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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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Reconstruction of Intersection the Customary Court and State Criminal Court for Indigenous Communities in Papua Suhariyanto, Budi; Mulyadi, Lilik; Afandi, Fachrizal; Muhammad S.R.P., Sri Gilang
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.v9i2.19155

Abstract

The Law on Special Autonomy for Papua Province grants the Customary Court the authority to adjudicate criminal cases involving indigenous Papuans. Parties dissatisfied with the decisions of the Customary Court may appeal to the State Court. However, conflicts arise when the formal criminal justice system intervenes before the customary resolution process is completed, creating jurisdictional clashes. This raises the question of how to harmonize the relationship between these two judicial systems in a manner that fosters accommodation rather than resistance. This study employs both document analysis and field research, including interviews with law enforcement officials, judges, academics, and traditional leaders in Jayapura and Manokwari. The findings reveal that the intersection between the Customary Court and the State Court is inevitable, as the subject matter, object, and principles of criminal responsibility overlap between the two systems. To mitigate conflicts, a reconstruction of the interaction between Customary Courts and State Courts is essential, particularly in the adjudication of criminal cases involving customary law communities. Key strategies include fostering synergy and aligning perceptions between the apparatus of the Customary and State Courts. Additionally, the development of comprehensive guidelines for handling customary crime cases is crucial. Such guidelines would provide judges operating within Papua’s jurisdiction with a clear framework for considering customary law, thereby promoting integration and mutual respect between the two judicial systems. This approach aims to ensure that both customary and state legal traditions coexist harmoniously within the context of Papua’s special autonomy.
Strengthening Household Solid Waste Management in Sierra Leone: Lessons from South Korea and Indonesia Jalloh, Mohamed Yayah; Dahalan, Wan Siti Adibah Wan; Khalid, Rasyikah Md; Wulandari, Wulandari
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.v9i2.19156

Abstract

Household solid waste (HSW) generation and its illegal disposal pose significant challenges to Sierra Leone, leading to public health and environmental harm. While municipal by-laws are implemented to deal with HSW in Sierra Leone, existing literature shows significant inadequacies in these laws. This paper employs normative legal research to examine the relevant laws in Sierra Leone and their adequacy and discusses related laws in South Korea and Indonesia. The findings reveal significant areas for improvement in Sierra Leone's laws, regulations, and policies pertaining to HSW, such as the absence of specific provisions to address HSW and the non-binding nature of existing provisions. Observing the relevant laws and measures in South Korea and Indonesia could significantly improve Sierra Leone's waste laws, leading to better HSW minimization. The proposed measures include establishing clear and specific laws and regulations for HSW management, implementing stricter penalties for HSW violations, promoting public awareness and education on waste reduction and recycling, and providing incentives for waste reduction and recycling. By doing so, Sierra Leone can improve public health, protect the environment, and promote sustainable development.
Manipulation of Legal Regulations in Commodification of Organ Transplants: Indonesia Perspective Bakhtiar, Handar Subhandi; Maddussila, Samsu Alam
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.v9i2.19157

Abstract

Organ transplantation serves as a critical solution for patients in need of organ donors. However, the pressing demand for organs, coupled with donors' economic hardships, has raised concerns about organ transplants being conducted for commercial purposes. This study aims to analyze the legal framework governing organ transplantation and explore the practices observed within society. Using secondary data comprising legislation, scholarly articles, scientific research, and online news reports, this study identifies significant inconsistencies and potential ambiguities within the regulatory framework. Current legal provisions stipulate that organ transplants must be conducted solely for humanitarian purposes and explicitly prohibit commercialization. Yet, government regulations create a loophole by allowing donors to receive awards, which could be exploited for commercial gains. To prevent the commercialization of organ transplants, it is essential to ensure that the relationship between donors and recipients is based on familial or kinship ties. Such relationships foster the principles of voluntariness and altruism, which are central to ethically sound transplantation practices. Strengthening the legal framework to eliminate ambiguities and promoting public awareness about ethical transplantation practices are imperative steps to uphold the integrity of organ donation and transplantation. This study underscores the importance of aligning regulatory frameworks with ethical principles to address the challenges posed by commercialization while ensuring equitable access to life-saving organ transplants.
Rethinking Indonesian Constitutional Amendments: The Prospects and Perils of Judicial Review Nggilu, Novendri M.; Perwira, Indra; Abdurahman, Ali; Moha, Mohamad Rivaldi; Rachmaniar, Adelia
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.v9i2.19158

