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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 133 Documents
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Judicial Constitutional Capture and the Transformation of Democratic Backsliding in Indonesia Exsyel Hendy Basuki; Windya Nopryanti; Hezron Sabar Rotua Tinambunan; Mohammed Ali Ahmed Saeed
Unnes Law Journal Vol. 12 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.47964

Abstract

This article examines whether the Indonesian Constitutional Court's Decision No. 90/PUU-XXI/2023 should be understood as ordinary constitutional adjudication or as a distinct form of democratic backsliding. Using qualitative-normative legal research, critical doctrinal analysis, precedent tracking, and functional comparative comparison, it analyzes the Court's treatment of standing, open legal policy, conditional constitutionality, plurality reasoning, judicial ethics, and electoral timing. The article argues that Decision No. 90 represents judicial constitutional capture: an endogenous pathology in which a constitutional court becomes an autonomous agent of constitutional manipulation rather than merely a victim of executive capture or a passive validator of political power. The finding rests on the convergence of weak proxy-like standing, abrupt departure from same-cycle precedents, a fractured majority whose broad remedy lacked clear majority reasoning, judicial positive legislation, an objective familial conflict of interest, and subsequent Ethics Council findings. The article contributes a litmus test distinguishing aggressive judicial activism from capture and proposes reforms concerning preventive recusal, heightened standing in election-rule cases, supermajority requirements for departing from recent precedent, plurality-ratio rules, targeted cooling-off safeguards, and stronger ethics sanctions. It concludes that constitutional courts require internal integrity mechanisms as much as external independence protections.
Revisiting Liberty of Woman Under Rape Laws in India with Reference to Bhartiya Nyaya Sanhita: A Critical Legal Analysis Manjari Singh; Ridwan Arifin; Varun Chhachhar; Marina Gorbatiuc; Shobhit Pratap Singh; Prashant Singh
Unnes Law Journal Vol. 12 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.48005

Abstract

Rape was clearly defined as an offence in the Indian Penal Code of 1860, drafted by the First Law Commission. For over a century, criminal laws relating to rape cases remained unchanged until the Mathura Custodial Rape Case prompted the Criminal Law (Second Amendment) Act of 1983. Subsequent legislative responses followed major cases, the 2012 Delhi Rape Case led to the Criminal Law (Amendment) Act, 2013, which provided for the death penalty in rape cases in which the death of the victim is caused or she is left in a vegetative state; the Unnao Rape Case of 2017 precipitated the Criminal Law (Amendment) Act, 2018, which made the punishment more strict and inserted several provisions; and in July 2024, new criminal laws were enforced. Despite these successive legislative interventions, each considered revolutionary in its time, heinous incidents have continued unabated, from the Hyderabad Rape Case of 2019 and the Hathras Rape Case of 2020 to the Kolkata Rape Case of August 2024. The cases from Mathura custodial rape to Kolkata rape have witnessed no change in the mentality of the society, which revolves around gender injustice and questions the physical appearance of a girl/woman. This paper analyses the rape laws through a critical examination of the after-effects of the 2013 and 2018 amendments of old criminal laws and the provisions of new criminal laws. It also traces the evolving meaning of the "personal liberty" of women across this period. The analysis reveals that deterrent laws have become a necessity, yet their implementation in society remains ineffective. The core cause behind these recurring cases lies not merely in legislative gaps but in deeply entrenched social attitudes that successive amendments have failed to address. Legislative reform alone cannot deliver justice when societal mentality remains unchanged. This paper employs a doctrinal-analytical method, drawing on constitutional provisions, statutory texts, Supreme Court jurisprudence, parliamentary committee reports, and National Crime Records Bureau data to critically examine the legislative and judicial treatment of rape law in India. This paper criticizes the gap between law on paper and law in action, underscoring that the personal liberty of women demands not only stronger legal frameworks but their meaningful and consistent enforcement.
The Critical Study of the Omnibus Bill on Job Creation Based on John Rawls View on Justice Kukuh Tejomurti; Sukarmi Sukarmi
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48211

