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Law Research Review Quarterly
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27163415     DOI : https://doi.org/10.15294/snh
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
The Law Research Review Quarterly has a history and rich vein of legal scholarship, especially for law student, combining distinct publication on the law of Indonesia, as well as Southeast Asia, and prominence within the Faculty of Law Universitas Negeri Semarang, with leading contributions to the discussion and shaping of law across the civil law world and further afield.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 156 Documents
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Addition of Funds by Merchants in Payments Through The QRIS from an Islamic Law Perspective Putri, Feiza Alevia
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28400

Abstract

The practice of adding funds for consumers who make transactions using QRIS is implemented by merchants to avoid profits from administrative fees or Merchant Discount Rates. The mechanism for disbursing funds from PJP to merchants and the form of additional funds are laden with elements of usury. Therefore, the objective of this study is to identify the financial management mechanisms for fund additions by merchants in QRIS payments and to analyze the legal implications of fund additions by merchants in QRIS payments from an Islamic legal perspective. The research method used is qualitative research with a legal-empirical approach. The data collected consists of primary and secondary data, with data collection techniques including literature review, interviews, observation, and documentation. Based on the research findings, it can be stated that the additional funds are not listed on the transaction receipt but are instead communicated verbally or displayed in the corner of the QRIS printout. Consumers scan the QR code using their digital wallet platform, then enter the total amount themselves, and verify the transaction. After that, a notification appears stating that the funds have been received by the merchant. However, the disbursement of funds from the PJP to the merchant's account takes up to H+1 calendar days. Additionally, the addition of funds by merchants in QRIS payments contains elements of usury, rendering the transaction fasid. The additional funds charged by merchants to consumers constitute unlawful income if both parties do not mutually consent. The addition of funds by the merchant in payments via QRIS can be considered as ujrah and valid if both parties mutually consent and agree. Furthermore, the delay in the transfer of funds from the PJP to the merchant's account constitutes riba nasiah.
Pelaksanaan Pengaturan Kartu Identitas Anak Sebagai Jaminan Kepastian Hukum Hak Atas Anak Terlantar (Studi Kasus Di Jakarta Selatan) Budiyono
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28468

Abstract

Children are the nation's most valuable assets. They have the constitutional right to grow and develop optimally, and they have the right to be protected from all forms of violence and discrimination. In Indonesia, child protection is guaranteed by the 1945 Constitution and reinforced by the ratification of the Convention on the Rights of the Child. However, the reality is that many children are still neglected and live without an official identity, which prevents them from accessing basic rights such as education, health care, and legal protection. One of the state's efforts to address this issue is the issuance of the Child Identity Card (KIA). This is done through Permendagri Number 2 of 2016. The KIA serves as a legal document that guarantees children's identities and facilitates their access to public services. This study aims to examine the implementation of KIA regulations for neglected children in South Jakarta and identify obstacles to its implementation. The study employs a legal-empirical method with a qualitative approach. The study employs the theories of law enforcement by Robert Seidman and of legal certainty by Gustav Radbruch and Jan Michiel Otto, which assert that law in society is influenced by social, political, economic, and cultural forces. Additionally, the theory of legal certainty emphasizes three core values: justice, legal certainty, and utility. It also highlights the importance of having clear, consistent, and easily accessible legal rules. The research findings indicate that, despite its significant potential to ensure legal protection for abandoned children, the KIA still faces various challenges in implementation, including low public awareness, limited infrastructure, and insufficient coordination among relevant agencies. The study recommends enhancing public education, simplifying administrative procedures, and strengthening cross-sectoral coordination to achieve effective, comprehensive legal protection for abandoned children in Indonesia.
Existence And Position Of Paralegal In Legal Assistance And Provision Of Legal Aid In Indonesia Adiputra, Muhammad Raafi; Sri Utari, Indah
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28479

Abstract

In a state governed by the rule of law that upholds the principles of equality before the law and access to justice , the provision of fair and equitable legal aid is a fundamental human right that must be guaranteed by the state. However, in practice, legal access disparities persist, particularly among the poor, vulnerable groups, and communities in remote areas. In response to the limited availability of lawyers and legal aid services, paralegals emerge as non-professional actors who perform non-litigation legal assistance roles. This study aims to analyze the legal legitimacy and existence of paralegals within Indonesia’s legal system. Using a normative juridical approach, supported by historical and conceptual analysis, the study finds that paralegals gain legal standing through Law No. 16 of 2011 and its derivative regulations. Nevertheless, their formal recognition remains limited, especially following Supreme Court Decision No. 22 P/HUM/2018, which restricts paralegals from participating in litigation processes. This limitation overlooks the significant role paralegals play in legal education, community advocacy, and grassroots legal empowerment. Therefore, policy reform and stronger legal recognition are urgently needed to enable paralegals to contribute more effectively to the realization of substantive justice and broader access to legal remedies.
Pertanggungjawaban Hukum Dari Jual Beli Akun Canva Pro: Tinjauan Yuridis Sosiologis Perspektif Undang-Undang Perlindungan Konsumen Khuzaeri, Alfandi
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28512