Abstract

This article aims to evaluate the constitutional design of Indonesia's regulatory review system, which is administered by two institutions with judicial power. It also looks into the various obstacles that will arise when judicial review of constitutional amendments is put into practice in Indonesia. Statutory approaches are used in this article. The outcome demonstrates that the Indonesian constitution contains unchangeable provisions and that there is experience with both formal and informal, unusual constitutional amendments. These factors require the establishment of a judicial review mechanism to supervise constitutional amendments carried out in accordance with custom and as stipulated in the constitution, as well as to maintain and preserve the basic identity and structure of the constitution in order to prevent pragmatic constitutional amendments from damaging, eliminating, or undermining it. Challenges that the Constitutional Court will confront in its role as a judicial implementing actor in reviewing constitutional amendments when they are implemented in Indonesia in the future include resistance that will arise from the People's Consultative Assembly, intervention, and intimidation by other branches of power towards the Constitutional Court, as well as defiance of the decisions of the Constitutional Court, especially regarding the unconstitutionality of constitutional amendments.
Legal Reconstruction of the Establishment of Places of Worship in Indonesia: A Legal-Political Analysis within the Framework of Land Use and Spatial Planning Law Suhadi, Suhadi; Muhtada, Dani; Amal, Andi Gazly Satrya
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.v9i2.19162

Abstract

The establishment of places of worship in Indonesia is a critical issue that intersects with legal and political concerns, yet the regulatory framework governing such establishments remains insufficiently codified. Currently, the guidelines for the establishment of places of worship are outlined in the Joint Regulation of the Minister of Religious Affairs and Minister of Home Affairs Number 9 and Number 8 of 2006 (PBM 2006). However, these regulations are not formal laws and fail to provide adequate legal guarantees and protection for all citizens to practice their religion freely. This study uses a normative juridical approach, employing legal, historical, and conceptual methods to argue that the regulations surrounding the construction of places of worship require a comprehensive legal reconstruction. The research analyzes the issue from a legal-political and land law perspective. From a political-legal viewpoint, it is clear that the PBM 2006 does not align with Indonesia's legal ideals. The regulation contains discriminatory provisions that contradict the principles of a unified state, social justice, democracy, and religious freedom. Places of worship are not only a necessity but also a fundamental expression of belief, guaranteed by the Indonesian Constitution. Therefore, regulations governing the construction of places of worship should be enacted as laws, rather than as ministerial regulations. The study concludes that a formal legal framework for the establishment of places of worship, in the form of a law, is urgently needed. Such a law would ensure equal protection for all citizens and foster social justice, thereby protecting the rights of Indonesia’s diverse population to worship in accordance with their beliefs.
Rebuilding Justice: Reimagining Housemaid Protection through the Lens of Human Rights Yetniwati, Yetniwati; Hartati, Hartati; Zulkarnain, Iskandar; Kunarti, Siti; Fatricia, Raja Sharah
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.v9i2.19172

Abstract

This paper aims to explain and evaluate the safeguarding of housemaids as a human rights issue, the types of legal safeguards available to them, and the establishment of oversight mechanisms governing the interaction between housemaids and their employers. The need for robust protection arises from the current absence of comprehensive legal frameworks in Indonesia to ensure their rights are upheld. In response, a Draft Bill concerning the Protection of Housemaids is under review as part of the 2023 National Legislation Program (Proglenas), and this paper aims to contribute to the legislative process. Using a normative juridical approach, the research finds that protecting housemaids is a critical step in fulfilling human rights, as acts of abuse and physical violence against them are severe violations. Legal safeguards for housemaids encompass preventive measures such as regulating recruitment processes, employment contracts, working hours, rest periods, leave, wages, overtime pay, and participation in health and work accident insurance programs. Additionally, employer-provided housing must meet health and safety standards. A human rights-based approach to managing work conditions is essential for fostering a harmonious relationship between housemaids and employers. Repressive protection includes mechanisms for resolving disputes, both through non-litigation and litigation methods. Effective legal oversight is vital, which can be conducted routinely by labor agencies and supplemented with online supervision tools, such as a complaint application. This application would allow housemaids and employers to submit complaints, integrated with supervisory staff at the labor department. The conclusion emphasizes that the legal protection of housemaids should be firmly rooted in human rights principles to ensure comprehensive and effective safeguards.
A Change of Circumstances and Contract Adjustment: Indonesian Law and Beyond Cahyono, Akhmad Budi; Pangaribuan, Togi Marolop Pradana; Raumanen, Vivika Dyatri
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.1592

