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Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27224503     DOI : https://doi.org/10.15294/ulj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Unnes Law Journal is a peer-reviewed scholarly journal that publishes high-quality research on Indonesian law and its interaction with regional and global legal developments. Established in 2012, the Journal aims to advance rigorous legal scholarship and promote evidence-based discourse on law, justice, and governance.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 98 Documents
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Travis Hirschi’s Social Control Theory Perspective on the Relevance of Early Marriage and Sexual Violence Busthomi Arifin; Rusmilawati Windari; Tolib Effendi
Unnes Law Journal Vol. 10 No. 2 (2024): October, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i2.846

Abstract

Crime as an inherent problem throughout the history of the human journey continues to trigger a never-ending discussion, including in the context of early marriage and sexual violence. The purpose of writing this article is to explore the relevance between sexual violence and early marriage in the view of criminology, especially from the perspective of social control theory initiated by Travis Hirschi, so that later efforts can be found to prevent the practice of early marriage from taking root. The research method applied is normative juridical research with literature study techniques. The results showed that the relevance between early marriage and sexual violence is closely related. Early marriage and sexual violence can be said to be a domino effect. Another relevance lies in the means of control, if sexual violence is overcome (controlled) then early marriage also does not occur (controlled), and vice versa. According to Travis Hirschi's social control theory, there is a causal chain of the relevance of early marriage to sexual violence which includes individual attachment to parents and school (attachment), commitment not to disappoint the important things in one's life (commitment), individual involvement in a positive activity (involvement), and belief in good noble values in the context of early marriage and sexual violence (belief).
Comparative Analysis of Binary Option Law in Indonesia and United States of America Tiara Nurfathia; Patricia Rinwigati
Unnes Law Journal Vol. 10 No. 2 (2024): October, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i2.1285

Abstract

Binary option, which was originally applied from the United States (US), has become a public discussion in Indonesia due to various cases. This happened due to there was an Indonesian YouTuber who introduced Binary Option investment, and many people joined the trade. However Binary Option trading is illegal in Indonesia. In order to respond to these cases, it is crucial to understand a comprehensive picture particularly on legality, case and regulatory framework. It is necessary to obtain a clear description of the country of origin of Binary Options, namely the United States. This research is descriptive in nature with the type of normative juridical research through a comparative legal approach with qualitative analysis methods. The result of this research shows that a comparison of Binary Option law in Indonesia and the US can be identified from the differences in terms of legality, the supervising institution, the regulations, and the criminal acts that occurred along with the sanctions. Unlike the US, which legalizes Binary Option trading, in Indonesia Binary Option is not a part of legal investments, instead it is classified as gambling. US have an anti-fraud regulations about Binary Option trading, while Indonesia does not have one, but explicitly can use another laws.
Optimizing the Role of Community Guidance Officers as the Vanguard of the Juvenile Justice System Ria Anggraeni Utami; Randy Pradityo; Helda Rahmasari; Riska Karinda
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i1.1858

Abstract

One provision in the juvenile justice system is that juvenile justice proceedings must involve Community Guidance Officers from correctional institutions (BAPAS) who conduct social investigations on the child, which serve as considerations in the juvenile justice process. However, the presence of Community Guidance Officers has received inadequate attention so far, as if the main actors in handling troubled children are only the Police, Prosecutors, Judges, and LPKA officers. The research method used is empirical juridical research, conducted through field research and literature review. The role of Community Guidance Officers in the Legal Jurisdiction of Bengkulu Province as the Vanguard of the Juvenile Justice System is to provide assistance and recommendations for handling children by conducting social investigations from pre-adjudication, adjudication, to post-adjudication. The obstacles faced by Community Guidance Officers in Bengkulu Province include lack of competence and uniformity in law enforcement officials' perception regarding the best interests of the child, incomplete implementation of recommendations due to lack of facilities for child placement, and societal stigma against the child. Additionally, there are technical obstacles such as distance between BAPAS Bengkulu and the child's residence area. Efforts to optimize the role of Community Guidance Officers in Bengkulu Province involve aligning law enforcement officials' perception regarding the best interests of the child, raising awareness among communities and relevant institutions to accept these children, establishing BAPAS posts, and optimizing the role of local governments to synergize government programs in combating juvenile crime.
The Legal Position of the KPK as an Independent Anti-Corruption Agency in Indonesia: A Review in Law No. 19 of 2019 and UNCAC Asis Asis
Unnes Law Journal Vol. 10 No. 1 (2024): April, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i1.1877