Abstract

Penelitian ini menganalisis pertanggungjawaban hukum pihak ketiga dalam praktik jual beli akun Canva Pro yang dilakukan secara tidak resmi di Indonesia, ditinjau dari perspektif Undang-Undang Perlindungan Konsumen (UUPK) No. 8 Tahun 1999. Fenomena jual beli akun digital oleh pihak ketiga marak terjadi seiring pesatnya perkembangan transaksi digital, namun menimbulkan berbagai persoalan hukum, khususnya terkait perlindungan konsumen dan legalitas transaksi. Studi ini menggunakan pendekatan sosio-legal dengan metode kualitatif, mengkaji regulasi yang berlaku, studi literatur, analisis putusan pengadilan, serta survei dan wawancara dengan konsumen dan praktisi hukum. Hasil penelitian menunjukkan bahwa penjual akun Canva Pro ilegal dapat dikualifikasikan sebagai pelaku usaha menurut UUPK, sehingga wajib memberikan perlindungan dan informasi yang benar kepada konsumen. Namun, dalam praktiknya, konsumen kerap dirugikan akibat pemblokiran akun, penipuan, dan minimnya mekanisme ganti rugi, diperparah oleh ketidakjelasan status hukum produk digital dan lemahnya pengawasan platform digital. Penelitian ini menyoroti kesenjangan hukum (legal gap) dalam regulasi transaksi digital non-resmi dan menekankan perlunya pembaruan regulasi, peningkatan literasi digital, serta kolaborasi antara pemerintah, platform digital, dan penyedia layanan untuk memperkuat perlindungan konsumen. Rekomendasi yang diajukan meliputi penguatan pengawasan transaksi digital, penegakan hukum terhadap penjual ilegal, serta edukasi konsumen mengenai risiko dan legalitas transaksi akun digital.
Kewenangan Mahkamah Pidana Internasional (ICC) dalam Mengeluarkan Surat Perintah Penangkapan terhadap Non-Anggota Statuta Roma: Studi Kasus Perintah Penangkapan Benjamin Netanyahu (The International Criminal Court (ICC) Jurisdiction: Arrest Warrants Beyond Rome Statute States, a Netanyahu Analysis) Maulana, Adrian; Damanyanti, Ratih; Maskur, Muhammad Azil
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.28584

Abstract

Armed conflict has driven the evolution of International Humanitarian Law (IHL) to minimize suffering, yet severe violations persist, necessitating effective enforcement mechanisms like the International Criminal Court (ICC), established by the Rome Statute in 1998. The ICC holds jurisdiction over individuals responsible for genocide, crimes against humanity, war crimes, and the crime of aggression. This article analyzes the ICC's jurisdiction over non-member states of the Rome Statute and the validity of the warrant of arrest issued against leaders from such states, specifically Benjamin Netanyahu, Prime Minister of Israel. Although Israel is not a state party, the ICC can assert jurisdiction if the alleged crimes occurred in the territory of a state party or if the situation is referred by the UN Security Council, in line with the principle of complementarity. The issuance of the warrant of arrest against Netanyahu on May 20, 2024, was based on Article 58 of the Rome Statute following alleged war crimes and crimes against humanity in Gaza, a territory of Palestine (a state party to the Rome Statute), providing a strong legal basis. However, its implementation faces political challenges and rejection from some member states, which could violate their obligations under Article 86 of the Rome Statute.
Mengurai Paradigma Pemidanaan Dalam Konteks Kebijakan Kriminal Di Era Digital Dzalaqah, Farida; Sri Utari, Indah
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.29245

Abstract

The development of technology and information has created new spaces that offer convenience in life. However, behind this ease lies a loophole exploited by individuals with malicious intent. This space is used as a means to commit criminal acts. Crime in the digital era represents a modern type of offense that requires a different legal approach compared to conventional crimes. The shifting characteristics and modus operandi of criminal acts in the digital era must be met with a reconstruction of positive law in Indonesia. This is crucial to ensure that these crimes can still be effectively handled, thereby maintaining state order.
Legal Analysis on The Role from Financial Services Authority in The Field from Legal Protection for Costumers and Supervision from Banks Nugraheni, Prasasti Dyah
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.5396

