambiguities, ensuring robust governance at both national and regional levels.
Enhancing SDGs Desa Implementation for Human Right Fulfillment in Banyumas Regency: An Empirical Judicial Analysis Ardhanariswari, Riris; Azzahro, Fathimah; Fauzan, Muhammad; Fadzil, Rozlinda Mohamed; Hariyanto, Hariyanto
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.vol9i1.4581

Abstract

Sustainable Development Goals Desa (SDGs Desa) are integrated efforts of village development to accelerate the achievement of sustainable development goals. Since 2021, the village government in Banyumas Regency has implemented SDGs Desa program with an achievement score of 46.94. Therefore, this study aimed to determine the implementation of SDGs Desa and increase the achievement of the program by optimizing the role of experts to fulfill human rights in Banyumas Regency. An empirical juridical method was adopted using primary data in the form of FGDs, interviews, questionnaires, and documentation studies. Furthermore, FGD was conducted with representatives of officials from 49 villages and the data was in the form of primary, secondary, and tertiary legal materials. The results showed that the SDGs Desa program was implemented in line with the village even though there were obstacles in the data collection process. These comprised server errors, and inadequate internet network conditions, including village government knowledge related to minimal system use. Conceptually, this program has similarities with the Saansad Adarsh Gram Yojana (SAGY) program in India. Future studies could be performed because the regulations regarding villages and their derivatives regulated SDGs Desa including planning, implementation, and development mechanisms. Expert assistance was also important for increasing community participation and optimizing budget allocation to harness income sources and realize their full potential.

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