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Semarang State University Undergraduate Law and Society Review
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28078683     DOI : https://doi.org/10.15294/lsr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Semarang State University Undergraduate Law and Society Review (ISSN Print 2807-8225 ISSN Online 2807-8683) is a double-blind peer-reviewed law journal published by the Faculty of Law, Universitas Negeri Semarang every January and July (bi-annually) every year. This journal contains the results of contemporary legal research related to various aspects of the legal field with a multidisciplinary approach.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 73 Documents
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Sociolegal Analysis of the Rawa Pening Agrarian Conflict as an Effort to Legally Protect Land Rights Maharani, Febryana
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.26250

Abstract

Land is a fundamental asset that plays a vital role in supporting community welfare and livelihoods. In the Rawa Pening area, a significant agrarian conflict has arisen due to a lake revitalization project initiated by the government, involving the National Land Agency (BPN), the Indonesian National Armed Forces (TNI), and the Ministry of Public Works and Housing (PUPR). The project, aimed at flood and sediment control, has led to the displacement of farmers and fishermen, disrupting agricultural lands and residential areas. Despite possessing legal land certificates, residents claim that boundary markers placed for the project have encroached upon their property, indicating a lack of adequate legal protection. This study aims to analyze the legality of land acquisition procedures and their alignment with existing regulations. The research employs a normative and empirical juridical approach, combining legal document analysis and field interviews. The findings reveal that land acquisition was carried out with minimal community involvement, potentially violating procedural requirements and leading to legal uncertainty and possible human rights violations. The study identifies the need for a fair and transparent land acquisition process that respects property rights and provides legal certainty for affected communities. It concludes that stronger enforcement of agrarian laws and community participation are essential to resolving land conflicts and ensuring equitable development outcomes.
The Rights of Non-Landowner Communities in the National Strategic Project of Bener Dam (Case Study of Wadas Village, Purworejo, Central Java) Miswadi, Robin Krisna
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.26265

Abstract

Infrastructure development through the National Strategic Project (PSN) in Indonesia often presents challenges related to the protection of the rights of affected communities, especially non-landowner groups. This study examines the rights of affected communities involved in andesite mining activities in Wadas Village, Purworejo, as part of the Bener Dam construction, and evaluates the representation of non-landowner residents in the decision-making process. The research method employed is empirical juridical with normative and sociological approaches, including interviews with residents and analysis of relevant regulations. Findings indicate that although the legal framework regulates land rights, a healthy environment, and compensation, the implementation on the ground is often non-transparent and lacks substantive public participation, particularly for non-landowner residents who are socially and environmentally impacted. Conflicts and structural exclusion arise due to regulatory limitations that recognize only landowners as stakeholders. The study recommends revising land acquisition regulations, strengthening inclusive participation mechanisms, and implementing the Free, Prior, and Informed Consent (FPIC) principle to ensure social justice and sustainable development. This study contributes to the understanding of marginalized communities' rights in the context of national development and provides a policy basis for more equitable rights protection.
Analysis of the Effectiveness of Mediation by BPN in Land Dispute Resolution (Study in Klaten Regency) Maharani, Mutiara
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.26274

Abstract

Land is one of the natural resources that has a crucial role in supporting human survival. Human dependence on land is very high, both as residential land and as a source of livelihood. This article discusses the effectiveness of mediation conducted by the Klaten Regency National Land Agency (BPN) in resolving land disputes in the 2023-2024 period. This research uses an empirical juridical qualitative approach with primary data obtained through interviews with local BPN officials, as well as secondary data from legal literature and related regulations. The results show that the effectiveness of mediation conducted by the BPN is still low, with only 25% of cases successfully resolved. Factors causing mediation failure include the absence of the parties, egoism that inhibits compromise, and lack of legal understanding. The findings suggest that further efforts are needed to strengthen legal understanding, raise public awareness of the importance of peaceful resolution, and encourage active commitment from all parties involved in the dispute.
Analysis of Land Ownership Transfer to a Legal Entity Based on Tanah Grogot Court Decision No. 26/Pdt.G/2022/PN Tgt Shafiyah Nur Azizah
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.26849