Abstract

This study aimed to analyze the critical study of The Omnibus Bill On Job Creation based on John Rawls view On Justice. The Government and the House of Representatives ratified the Omnibus Bill on Job Creation through a plenary meeting on October 5, 2020. This is more focused on improving economic growth or investment but does not pay attention to increase the protection and competence of human resources. The type of this research uses normative legal research, legal research that is conducted based on law and regulation, and library material. Related to this type of research, the approach used in this paper is legal, a conceptual approach, and a historical approach. According to the result of research, it can be concluded that the rules of the Omnibus Bill on Job Creation has implications for the imbalance of position between companies and workers and do not provide legal certainty for workers' protection. According to John Rawls, a justice will not sacrifice the rights of some people for the benefits enjoyed by others. Based on the opinion of John Rawls, we can know that if we sacrifice the rights of others for profit is not right. The cooperation based on a work agreement should be of benefit to all parties. These are benefits that can provide welfare to one another. Companies do not need to pay as high as company directors, but companies must be transparent about finances.
Electoral Regulation in Indonesia: Is It Modern Law? Sholahuddin Al-Fatih
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48212

Abstract

This research tries to discuss modern law and its character which is elaborated through a review of Law No. 7 of 2017 on Elections. Through conceptual and statutory approaches, this research tries to examine the concept of modern law based on the benchmarks of ideas put forward by Max Webber, Marc Galenter and Charles Sampford.. The results of this study show that it is quite difficult to categorize the law in Indonesia as a modern law. Nevertheless, this research successfully shows that one of indonesia's legal products, Namely Law No. 7 of 2017 on Elections, has fulfilled elements of modern law. This research is expected to help academics and legal practitioners to be able to dig deeper into the concept of modern law so that it can be applied in law in Indonesia with some adaptation and adjustment.
Legal Reform for the Fulfilment of Disabilities Human Rights Suwandoko Suwandoko; Satrio Ageng Rihardi
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48214

Abstract

The legal reform requires the fulfilment of disabilities human right is very important as a basis for strengthening the footing, so as to be able to respect, protect and fulfill the human rights of persons with disabilities without discrimination by upholding human value and dignity based on the Pancasila and the 1945 Constitution of the Republic Indonesia. The purpose of this study is to analyze the urgency of reforming human rights law of persons with disabilities and to analyze the model of legal reform to realize the fulfillment of human rights of persons with disabilities. This research method uses a type of normative juridical research by studying the legal literature. The results showed that the urgency of reforming human rights law for persons with disabilities in terms of philosophical, sociological and juridical aspects. The model of legal reform has embodied the fulfillment of the human rights of persons with disabilities in the harmonization of policies consisting of several aspects of regulatory structuring, aspects of institutional structuring and aspects of legal culture development. So legal reform is able to manifest the human rights of persons with disabilities, in this case as a form of crystallization of noble values and human dignity that are more just, progressive, democratic, prosperous and non-discriminatory.
Talent Pool on The Appointment of Directors of PLN (Persero) Viewed from Good Corporate Governance Ikhwan Nul Yusuf Maulana; Elisatris Gultom; Sudaryat Sudaryat
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48215

Abstract

Talent Pool on the appointment of BUMN Directors that has been implemented at this time still leaves problems. This research aims to know how the application of the Talent Pool on the appointment of Directors of PLN (Persero) viewed from Good Corporate Governance and the implications for compliance and performance aspects. The research method used in this study is a normative juridical approach which is done analytically descriptive. The results showed there were still mismatches in the application of the Talent Pool on the appointment of the Directors of PLN (Persero) to several GCG principles that are transparency principle related to the need for an information system to appoint Directors of BUMN which is transparent and accountable, accountability principle is relating to the need for the development of a performance appraisal system for Directors, BoC and Shareholders and the accountability arrangements for professional institutions or teams formed by the Minister of BUMN in conducting due diligence and propriety tests for candidates for the BoD and independence principle is relating to the process of appointing BUMN Directors which must be done in stages by involving the final assessment by Tim Penilai Akhir. The implications of the application of the Talent Pool that applies GCG principles have a significant impact on compliance and performance aspects, this is evidenced by increased compliance with applicable laws and regulations through prevention of acts against the law and increased performance through company profitability.
Covid-19 and Human Rights: The Capture of the Fulfilment of Rights During the Covid Outbreaks Anis Widyawati; Rasdi Rasdi; Ridwan Arifin; Septhian Eka Adiyatma
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48216

