Law Research Review Quarterly
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.
Articles
156 Documents
<![CDATA[Implementation of Restorative Justice in the Police in Realizing a Just Legal State ]]>
<![CDATA[Fiesta Aulia Rizka]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 1 (2024): Various Issues on Law and Development ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i1.3857
<![CDATA[The upholding of justice, as well as usefulness and certainty of the law are the fundamental goals of the law that was created. However, in thiscase it also turns out that in reality it is difficult to realize it together. The police have an active role and participate in enforcing the law in Indonesia, especially regarding matters the might damage Indonesian public order. Restorative justice ha the main aim of seeking justice in it, namely by focusing on peace efforts by prioritizing return or restoration to the initial overall state. Restorative justice this is to restore a situation to b e better in people's lives, not to take revenge for a crime or crime committed. With the existence of restortive justice, it is hoped that it wil be able to create a just legal state as mandated by the Indonesian Constitution.]]>
<![CDATA[Regulasi Foreign Direct Investment dalam Perizinan dan Pemulihan Sektor Lingkungan Pertambangan Batubara Era UU Minerba 2020 ]]>
<![CDATA[Taqiyaah, Adzraa]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 2 (2024): Justice, Crime, and Law Enforcement in Various Contexts ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i2.4368
<![CDATA[Penulisan ini membahas mengenai perizinan penanaman modal asing (PMA) di Indonesia, PMA sendiri menjadi salah satu faktor pertumbuhan ekonomi nasional. Dengan memanfaat sumber daya alam Indonesia di sektor pertambangan batubara. Kewenangan PMA di Indonesia diatur dalam Undang-Undang Nomor 25 Tahun 2007, salah satu tujuannya untuk mempercepat pembangunan ekonomi nasional. Dalam sektor pertambangan batubara mengenai PMA diatur dalam Undang-Undang Nomor 3 Tahun 2020 atas perubahan Undang- undang Nomor 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara. Sehingga perizinan dan pemulihan sektor pertambangan batubara di Indonesia mengalami perubahan yang cukup signifikan pada era UU Minerba 2020 yang mendorong investasi asing di sektor pertambangan batubara. Kegiatan pertambangan tersebut tentu memberikan kerusakan lingkungan sehingga dibutuhkan pemulihan sesudah melakukan kegiatan pertambangan. Tujuan Penelitian ini adalah mengetahui bagaimana perizinan PMA pada era UU Minerba 2020 serta bagaimana ketentuan dan cara pemulihan lingkungan akibat kegiatan pertambangan batubara. Metode yang digunakan adalah penelitian hukum normatif, dengan pendekatan yuridis, yang bersifat deskriptif analisis. Berdasarkan hasil dari penelitian dan analisis, maka diperoleh kesimpulan, yaitu; (1) Penyederhanaan proses perizinan, peningkatan keterlibatan pemerintah pusat dalam mengawasi operasi pertambangan sehingga dapat meningkatkan daya tarik investasi asing dengan memberikan kepastian hukum yang lebih besar bagi investor. (2) UU Minerba 2020 tidak memprioritaskan aspek hukum responsif untuk mengatasi kesenjangan sosial ekonomi dan tantangan lingkungan hidup yang semakin memburuk. Sehingga diperlukan keseimbangan antara tujuan investasi dan kelestarian lingkungan. Dengan menggabungkan kepentingan investasi dan kepentingan lingkungan, bisa menciptakan hukum yang lebih seimbang dan berkelanjutan untuk masa depan.]]>
<![CDATA[CRIMINAL LAW ENFORCEMENT IN ECONOMIC EXPLOITATION OF CHILDREN IN A LEGAL PERSPECTIVE ]]>
<![CDATA[Fajriani, Fajriani Oktavianur]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 2 (2024): Justice, Crime, and Law Enforcement in Various Contexts ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i2.6725
<![CDATA[Economic exploitation of children is one form of trafficking in persons where it is unethical to force children to do work without regard for children's rights. One of the contributing factors is that law enforcement is still weak so that perpetrators feel free to carry out acts of exploitation. The research method used is a qualitative approach using a type of sociological juridical research. This research focuses on criminal law enforcement in economic exploitation of minors. This research produced the following findings: First, economic exploitation of children in a legal perspective, namely Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons and Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Second factor causing economic exploitation of children, Third effectiveness of law enforcement in economic exploitation of children, and Fourth, efforts to overcome economic exploitation of children. ]]>
<![CDATA[The Role of the Central Java Regional Police in Overcoming Religious and Political Radicalism Crimes ]]>
<![CDATA[Prima, Prima Prasilia Sulpa]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 1 (2024): Various Issues on Law and Development ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i1.6726