Abstract

This study examines the implementation of land ownership transfer to a legal entity based on the Decision of the Tanah Grogot District Court Number 26/Pdt.G/2022/PN Tgt. The research focuses on the gap between the legal authority of the court ruling and its practical implementation. The research method uses an empirical juridical approach with data collection techniques including interviews, observations, and documentation. The findings reveal that the cooperative, as the plaintiff, faced both administrative and social obstacles such as the absence of authentic deeds, uncooperative defendants, weak interagency coordination, and technical issues at the Land Office. Although the court decision has permanent legal force, the land transfer process cannot proceed due to unfulfilled administrative requirements. As a solution, the cooperative filed for real execution and used the court ruling as a legal basis to apply for Building Use Rights (HGB) or Usage Rights (HP) over the land. This study recommends strengthening institutional coordination, imposing sanctions on non-compliant parties, and digitizing land records. Thus, the implementation of court rulings in land disputes can effectively ensure legal certainty and protection for legal entities.
The Urgency of Understanding the Age of Marriage To Realize The Quality Of Education For Cadests In Puguh, Boja, Kendal Latifiani, Dian; Widyawati, Anis; Muslikah; Seni Ira Maya Rasidah; Rahmawati Melati Sani; Choirul Fuad
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.27275

Abstract

Child marriage is marriage under the recommended age by law, namely 19 years. Kendal Regency is an area with a high child marriage rate. This is shown by the Kendal PA Statistics Data, 2022 requests for dispensation for marriage, namely 253 in 2021 and 348 in 2022. One of the areas with a high marriage rate is Boja District. The rise of child marriage in Boja District is caused by various factors, including the sophistication of technology, communication information, low economic level, and promiscuity. The methods used are the lecture method, and the question-and-answer method. Measurement of the level of understanding is carried out by pre test and post test. The results of the service revealed that the level of understanding of members of the Puguh Village Karang Taruna regarding child marriage was quite good, but in terms of the minimum age limit for marriage there were still many mistakes. If a child's education is forced to drop out of formal school, then the right treatment is to continue to non-formal school through the Independent Learning Activity Center (PKBM).
Justice Dilemma: Prison for Child Offenders or Recovery for Victims of Sexual Violence in Jepara? Purnomo, Didik
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.28425

Abstract

This research explores the dilemma of law enforcement in cases of sexual violence against children in Jepara. The study analyzes two conflicting perspectives: the imposition of prison sentences on child offenders and efforts for the recovery of victims. A normative research method is used through the analysis of regulations, particularly related to the Child Criminal Justice System Law, and the analysis of court decisions from the Jepara district court from 2019 to 2024. The results indicate the complexity in the application of law that considers aspects of juvenile punishment and victim protection. On one hand, there is a demand for justice from victims who want severe punishment for the perpetrators. On the other hand, there are concerns about the negative impact of detention on the perpetrator's child, who may need rehabilitation and guidance more. Research highlights the importance of a holistic and integrated approach in handling cases of sexual violence against children, which considers the interests of victims and restorative justice efforts for child perpetrators. This research provides policy recommendations that favor the recovery of victims and the rehabilitation of child perpetrators, as well as emphasizing the importance of synergy among related institutions in addressing cases of sexual violence against children in Jepara
Non-Penal Policy in Combating Love Scamming Qoiri, Mutmainah Nur; Ichsan, La Ode Muhammad
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.28463

Abstract

One of today’s contemporary forms of crime, love scamming, inflicts huge financial and psychological losses on victims. This crime is increasingly complicated because it involves emotional relationships that are difficult for victims to recognize as a form of fraud. This research aims to examine and implement non-punitive policies as a prevention strategy against love scamming. The method used is a normative-empirical approach, which combines the study of applicable law and direct observation of existing social phenomena. With a socio-legal approach, this research analyzes the social response to love scamming. The results show that love scamming is influenced by structural factors such as economic inequality and weak emotional self. The research shows that in carrying out their actions, the perpetrators deceive the victims and take advantage of the emotional weakness and vulnerability of the victims. Non-penal efforts considered strategic for victims include increasing self-awareness in social media interactions. Meanwhile, to minimize crime, stakeholders can provide maximum limits on registering accounts in the application and prohibit creating anonymous accounts without a clear identity. This research not only contributes to prevention efforts in general for social media account users but also specifically for vulnerable groups such as women who are easily manipulated emotionally, and children and parents who are struggling with the use of technology and are at higher risk of becoming victims of love scamming.
Environmental Criminal Law as a Tool for Ecological Protection: Interpreting the Constitution in the Context of Environmental Crimes Ramada, Diandra Preludio; Kamal, Ubaidillah; Utari, Indah Sri
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.30327