Abstract

In the case of long-term contracts, parties might find it challenging to anticipate the relevant state of affairs that may affect the performance of the contract in the future or any change of circumstances. This paper argues that implementing a change of circumstances doctrine that allows the disadvantaged party to demand contract adjustment has been applied since long ago in Indonesia. This application is particularly evident when it comes to changes in currency. The principle of justice becomes the main consideration for the judges to make contract adjustments due to changes in circumstances. However, some court decisions accepted such requests for contract adjustment due to a change in circumstances, even though it was based on a force majeure defense. In order to provide legal certainty in the future, it is highly recommended that legislators separate the rules of force majeure from the rules of change of circumstances.
Parental Child Abduction In Indonesia: A Criminal Law Perspective Sofian, Ahmad; Yulia, Rena; Hendra, Rio; Setyawati, Melly; Capaldi, Mark P
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.1760

Abstract

This research examines parental conflicts that lead to "child abduction" within families and the criminal law aspects in Indonesia, including its differences from virtual child abduction.  It employed the normative method, utilizing a legal framework focusing on criminal law and child protection legislation. Comparative legal approaches were also utilized in the research. The novelty of this study lies in its exploration of resolutions through criminal law for parents who abduct their children without the consent of the other parent. The wrongful actions of a parent who abducts a child without consent include separating the child, restricting access to the other parent, and disrupting the child's normal development. Within the realm of criminal law, this act by a parent is not considered a criminal offense. Consequently, it cannot be reported to the police, and thus, the police cannot process such abduction reports. This leads to injustice, particularly when the abducting parent prevents the other parent from seeing their biological child. Ultimately, the best interests of the child are no longer prioritized and tend to be neglected. Additionally, in relation to child abduction, perpetrators also utilize digital technology to influence the child. The Indonesian law seems to have failed to protect children from wrongful actions or forced separation from their parents. Therefore, reforms in criminal law related to child protection are needed, particularly concerning cases where a parent abducts their child and separates them from the other parent.
Legal Policy of Green Investment: A Study of the Green Constitution and Fiqh Bi’ah towards Net Zero Emissions in Indonesia Lutfi, Mustafa; Supriyadi, Aditya Prastian; Nur, Asrul Ibrahim; Bahagiati, Kurniasih; Ramadhita, Ramadhita
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.3114

Abstract

There is an urgent need for a legal policy of green investment law to reduce gas emissions in Indonesia based on the perspective of the green constitution and Fiqh Bi'ah in the contemporary era. This urgency is parallel to the development of the global response to sustainable economic transformation to achieve net zero emissions by 2060. However, the green investment policy design has to hold a strategic position in Indonesia's positive law because it always remains partial. In other words, such a policy requires comprehensive examination based on the Green Constitution and Fiqh Bi'ah in constructing future national, legal, and political designs relevant to the net zero emission paradigm. This study employs a normative legal research method with philosophical, conceptual, historical, comparative, and statutory approaches. Primary, secondary, and tertiary legal sources were analysed using a qualitative juridical method. The findings indicate that the 1945 Constitution has constitutionally accommodated the principles of the Green Constitution, which align with Fiqh Bi’ah regarding sustainable environmental management as mandated by the Quran. This legal construction can be a strategic foundation for green investment policies based on net zero emissions to address climate change. The alignment between the Green Constitution and Fiqh Bi’ah strengthens green investment policies as a concrete step toward preserving the earth for the sustainability of future generations. Thus, integrating these two perspectives becomes a primary element in building a sustainable civilisation oriented towards environmental preservation.
Illicit Trade in Counterfeit Medicines: Challenges, Solutions, and a Case Study of Indonesia Khwaileh, Khaled; Kazić-Çakar, Ena
Journal of Indonesian Legal Studies Vol. 10 No. 1 (2025): Legal Transformation and Policy Challenges in Indonesia: Navigating Technology
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v10i1.3692

Abstract

This paper examines the challenges posed by the trafficking of counterfeit medicines, particularly in developing countries affected by conflicts and challenging regimes. Counterfeit medicines imitate legitimate products, posing severe health risks to unsuspecting consumers. Criminal networks thrive in areas with weak regulations, governance, and enforcement capacity, taking advantage of chaos and limited oversight. Factors like corruption, porous borders, and high medicine costs further contribute to the spread of this illegal trade. The role of international organizations, such as the World Trade Organization (WTO), World Health Organization (WHO) and INTERPOL, in combating this crime is highlighted, emphasizing the need to strengthen enforcement efforts and enhance global cooperation. To address this significant global health threat, strict penalties, international collaboration, and prioritizing public health are crucial components of an effective approach. One avenue of change is that the developing countries be allowed to manufacture generic drugs but the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and patent protections limits access to affordable medicines, hindering the production of generic drugs in poor countries. By ensuring access to affordable medicines, the international community can protect vulnerable populations and combat the trafficking of counterfeit medicines.

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