<![CDATA[This study examines the role of the Police as law enforcement officers in dealing with and preventing criminal acts of radical movements with an understanding that can give rise to rebellions that have similarities with terrorism because they are categorized as two threats to the unity and security of the state through religion and politics. The factor that causes this radicalism is because the understanding of religion is still fragmented, as a result of which they feel that religion and themselves are the most correct so that they have the desire to change the current system of government and replace it with Islamic law. This research uses a literature approach, namely by collecting data from various literatures which are then used to analyze and solve the problems studied. This research focuses on the crime of radicalism committed by the Islamic State of Indonesia with the intention of overthrowing the government with the arrest of the Governor of NII and several of his staff in the Central Java Police. The findings of this study are important for law enforcers, especially the Police because as law enforcement officers the Police must have a good strategy to be able to overcome, prevent, and overcome radicalism and terrorism. With this research, it can be a very important support as a means of law enforcement to achieve legal certainty, create justice, and maintain public order.]]>
<![CDATA[Juridical Analysis of Land Registration Certificate as an Absolute Requirement in the Mortgage Execution Auction ]]>
<![CDATA[Alimah, Adine]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 4 (2024): Contemporary Issues in Crime and Justice ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i4.7072
<![CDATA[Abstract SKPT is a document that is a mandatory requirement in an auction application. The SKPT must be submitted by the creditor to the KPKNL when requesting an auction. However, many auctions were canceled by the KPKNL Office due to the lack of complete SKPT requirements which were not fulfilled by the creditors. This research aims to find out the regulations and urgency of the SKPT document as a condition for holding an auction. The research method used in this research is a normative juridical method through statutory and conceptual approaches. The data source used in this research is secondary data through reviewing legal regulations, books, journals, articles and other sources. In this research, it was found that there are still many creditors who do not know that the SKPT document is a mandatory requirement in carrying out auctions. The government should be able to provide outreach regarding the importance of the SKPT document as a condition for holding auctions for the execution of mortgage rights. Keywords: SKPT, Auction Implementation, Auction Canceled. ]]>
<![CDATA[Legal Protection for Child Victims of Sexual Violence in Semarang: Analysis of Decision No. 431/Pid.Sus/2023/PN.Smg ]]>
<![CDATA[Fikrie, Muhammad Ridho Iksanul]]>;
<![CDATA[Indah Sri Utari]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 1 (2024): Various Issues on Law and Development ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i1.7145
<![CDATA[This research seeks to explore the legal safeguards provided to child victims of sexual violence within the Semarang District Court. A qualitative method with a case study was used to analyze primary data from internal court documents. The results show that the Semarang District Court is committed to protecting child victims of sexual violence through existing policies and programs, such as the Child Protection Task Force, special children's courtroom, and rehabilitation programs. Positive impacts of these policies and programs include a sense of security, access to healthcare services, trauma recovery, and stigma prevention. However, this study also found several challenges, such as a lack of human resources and budget, stigma and discrimination against victims, and the sexual objectification of children. Solutions offered to address these challenges include strengthening laws and policies, public education and awareness, and support from various parties. This research indicates that while there has been progress in the legal protection for child victims of sexual violence at the Semarang District Court, there are still areas requiring enhancement to ensure optimal protection for these victims. ]]>
<![CDATA[LEGAL CONSTRUCTION AND DISPUTE RESOLUTION OF NON-PAYMENT DEBTORS IN PAYLATER SHOPEE ]]>
<![CDATA[Kusnaedy, Dina]]>;
<![CDATA[Setianingrum, Reni Budi]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 1 (2024): Various Issues on Law and Development ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i1.8082
<![CDATA[Shopee is the number one online shopping platform in Indonesia. Provides the Paylater feature, namely the buy now and pay later system. In the financing flow, Shopee collaborates with PT Lentera Dana Nusantara as a financing institution. Therefore, the involvement of several parties needs to be understood as well as their legal position and rights and obligations. The ease of use of this feature causes the problem of debtors who do not pay their bills. Therefore, it is necessary to analyze the efforts taken in the dispute. This study uses a statute approach with a normative juridical method. Secondary data types sourced from primary, secondary and tertiary legal materials with literature study data collection techniques and interviews with respondents that are purposive. Qualitative analysis techniques that are descriptive. The results of Shopee's Paylater research are a form of cooperation between PT Shopee Internasional and PT Commerce Finance under the OJK which is continued by PT Lentera Dana Nusantara. The financing agreement gives rise to the regulation of the POJK Civil Code and the UUPK because there are three parties involved in the Paylater feature, namely consumers, Shopee Paylater feature providers and Fintech. OJK Regulation No. 10/POJK.05/2022. The systematics of using Paylater can be found out by users in the Shopee application in the Paylater menu. Default from the user's default is only in the form of payment interest. 5% of the total bill per month as a consequence of late payment. Some of the efforts made by Shopee are by freezing user accounts and making periodic payments to recording late payments in SLIK OJK. In conclusion, the need for legal protection is not only preventive legal protection but also repressive legal protection.]]>
