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INDONESIA
Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
ISSN : -     EISSN : 27224503     DOI : https://doi.org/10.15294/ulj
Core Subject : Social,
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
Implementation of Changes in the Use of Agricultural Land to Non-Agriculture in the Land Office of Pemalang District (2011-2013) Suryo Haj Hasmoro
Unnes Law Journal Vol. 5 No. 2 (2019): October, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i2.48266

Abstract

The purpose of this study was to (1) analyze the implementation of the licensing change of use of agricultural land to non-agricultural; (2) analyze the obstacles encountered by the Land Office and the citizens in the transition function of agricultural land into non-agricultural. This research is empirical juridical law with analytical descriptive research. Source of research data derived from primary and secondary data. The technique of collecting data using interviews (Land Office employees and citizens Pemalang) and documentation then analyzed descriptively qualitative. Results of this study are (1) The licensing change of use of agricultural land to non-agricultural can be done by private masyarat citizens or by the developer / investor, which process comprises: (a) the applicant making the request; (b) the payment of administrative costs, (c) review of the field consisting of the research process, data processing and manufacturing considerations technique, (d) the delivery of judgment technique to the Regent in the minutes of the Assembly Examination Committee for consideration, (e) decision of the application is accepted or denied, and (f) submission of the decision for a permit to the applicant. (2) The constraints encountered by the Land Office is the difference in the deliberations of the Technical Advisory Team Land when reviewing the location, and the public / applicant had been doing construction on agricultural land that has not been transformed to enable.
Responsibility of Children's Toys Businessmen against the Hazards of Toys Posed Umi Hidayati
Unnes Law Journal Vol. 5 No. 2 (2019): October, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i2.48268

Abstract

The aims of this research is to find out and describe the diversity of children’s toys in Semarang City, find out and describe protection in law to children as end user, as well as to find out and describe responsibility of children’s toys businessmen against the hazards of toys posed. The type of this research is qualitative research by using juridical-sociological approachment. The technique of collecting data which was used were literature research, observation, interview, and documentation research. The result of this research show that in Semarang City is not yet known diversity of children’s toys for certain, protection in law for children as end user is not maximal yet, and the responsibility of the businessmen has not been fully implemented or are still limited and conducted unilaterally by the businessmen.
Implementation of Limitation of Prosecution of Land Rights to Ensure Legal Certainty for Rightsholders Agus Yulianto
Unnes Law Journal Vol. 5 No. 2 (2019): October, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i2.48269

Abstract

Article 32 paragraph (2) Regulation 24 of 1997 states that the issue of land cases more than 5 years after the certificate is issued is not possible lawsuit. This is intended to ensure legal certainty for rights holders. But in reality, there is a problem a lot of land that is more than 5 years can still be carried out a lawsuit by those who feel harmed, so it does not ensure legal certainty for rights holders. This is possible because the system is a system used publications negative positive element in which the certificate is not as absolute proof, so that those who feel aggrieved can still raise objections without time limit. Results from this study is the case of land dispute resolution that appeared more than five years after the certificate issued is the same as the settlement of land issues that arose before 5 years after the certificate was issued. The solution can be done through litigation and non-litigation either at Court or the Land Office. Namely through the path of litigation proceedings from the lawsuit, the answer, replic, closing argument, evidence, conclusions, and judgment. While the path is non-litigation mediation can be done in the Courts and the Land Office. Restrictions prosecution land rights can ensure legal certainty of land rights holders. Because the landowners will not always alarmed by the continuity of the ownership of the land.
Adat Land (Bengkok) Transition Process in Indonesian Land Law Abdul Wahhab
Unnes Law Journal Vol. 5 No. 2 (2019): October, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i2.48270

Abstract

This research aims to determine the transition of land rights from adat land village (bengkok) and the efforts made to provide legal protection for the people who control the land from the crooked land, this research using empirical juridical approach, using primary data and secondary data later analyzed using qualitative data analysis. This study shows that the transition process bengkok land Mutih Wetan village performed until the discharge stage by way of village meetings by providing replacement land. Soil removal procedure performed by Demak Regent Regulation No. 1 of 2011 On Guidelines For Financial Management And Wealth Village, efforts are being made to the legal protection for the people who control the land from the bengkok land village is recording the village administration to mutation associated land, forming the draft village regulations, as well as performed permit change agricultural land into land non-agricultural land rights petition efforts undertaken by the Government of Mutih Wetan village. It can be concluded that the process of transition crooked land done by the release of land by way of village meetings to provide replacement land, efforts are being made to the legal protection for the people who control the land from the bengkok land is recording the administration of the village on the mutation of land, the establishment of the draft regulation village, and the license permit change agricultural land into non-agricultural land as a condition for the right to land use certificate issuance.
Victims of Sexual Abuse: How Does the Law Protect Her? Jeremya Chandra Sitorus
Unnes Law Journal Vol. 5 No. 2 (2019): October, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i2.48271

Abstract

Campus sexual assault (CSA) has received unprecedented public attention lately. Sexual assault is one of the iceberg phenomena. Although men and women can be sexually assaulted, women are at greater risk. This research was aimed to describe and to classify sexual assault. The result of this research showed there are many sexual assault victims chose to remain silent and not strive for justice because imbalance of power relation, normalization of sexual assault on campus, lack of institutional support and even disciplinary act perpetrator, consequently perpetrators still remain on campus and turned compound of trauma for victims' lives. Campus intervention is important to destroy normalization of sexual assault on campus and they should take the responsibility to educate their students about consent during sexual contact.
Death Penalty, Right to Life, and Various Controversies in Human Rights Adi Saputra; Febrian Jadug Santoso
Unnes Law Journal Vol. 5 No. 1 (2019): April, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i1.48273