Abstract

Fulfilment and protection of human rights in all aspects is a form of Constitutional Rights for Citizens that must be fulfilled by the State. Basic human rights also under no circumstances can be reduced even deprived. However, the fact is, human rights regulated in various laws and regulations in Indonesia have not been maximally implemented. The fulfilment and protection of human rights also faces its own challenges in implementing it in certain cases, for example disasters such as Pandemic Covid-19. Various legal instruments, both central and regional, were created to deal with and resolve the Covid-19 Pandemic problem. This study aims to examine the implementation of the fulfilment and protection of human rights in special situations such as Covid-19 Pandemic. This research is limited to the Semarang City area. This study wanted to find out and analyze various aspects of law and human rights in the implementation of various policies related to Covid-19 in the City of Semarang. This study seeks to find challenges and problems in the protection and fulfilment of human rights in the city of Semarang in the Covid-19 Pandemic. The method in this study uses empirical research, where researchers directly go to the field. The planned data was obtained from various related agencies in the city of Semarang, the community, and related NGOs. This research will assist the government in mapping human rights fulfilment policies in national disaster situations in this case the Covid-19 Pandemic.
Death Penalty for Corruptors in Indonesian Human Rights Perspective Yaris Adhial Fajrin; Arista Putri Purnamasari; Ryvina Izza Rosyida; Dwi Faizah Maulidiyah
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48217

Abstract

The death penalty for corruptors, gaining a place in Indonesia's positive criminal law. As a country that makes Pancasila an ideology, it is interesting to be reviewed in this paper on the existence of the death penalty for the corruptor from a human rights perspective in Indonesia. Therefore, the author raised two issues, namely the first, how is the death penalty for corruptors in Indonesia's positive law? second, what about the death penalty for such corruptors if reviewed from a Human Rights perspective in Indonesia? To answer this, the authors chose legal research with a normative approach as part of its research methods. Based on the study obtained that the death penalty for corruptors does not conflict with Indonesian human rights values, because it is seen as the most serious crime. Even the formulation of the death penalty is currently seen as in line with the direction and ideals of reforming Indonesia's criminal law, which is increasingly humanist and puts forward the purpose of justice and benefit.
How Law Responds to Technological Development? Ayon Diniyanto; Heris Suhendar
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48218

Abstract

Law and technological development must go hand in hand. The speed of technological development must be balanced with a fast legal response. Laws that are not quick in responding to technological developments can certainly result in weak regulations and even a legal vacuum in the technology development sector. The technology industry in the fields of financial technology (fintech), online transportation services, and digital health services continues to develop. Without strong regulation, these sectors will have a weak legal basis. The impact faced can be in the form of misappropriation by irresponsible individuals and causing harm to the wider community. Given that sectors such as fintech, online transportation services, and digital health services are related to the interests of the wider community. The state must exist by making laws or regulations that can respond quickly to technological developments. Indonesia as a rule of law must make all aspects run according to the law, including technological developments that produce products. This paper examines the extent to which the speed of law in Indonesia in responding to technological developments.
Politics of Law for the Protection of Debtors as Consumers in Fintech based Loaning Services Dinda Dinanti; Muthia Sakti; Indira Putri Irfani; Sinta Ana Pramita
Unnes Law Journal Vol. 6 No. 2 (2020): October, 2020
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.48219

Abstract

This study aims to analyze legal protection related to technology-based lending and borrowing services. The research method used is normative legal research, with a statutory approach, namely an approach using legislation and regulations, and a conceptual approach that refers to existing legal doctrines. The data collection technique used was a literature study. The results show that legal protection for debtors as consumers has not been realized because the consumer dispute resolution mechanism for non-PUJK activities has not been regulated, there is no regulation regarding the interest rate ceiling and mechanisms related to the collection process, and because of the lack of strict sanctions against online loan administrators who commit violations.

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