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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. 11 No. 2 (2025): October, 2025" : 5 Documents clear
The Justice Dilemma in Minor Marriages: Dispensation vs. Prevention Suthida Chaturathorn; Setyaning Wida Nurul Anggaretno; Harith Badrul; Jaxon Woods; Ariana Oliveira
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.3920

Abstract

In Indonesia, the issue of minor marriages has long been a contentious subject, intersecting with complex legal, cultural, and ethical dimensions. The legal framework governing marriage, particularly the stipulations outlined in the Marriage Law No. 1 of 1974, sets the minimum marriage age at 16 for women and 19 for men, but exceptions have often been made under certain circumstances. The practice of granting dispensations for underage marriages through religious and civil courts, particularly in rural areas, raises significant concerns regarding child protection and gender equality. This paper explores the legal paradox of minor marriages in Indonesia, focusing on the tension between granting dispensations (legal exceptions) and the broader need for prevention policies to protect children’s rights and ensure gender justice. Through an analysis of judicial practices, statutory regulations, and the socio-cultural context, the study examines how the legal system both enables and limits efforts to combat child marriage. It critiques the role of judicial discretion in granting dispensations to minor marriages and highlights the challenges faced by policymakers in harmonizing national law with international human rights standards, such as the Convention on the Rights of the Child (CRC). The paper argues that while legal dispensation offers a temporary solution, it inadvertently perpetuates systemic inequalities, particularly for young girls. The study calls for a reexamination of the legal framework to prioritize prevention, reinforce protections for children, and align Indonesia’s marriage laws with international standards of justice and child welfare.
Pulling at Both Ends of the String: The Political and Legal Tug in Refugee and Migration Policy in Indonesia Fakhrirafi Zharfan; Ristina Yudhanti; Dewi Sulistianingsih; Achmad Fahmi Zulfikar; Ngboawaji Daniel Nte; Adnan Ibrahim Sarhan; Ridwan Arifin
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.15543

Abstract

This paper analyzes the complex and often contradictory dynamics of refugee and migration policy in Indonesia, framed within the political and legal tug-of-war that shapes human rights protections. As one of Southeast Asia’s key transit and destination countries for refugees and migrants, Indonesia's policy approaches are influenced by both international obligations and domestic political considerations. Despite being a signatory to the 1951 Refugee Convention, Indonesia has not adopted comprehensive national legislation to protect refugees, leaving a gap in the legal framework that often results in ad-hoc, inconsistent practices. This study critically examines the tension between political interests—such as national sovereignty, security concerns, and public opinion—and the legal obligations tied to human rights protections under international law. The research analyzes the roles of domestic political actors, including the government, lawmakers, and civil society, in shaping policies related to refugees and migrants. It also explores the legal frameworks that both constrain and enable state actions regarding asylum seekers, detention, and deportation. Through a review of recent case studies and policy shifts, this paper highlights the challenges of balancing humanitarian obligations with domestic priorities. The analysis underscores the need for a more coherent and rights-based approach to migration and refugee policy in Indonesia, suggesting that the existing legal and political landscape often pulls in opposite directions, undermining effective protection for vulnerable populations. Ultimately, this study contributes to the ongoing discourse on global migration governance, offering insights into how national policies can evolve to better protect refugees while navigating political realities.
Legal Apparatus, Celebrities, and Students: The Profiling of Drug Abuse Offenders in Indonesia Henky Fernando; Yuniar Galuh Larasati; Leanne Morin
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.18903

Abstract

This study aims to explain and analyse the profiling of drug abuse offenders through cases disseminated in online news. This phenomenon tends to be overlooked in previous studies. This study is a descriptive qualitative study using a case study approach. The findings in this study show that the profiling of drug abuse perpetrators disseminated through online news is not a few who are legal apparatus (police, prosecutors, and correctional officers), celebrities (singers, actresses, and celebgrams or celebrities form instagrams), and students (elementary, junior high school, senior high school, and university). The involvement of the legal apparatus, celebrities, and students in drug abuse cases is not only as users or addicts but also as drug dealers. The findings in this study have significance for the process of uncovering the modes and motives of drug abuse so that it can be used as a basis for addressing and preventing drug abuse more constructively. 
Can Customary Law Deliver Justice? Resolving Kahoba’karah (Out-of-Wedlock Pregnancy) and Kikono (Adultery) in Enggano District Dwi Putri Lestarika; Edra Satmaidi; Linda Rahma Wati; Mohd Zhafran Abd Majiid; Carlos Luthumbu
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.19592

Abstract

The recognition of customary law in the 1945 Constitution of Indonesia serves as a foundational principle for resolving customary violations in Enggano Island, located in the North Bengkulu Regency, Bengkulu Province. This recognition facilitates the restoration of social balance within the community, ensuring both security and order. Among the most prevalent customary violations in Enggano are Kahoba’karah (out-of-wedlock pregnancy) and Kikono (adultery). These violations are addressed through local customary processes, which are deeply rooted in the values of local wisdom. This study aims to describe and analyze the role of customary law in resolving these cases on Enggano Island, exploring how local wisdom is applied in the conflict resolution process. Employing an empirical legal research methodology, the study utilizes both primary and secondary data, analyzed qualitatively. The findings indicate that the existence and application of customary law in Enggano are reinforced by various legislative measures, from Emergency Law No. 1 of 1951 to amendments in the 1945 Constitution, alongside specific customary regulations enacted by the indigenous community. The resolution process typically involves several stages, including the formal recognition of the violation, customary ceremonies, and the imposition of customary sanctions. In light of these findings, it is recommended that the North Bengkulu Regency Government promptly draft and ratify regional regulations recognizing and protecting the Enggano Indigenous Law Community. Additionally, the community is urged to maintain adherence to the normative values that govern social life on the island.
Will Judicial Activism Redefine Justice in Employment Termination Disputes Through Evidence Standards? Abdul Karim Subhanul Akbar; Risky Agung Firnanda; Lucas Feng
Unnes Law Journal Vol. 11 No. 2 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i2.34705

Abstract

Evidentiary challenges in employment termination disputes in Indonesia highlight a significant structural imbalance between employers and employees, primarily due to unequal access to evidence and the employer's dominance over information. This imbalance undermines the principle of equality of arms and obstructs substantive justice in industrial court proceedings. This study seeks to propose a reconstruction of the theory of legal proof through the adoption of the “Shifting of Burden of Proof + Active Judge” model as a normative and doctrinal response to these evidentiary inequalities. A doctrinal-empirical methodology is employed, combining comparative legal analysis of the European Union, the Netherlands, and Germany, where burden-shifting mechanisms are embedded within labor law frameworks. Data is collected through a review of legal literature, statutory analysis, judicial decisions, and peer-reviewed publications. Qualitative and deductive analysis is used to assess the compatibility of Indonesia’s evidentiary system with the principles of due process and substantive justice. The findings demonstrate that shifting the burden of proof can promote judicial fairness and enhance employee protection without violating procedural neutrality, provided that an active judicial role is employed to manage evidentiary asymmetries and compel disclosure of employer-held documents. The “active judge” principle, thus, acts as a corrective mechanism to restore procedural balance and ensure access to justice. This study concludes that adopting the “Shifting + Active Judge” model in Indonesia’s labor law would foster procedural fairness and substantive justice. It recommends (1) establishing judicial guidelines on the active judge principle and (2) incorporating burden-shifting rules into procedural regulations or Supreme Court decrees.

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