Abstract

This study focuses on the KPK as an independent anti-corruption agency in Indonesia; the current situation is becoming more difficult due to the various types of KPK authorities that existed prior to the passage of Law No. 19 of 2019, which was later changed and exacerbated by the KPK's position under the executive clump. This research will answer the following questions: (1) What is the KPK's position as an independent organization (2) How is the legal analysis of anti-corruption institutions based on Law No. 19 of 2019 and the UN Convention Against Corruption A sociolegal approach is used in this study. The findings revealed that, first, the KPK is not independent because it is part of the executive clump. Second, in terms of wiretapping authority, permission from the supervisory board is required. Third, KPK personnel are classified as members of the State Civil Apparatus (ASN). Fourth, there is a potential conflict of interest. Therefore, Law no. 19 of 2019 should be revised.
The Adjustment of Employment Concept in Paying Wages Under Minimum Wage Provisions For Restorative Justice Terubus Terubus
Unnes Law Journal Vol. 10 No. 2 (2024): October, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i2.2012

Abstract

The purpose of this study is to analyze and find the concept of adjustment in employment cases in terms of paying wages below the minimum wage from a restorative justice perspective. This research is normative legal research. This research uses a legal approach, a conceptual approach, and a philosophical approach. The results show that the concept of resolving labor cases in terms of paying wages below the minimum wage is realized through a peace agreement with victim-offender mediation (VOM) while involving the responsibility of criminals in recovering losses due to criminal acts. Concrete evidence of recovery for victims is started in an agreement that is agreed upon and signed by the parties so that it has legal validity and reasons and has legal force in protecting the interests and rights of the parties.
Legal Certainty for Photo Creators against Unauthorized Uploading on E-commerce based on the Copyright Law Hannin Pradita Nur Soulthoni
Unnes Law Journal Vol. 10 No. 2 (2024): October, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i2.3186

Abstract

In the contemporary landscape of digital commerce, the phenomenon of unauthorized use of copyrighted materials, especially photographs, poses significant challenges. This study delves into the realm of intellectual property rights, particularly focusing on copyright regulations, licensing, and legal protection concerning photographic content within e-commerce platforms. The research adopts a normative legal approach to analyze existing laws related to copyright regulation and protection in the context of product sales on e-commerce platforms. It is characterized by a descriptive-analytical methodology aimed at elucidating and analyzing legal regulations governing copyright, licensing, and legal certainty within the e-commerce environment. The findings reveal crucial insights into the legal certainty provided by copyright laws, emphasizing the significance of legal protection for creators and innovators in the digital age. Despite advancements, the study identifies persistent challenges, such as the widespread unauthorized use of photographic content in e-commerce settings, leading to infringements on intellectual property rights. The analysis highlights pertinent legal provisions within Indonesian copyright laws, outlining the rights and protections afforded to creators of photographic works. It underscores the importance of legal enforcement and the role of stakeholders, including businesses, e-commerce platforms, and governmental authorities, in upholding intellectual property rights. In conclusion, the research underscores the imperative of enhancing legal frameworks, enforcement mechanisms, and stakeholder collaboration to safeguard intellectual property rights in the digital era. By elucidating legal complexities and proposing strategies for compliance and enforcement, this study contributes to advancing the discourse on intellectual property protection within the digital commerce landscape.
The Effectiveness of the Financial Services Authority Supervisory Board in Supervising the Board of Commissioners Suwinto Johan; Ariawan Gunadi
Unnes Law Journal Vol. 10 No. 2 (2024): October, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v10i2.3249

Abstract

Undang Undang Pengembangan dan Penguatan Sektor Jasa Keuangan or the Law of Financial Services Sector's Development and Reinforcement has granted an absolute authority for Otoritas Jasa Keuangan (OJK) or Financial Services Authority to file for bankruptcy and postpone debt payment obligations (PKPU) against financial services institutions. OJK is led by a board of Commissioners consisting of 11 members whose authority requires supervision from a capable institution. To address this, the P2SK law established the OJK Supervisory Board responsible for overseeing the authority. Yet, OJK SB limitedly assists the House of Representatives in supervising the OJK without having any direct authority to give sanctions or indirect authority over the OJK Commissioners. Therefore, the SB OJK needs to be granted authority such as in the Limited Liability Company Act. Interviews should be conducted to business actors to explore this issue in the future studies.
International Tensions and Legal Disputes: Indonesia’s Aggressive Measures Against Unregulated Foreign Fishing Activities Amarta Yasyhini Ilka Haque; Nadya Puteri Andreza; Mohd Faiz; Zahidah Abdullah
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.3253