<![CDATA[Inventory Of Land Destruction Arrangements ]]>
<![CDATA[amienatul rasyida]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 3 (2024): Recent Trends of Crime and Justice in the Society ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i3.8206
<![CDATA[Perished land is land that has changed its original form due to natural events, so that it can no longer be utilized, functioned and identified. A land right can be extinguished if the land falls to the state, because it is voluntary, because it is abandoned, and the land is destroyed. Several plots of land in Sriwulan Village, Bedono Village, and Purwosari Village, Sayung Subdistrict were declared destroyed due to natural events, so that they were utilized as a form of land acquisition for the public interest in the construction of the Semarang-Demak Toll Road. This research uses empirical juridical methods with a qualitative approach based on field research by examining statutory provisions and interviews in the field in order to obtain the facts. The results obtained from this research are (1) The regulation of the destroyed land is regulated in Permen ATR / BPN No. 3 of 2024 on the amendment of Permen No. 17 of 2021 concerning Procedures for Determining Destruction Land, and Presidential Regulation No. 27 of 2023 on the amendment of Presidential Regulation No. 52 of 2022 concerning Handling Social Impacts on Land Identified as Destruction Land in the context of Development for the public interest. (2) The legal protection provided by the state is compensation in the form of a Compensation Fund.]]>
<![CDATA[ARKAS: Implementation of Database System for the Development of Educational Report Platform in accordance with Permendiknas No 19 of 2007 ]]>
<![CDATA[Era Dhika Safitri]]>;
<![CDATA[Rudy Widyanarko]]>;
<![CDATA[Purdiyanti]]>;
<![CDATA[Nurkolis]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 1 (2024): Various Issues on Law and Development ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i1.8367
<![CDATA[Provisions in Presidential Regulation No. 57 of 2021 concerning Education Standards and Minister of National Education Regulation No. 19 of 2007 concerning Education Management Standards by Elementary and Secondary Education Units set standardized indicators for education management from elementary to secondary levels. One form of indicator is the relationship between education and the quality of educational reports. However, there is an issue of weak educational quality reports that vary and often lead to bias, resulting in planning that is merely focused on administrative document fulfillment rather than achieving the intended goals. The research focus is on developing a platform as a solution to the Education Report based on Minister of National Education Regulation No. 19 of 2007. The research method used is descriptive qualitative to examine how the newly launched Indonesian Education Report platform can be utilized in data-based education planning to ensure more targeted planning and enhance the quality of education. The analysis results indicate that the Education Profile and Report platforms of each education unit serve as empirical databases that will be used as the basis for the development of ARKAS. The provision of educational services within these data-based education units will be more optimal as they are based on data from each indicator achievement available on the Education Profile and Report platform. ]]>
<![CDATA[THE ROLE OF CASE DEGREES AND RECONSTRUCTION IN STRENGTHENING INVESTIGATORS' CONFIDENCE IN CRIME EVIDENCE ]]>
<![CDATA[Dida, Qaulan Sadida]]>
<![CDATA[ Law Research Review Quarterly Vol. 10 No. 1 (2024): Various Issues on Law and Development ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/llrq.v10i1.8654
<![CDATA[The law enforcement process for suspected criminal acts begins with an investigation process by the police. An investigation is carried out with the aim of searching for and finding an incident that is suspected of being a criminal act so that the next stage, namely investigation, can be carried out. This research uses a normative juridical research type with a qualitative approach. Based on secondary data and primary data. The results of this research show that: (1) The role of case title and reconstruction in the Indonesian criminal justice system is as a guide in the criminal investigation process. (2) Case title and reconstruction play a role in assisting investigators in collecting evidence and strengthening investigators' confidence in collecting evidence to uncover a criminal act. The conclusion from this research is that the case title plays a role in helping investigators collect evidence, while the reconstruction acts as a guiding evidence that strengthens investigators' confidence in uncovering criminal acts.]]>
