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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 5 Documents
 1 
Search results for , issue "Vol. 10 No. 1 (2024): April, 2024" : 5 Documents clear
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.
Digital Transformation in Case Handling: A Juridical Review of Technology Utilization in the Justice System in Indonesia and Malaysia Ulfah Dwi Rahmawati; Arief Budiono; Fahmi Fairuzzaman; Ahmad Shamsul Abd Aziz
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.v10i1.3668

Abstract

Indonesia and Malaysia have different judicial systems, given that they differ in applying the legal system. However, Indonesia and Malaysia have implemented digitalization in the judicial process from the earliest to the final stages. The use of technology is an effort to reform and digitize to achieve modern justice that is fast and efficient while still upholding legal norms. The objectives of this research are: (1) To find out what forms of technology utilization are in the judicial system in Indonesia and Malaysia and (2) To find out how the law views and regulates this based on applicable Legislation. The writing that was written using the normative juridical method based on a literature study found that the use of technology is desired by the law as evidenced by Legislation governing digitization. The two countries' regulations still require much improvement and evaluation, both substantively and in implementation, to achieve the main objectives. 
Implementation of Carbon Capture and Storage in order to Achieve Net Zero Emissions in Indonesia Raphael Mayaka; Stephen Rodriguez; Ubaidillah Kamal; Muhammad Fikri
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.v10i1.4526

Abstract

In Indonesia, currently many people still use fossil fuels as the main energy source, but with the use of fossil fuels, greater carbon dioxide emissions will be released into the atmosphere, ultimately causing climate change (global warming). To overcome this problem, Indonesia is now starting to adopt techniques that have been used by several countries, namely carbon capture. Carbon Capture and Storage or commonly called CCS or some call it CCUS (Carbon Capture, Utilization and Storage) is one solution to climate change which continues to worsen over time. Indonesia itself is currently preparing 15 projects that will develop and use CO2 capture technology. The research method in the research carried out is using a normative juridical approach. The normative juridical approach is carried out by examining legal principles, legal provisions, legislation and legal mechanisms. Based on the normative type of legal research, several normative approaches are also used, namely the Conceptual Approach and the Statutory Approach. ESDM Ministerial Regulation No. 2 of 2023 does not directly provide benefits to society. This regulation focuses on regulations and incentives for business actors in the upstream oil and gas sector to implement Carbon Capture and Storage (CCS) technology. In Presidential Regulation no. 14/2024 states that holding CCS can be based on three things Carrying out CCS or CCUS implementation in Indonesia begins after obtaining a storage permit for CCS implementation schemes based on permits, whereas for CCS implementation schemes based on cooperation contracts begins when the contractor obtains approval for the proposed field development plan or changes. There are a few things that Indonesia should do such as making a new regulation about funding, insentive and public participation.
Quo Vadis Honorary Council of the Constitutional Court in Enforcing the Idea of ​​Constitutional Ethics for Constitutional Judges in Indonesia Feiruz Rachmita Alamsyah; Martitah Martitah
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.v10i2.14761

Abstract

The oversight is carried out by the Ethics Council and MKMK, where the Ethics Council is responsible for enforcing breaches of the code of ethics and maintaining the dignity and integrity court. The existence of the Ethics Council is currently in a status quo, seemingly in a state of limbo because, on the one hand, the Constitutional Court has legally explained that the enactment of Law No. 7 of 2020 marks the end of the Ethics Council's existence. On the other hand, PMK No. 2 of 2014, which serves as a guideline for the supervision of the Ethics Council, has not yet been revoked by a new PMK. As a result, the mechanism for overseeing the code of ethics for Constitutional Court judges is in a vacuum and cannot function effectively. Attempts to explain how the oversight of the MKMK is viewed from both a historical and practical perspective within Indonesia's constitutional system. It then compares it with other countries and examines the issues surrounding the implementation of oversight over the Ethics Council and MKMK, effectively enforce the code of ethics for judges, and how the oversight mechanisms interact with descriptive-qualitative methods. The findings are numerous, including the ineffectiveness in handling ethical cases because no authority has been delegated to the Ethics Council, and MKMK is formed on an ad hoc basis. The creation of PMK for the formation of the Ethics Council is affected by conflicts of interest, and passive oversight by Constitutional Court judges occurs because the Ethics Council examines allegations of code of ethics violations based on reports from the public. Therefore, the author proposes a normative reformulation to restore the role of Judicial Commission as the external overseer of the Constitutional Court to maintain and enforce the honor, dignity, and proper conduct of Constitutional Court judges.

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