Abstract

This article comprehensively analyzes the Indonesian Constitution as a crucial foundation and solid bulwark for strengthening Environmental Criminal Law. Given the alarming global ecological crisis, characterized by massive deforestation, uncontrolled pollution, biodiversity loss, and excessive resource exploitation, reforming the criminal law framework to be adaptive, responsive, and progressive is urgent. This research firmly argues that the Constitution isn't just a general, declarative legal umbrella; it intrinsically embodies fundamental constitutional values and principles. These include every citizen's right to a good and healthy environment and the state's obligation to protect it, which must be actively interpreted, internalized, and expanded into all norms and practices of Environmental Criminal Law enforcement. Using a normative-juridical approach focused on analyzing legal texts, doctrines, and court decisions, this article systematically examines how in-depth constitutional interpretation and creative elaboration of principles can catalyze stronger, more comprehensive, and ecologically just environmental criminal regulations. The discussion identifies and critically analyzes structural and substantive weaknesses in current environmental criminal law enforcement, such as evidentiary challenges, weak sanctions, and limited scope of legal subjects. Furthermore, this article explores the Constitution's potential to legitimize overcoming these obstacles. This includes strengthening criminal sanctions for proportional deterrence, expanding the definition of environmental crimes to encompass new and complex ecological offenses, and enhancing more effective corporate accountability mechanisms. Ultimately, this article affirms that reforming and developing Environmental Criminal Law, firmly rooted in constitutional values and principles, is an absolute prerequisite for building a holistic and sustainable environmental protection system. This step is essential in preventing further ecological degradation, restoring the balance of nature, and effectively guaranteeing environmental rights for current and future generations.
The Executorial Role of the Administrative Court in Controlling Abuse and Restoring Trust Herlambang, Pratama Herry; Ramadhani, Suci; Chandra, Felisha
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.30657

Abstract

This article examines the role of the Administrative Court (PTUN) in judicial control over abuse of power (abusus potestatis) by administrative officials and its contribution to restoring public trust. Guided by Montesquieu's separation of powers and A.V. Dicey's rule of law, PTUN acts as a mechanism to correct administrative excesses. However, abuse of power remains prevalent in Indonesia. The PTUN's execution mechanism, including dwangsom (coercive fines), is vital in enforcing rulings. Despite the legal framework under Undang-Undang Nomor 5 Tahun 1986 dan Undang-Undang Nomor 51 Tahun 2009 PTUN faces challenges in enforcement due to resistance from officials and inadequate measures. This article explores how PTUN can improve its role by strengthening its execution mechanisms and institutional support. Using normative legal research, the study analyzes relevant laws and jurisprudence to evaluate the effectiveness of PTUN’s execution process and propose reforms to enhance its ability to protect citizens' rights and restore public trust.
The Essence of the Open Proportional System in the 2024 General Election in Central Java (Perspective of Law Number 7 of 2017) Rachman Kadir, La Ode Ibrah Haikal; Rodiyah, Rodiyah; Damayanti, Ratih
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.30753

Abstract

One of the main instruments for implementing democracy in Indonesia is the General Election (Pemilu), which serves to elect the President, the House of Representatives (DPR), the Regional Representative Council (DPD), and the Regional House of Representatives (DPRD). To elect members of the DPR, DPD, and DPRD, Indonesia adopts an open-list proportional representation system where candidates are elected based on the highest number of votes. This system offers significant advantages by ensuring more accurate political representation and proportional seat distribution, thereby valuing each vote. This article focuses on critically examining the application of the open-list proportional system in the 2024 DPRD election in Central Java. The research method used is a socio-legal approach with qualitative analysis, emphasizing the implementation of open proportionality in the second-level DPRD elections in Central Java. The findings reveal legal uncertainty in the Election Law, particularly in Article 426, which contains structural loopholes that undermine the core principles of open proportional representation and potentially harm the essence of democracy itself. This issue was evident in the 2024 DPRD election in Central Java, where manipulation of the people's choice through resignation or dismissal from party membership, along with formalistic judicial decisions, created a legal gap that was exploited to disregard legitimate votes. This not only invalidates the legitimacy of individual representatives but also raises serious questions about who truly holds sovereignty in determining the composition of the legislature.

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