Abstract

Financial Services Authority is an institution that is free of interference of other institutions and is independent. This Financial Services Authority has various functions, various powers, and various tasks in the field from examination, regulation, supervision, and investigation from all financial institutions in Indonesia. One type of financial institution is a bank financial institution. The various functions, powers, and duties from Financial Services Authority have been regulated and stipulated in Law Number 21 from the Year 2011 about Financial Services Authority. Besides, Financial Services Authority also has various functions, various powers, and various tasks in the field from legal protection for all customers owned by all banks in Indonesia. This is done to provide legal certainty and legal protection guarantees for all customers owned by all banks in Indonesia. In writing the scientific article, the writer uses a normative and juridical research method that means a research method that is carried out using various sources of library law or secondary sources of law to find various solutions to various existing legal problems
Socio-Legal Analysis of the Acquittal Verdict in the Food Security Fund Corruption Case in Banjarnegara Putra, Royce Wijaya Setya
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.23661

Abstract

The handling of corruption cases in the food security sector has become a public spotlight, especially when the judge at the Corruption Court at the Semarang District Court acquitted the defendant, namely the Secretary of Kaliwinasuh Village, Banjarnegara Regency, Rito. This study analyzes the acquittal in the alleged corruption case of food security funds worth IDR 214,000,000 (two hundred and fourteen million rupiah) in September 2024, using a socio-legal approach. This approach is used to examine not only the legal aspects of the verdict, but also the social, political, and structural contexts that influence the judicial process. The study uses a qualitative method, with court decision document study techniques, and media analysis. The results of the study show that the acquittal was not only based on legal evidence, but was also influenced by weak coordination between law enforcement agencies, inconsistencies in evidence, and social and political pressures in the region. This study concludes that the acquittal in this case reflects the dysfunction of the criminal justice system in handling corruption cases, and has caused a crisis of public trust in the legal process. Therefore, it is necessary to reform the legal approach and strengthen the supervisory system to ensure accountability in corruption cases related to the public interest.
Behind the Shipment: Unpacking Corporate Criminal Liability in the PT. Shippindo Logistics Case Efanof, Riandhy Mufti; Arifin, Ridwan
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.25529

Abstract

The growth of Indonesia’s logistics industry has significantly streamlined the distribution of goods, both domestically and internationally. However, alongside these advancements, there is an increasing risk of misuse of logistics services for illegal activities, such as the smuggling of narcotics, unauthorized firearms, and other prohibited items. PT. Shippindo Teknologi Logistik, as one of the logistics service providers operating within Indonesia’s vast and complex geography, faces particular vulnerability to such illicit practices. In this context, logistics companies are expected to implement due diligence in every shipping transaction to prevent involvement in criminal activities. This study aims to analyze the construction of corporate criminal liability under the Indonesian legal system, particularly in relation to the alleged involvement of PT. Shippindo Teknologi Logistik in the shipment of illegal goods. Additionally, the research evaluates the effectiveness of law enforcement in similar cases within the logistics sector. The method employed is normative legal research using a descriptive approach, relying on secondary data such as legal theories, concepts, and relevant legislation. The findings indicate that a corporation can be held criminally liable if it is proven to have committed or allowed a criminal act to occur due to negligence or failure within its management system. In the case of PT. Shippindo Teknologi Logistik, criminal liability may be imposed if systemic negligence or willful disregard for suspicious activities in its operations can be demonstrated. While Indonesia’s legal framework does provide the basis for prosecuting corporate entities, enforcement in practice faces several challenges, particularly in proving fault and ensuring coordination among law enforcement agencies. Therefore, it is essential to strengthen regulations and ensure stricter implementation of compliance and due diligence principles, especially for logistics providers engaged in cross-border trade.
Legal Analysis of Marine Pollution Due to Oil Spill by MV Ever Judger Ship in Balikpapan Bay: Review of the Implementation of the Strict Liability Principle in Law No. 32 of 2009 Aman, Ahmad Salman
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.28001

Abstract

The oil spill by the MV Ever Judger in Balikpapan Bay in 2018 is one of the marine pollution cases that has received widespread attention in Indonesia. This incident caused significant environmental damage and caused social, economic and ecological losses. This article aims to analyze the application of the strict liability principle in Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) in the context of the case. The principle of strict liability allows the liability of the perpetrator of pollution without having to prove the element of fault. Through a normative juridical approach, this article dissects the legal basis of marine pollution liability and assesses the effectiveness of its application to polluters from the shipping sector. The results of the discussion show that although the principle of strict liability is accommodated in Indonesian environmental law, its application still faces challenges in practice, especially in terms of law enforcement and proof of ecological losses.

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