Abstract

This paper explores Indonesia’s aggressive measures against illegal, unreported, and unregulated fishing (IUUF) by foreign vessels in its territorial waters, a strategy that has triggered significant international tensions and legal disputes. Given Indonesia’s vast marine resources, the country has become a prime target for foreign exploitation, exacerbating the IUUF issue. The primary objective of this study is to critically assess whether Indonesia's law enforcement, particularly its policy of sinking foreign vessels engaged in illicit fishing, complies with both national and international legal standards. Through normative and qualitative research, the paper examines the legal foundation of Indonesia’s actions under Law No. 45 of 2009, and the relevant provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which grants coastal states the authority to enforce their regulations and apply criminal law against foreign vessels involved in unlawful fishing within their territorial waters. The findings reveal that Indonesia’s vessel-sinking strategy is legally grounded, but it has sparked significant controversy. While domestic support for these measures has been strong, neighboring countries and international bodies have expressed concerns over the approach, leading to diplomatic challenges. This paper contributes to the broader discourse by analyzing the complex intersection of national sovereignty, international law, and marine resource management. It sheds light on the legal and political ramifications of Indonesia’s enforcement actions, enriching the ongoing debate about the rights of coastal states and the management of global marine resources.
From Law to Justice: Ownership Restrictions in the Fight for Agrarian Equity Varun Chhachhar; Sumarno Sumarno; Joan Antonio Gonzales
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.3288

Abstract

This study examines the intersection of law and justice in the context of land ownership restrictions under agrarian reform in Indonesia, highlighting the tension between statutory frameworks and the pursuit of social equity. Indonesia’s Agrarian Law (Law No. 5 of 1960) and subsequent regulations were designed to redistribute land and promote equitable access, yet ownership restrictions and bureaucratic challenges often perpetuate structural inequalities, limiting the realization of true agrarian justice. This research critically analyzes the legal framework governing land tenure, including limits on private ownership, land certification, and redistribution programs, and evaluates their socio-legal implications for smallholder farmers and rural communities. The novelty of this research lies in its dual lens: it examines not only the legality of ownership restrictions but also their ethical and distributive impact, bridging legal analysis with normative considerations of justice. By situating Indonesian agrarian law within broader debates on social equity, the study identifies gaps between formal legal mechanisms and the lived realities of marginalized populations. The study contributes to both legal scholarship and policy-making by offering insights into how ownership restrictions can be reformed to better align with principles of fairness, equity, and community welfare. Ultimately, it argues that achieving agrarian justice in Indonesia requires both legal compliance and normative reforms that prioritize social justice alongside statutory regulation.
Justice Beyond Borders: Strengthening International Alliances to Eradicate Human Trafficking in Southeast Asia Nur Aisyah Abdurrahman; Suwinda Suwinda; Lisa Ikhsana; Muhammad Habiby Abil Fida Safarin; Rifki Fakihudin; Sulaiman Tan; Wipaporn Sawasdee
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.3293

Abstract

Human trafficking remains a critical issue in Southeast Asia, exacerbated by socio-political, economic, and cultural factors. This paper examines the concept of justice, advocating for enhanced international cooperation to effectively combat human trafficking in the region. It identifies the limitations of current national-level approaches, which fail to address the transnational nature of trafficking networks. The paper highlights significant normative and legal gaps, such as inconsistent definitions of trafficking, lack of harmonized laws, and weak enforcement mechanisms, which undermine anti-trafficking efforts. Drawing on international law and human rights frameworks, the paper argues for a more coordinated approach among Southeast Asian nations, international organizations, and civil society. Central to this approach is legal harmonization, improved intelligence sharing, and stronger enforcement to combat trafficking. The paper also integrates restorative justice and victim-centered policies, emphasizing comprehensive rehabilitation for survivors. By analyzing successful case studies and pinpointing gaps in existing legal frameworks, it offers practical recommendations for policymakers, including the establishment of regional task forces and the creation of victim support networks. Ultimately, this paper advocates for a paradigm shift in the fight against human trafficking, calling for a holistic, justice-oriented approach that goes beyond borders and empowers victims and frontline actors in Southeast Asia.

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