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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 6 Documents
 1 
Search results for , issue "Vol. 10 No. 2 (2024): October, 2024" : 6 Documents clear
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.
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.
Challenges in Ensuring Personal Data Protection For Society in The Era of Society 5.0:  Indonesia’s Case Study Tegar Islami Putra; Waspiah; Indriana Firdaus; Fitria Damayanti; Bintang Rafli Ananta
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.v11i2.8928

Abstract

Personal data protection is crucial in realizing cybersecurity in the Industrial Revolution 5.0 era in Indonesia. The regulation of cybercrime and personal data protection is to provide protection to victims of cybercrime and provide legal sanctions to perpetrators. The implementation of this regulation is not an easy thing, there are various challenges faced, especially in order to face the Era of Society 5.0. This research utilizes normative legal research which examine all regulations (positive law, principles, and legal doctrines) that are applicable in Indonesia and will not overlook the comparison of regulations in other countries to correlate various legal behaviors resulting from the said regulations in an effort to find answers to the research questions. The results show that there are several challenges faced in ensuring personal data protection for society in the era of society 5.0 with a case study of Indonesia, including low public awareness, political patronage, and the need for competent officials hindering effective law enforcement. In addition, there are implementation challenges in the form of regulatory weaknesses that are not matched by implementing regulations and specialized agencies, low public awareness and understanding of the importance of personal data protection, lack of competence of human resources managing personal data, as well as sectoral ego and lack of moral responsibility of officials.

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