Abstract

In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.
LGBT in Legal and Criminology Aspects Umi Sofwatin; Dian Alfiani; Nida Nurjanah; Sintha Dwi Mukti
Unnes Law Journal Vol. 5 No. 1 (2019): April, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i1.48274

Abstract

The LGBT which is an acronym for Lesbian, Gay, Bissexual and Transgender is a group consisting of people who have sexual orientation deviations, behavioral deviations and appearances that are not in accordance with their gender. The current LGBT phenomenon has experienced rapid development in everyday life. LGBT as a form of sexual deviation, behavioral irregularities and appearance that is not in accordance with their gender, has expanded to a society with a normal social order, even these LGBT actors are not only teenagers and adults but also children. Most LGBT people present themselves as heterosexual people, this is done so that LGBT people can get along comfortably in carrying out various social activities in the community. The deviation itself does not rule out the possibility of being in campus life and the perpetrators are students to lecturers. The proliferation of television coverage of LGBT has also expanded the movement of LGBT people to show their identity that they exist. This report will discuss the observations of LGBT communities on campus (UNNES) and how they relate to crimonology and victimology.
Effect of Taxpayer Data and Information Confidentiality Principle on Tax Amnesty Against Law Enforcement in Indonesia Ratih Damayanti
Unnes Law Journal Vol. 5 No. 1 (2019): April, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i1.48275

Abstract

The principle of confidentiality in the Tax Amnesty can have a negative impact, the impact of which may occur frauds by individual taxpayers and tax officials. If there is fraud, the process of investigation and investigation to find evidence will be difficult. Law enforcement agencies and examining bodies such as the KPK, BPK, and other related agencies will have difficulties and will not be able to break through taxpayer assets or data because these assets and data are private and protected by law. This can hamper the law enforcement process, especially law enforcement in the tax sector. The principle of confidentiality in Tax Amnesty has an effect on law enforcement. The principle of confidentiality in Tax Amnesty provides potential moral hazard. A moral hazard occurs because of the opportunities or opportunities that enable these actions to materialize. Opportunities for Fiscus and Taxpayers to meet in person. This has the potential to cause a gray area between the Taxpayer and the Fiscus which can cause moral hazard to the Taxpayer. The authority of the Fiscus is prone to be misused, so that it can lead to several criminal actions that can be carried out, namely embezzlement or corruption that can harm the country's finances. And when the crime occurs at a Tax Amnesty Taxpayer, it will be difficult to enforce the law because the data and information sourced from the Declaration and its attachments cannot be used as a basis for investigation, investigation, and / or criminal prosecution of the Taxpayer cannot be used as a taxpayer basis for investigation, investigation and / or criminal prosecution of taxpayers.
Company Support for Environmental Sustainability: How Does CSR Defend Environmental Sustainability in Indonesia? Henggar Budi Prasetyo
Unnes Law Journal Vol. 5 No. 1 (2019): April, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i1.48276

Abstract

This paper is intended to analyze how the implementation of the survey and identification as a basis for channeling funds to the Community Development Program of PTPN IX and how to account for the distribution of funds Environment Development Program at PTPN IX? This study classified the type of qualitative empirical juridical approach with descriptive-analytic specifications. The type of data used are primary data. Data obtained through interview and document study. The data obtained and analyzed by inductively to be concluded. The results obtained showed that PTPN IX in the implementation of the survey and identification of the distribution of the Community Development Program funds to repair roads in the village Sukomangli 2014 using the method of submission of the proposal by the community. The public in this case is positioned as the subject and object of the program. While, PTPN IX positioned as a facilitator realization of targets set out in the proposal. On the distribution of aid funds are PTPN IX compiling reports and the use of funds for implementing dipertanggungjawakan by the Board of Directors to the AGM. The report was approved by the AGM that the Board of Directors in this regard has gained release and discharge of responsibility for the implementation of environmental Development Program in fiscal year 2014.
Forests for Justice: What is the Sharing of Forest Products between the Government and the Community? Aris Rudiharto
Unnes Law Journal Vol. 5 No. 1 (2019): April, 2019
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v5i1.48277

Abstract

This research aims to analyze the process of forest production sharing between Perum Perhutani (state-owned forestry company) and LMDH Aman Sentosa as well as the obstacles in the process of forest production sharing between Perum Perhutani and LMDH Aman Sentosa. This research is an empirical and jurudical legal study using qualitative research method. The result of this research shows that the process of production sharing etween KPH Pati and LMDH is a continuous process of the fund sharing which comprises the following processes: (a) the process of teak logging, (b) the calculation of trees and wood production, (c) the submission of sharing proposal for the LMDHs by Asper to KKPH, (d) the KPH team calculated and revised the LMDH’s right proportion, (e) KKPH submitted the proposal to the head of the unit, (f) the unit team conducted a collective correction, (g) the process of making the official report of the sharing and the decree on the allocation of sharing distribution to KPH, (h) KPH Pati issued the decree on the allocation and sharing to the LMDH, (i) KPH Pati passed in the sharing fund to the LMDH, and (j) sharing fund distribution to the members, cash board, and village officials. The obstacles faced in the process of production sharing between Perum Perhutani and LMDH Aman Sentosa are (a) complicated regulation in calculating the production sharing; (b) too long term of the production sharing fund delivery, and (c) LMDH’s delay in submitting the report.