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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 98 Documents
Children, Justice, and Femicide: Assessing Victim Rights in Indonesia’s Legal System Siti Aminah; Elizabeth Kristi Poerwandari; Mariska Putri
Unnes Law Journal Vol. 11 No. 1 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v11i1.22691

Abstract

The death of a parent profoundly affects a child’s well-being, particularly when caused by homicide committed by a father or the mother’s intimate partner. Research on gender-based killings, or femicide, identifies husbands, boyfriends, and former partners as the most common perpetrators. Yet, children of intimate partner femicide (IPF) victims remain largely invisible in both public discourse and legal protections. This study examines the impacts of IPF on children and evaluates how Indonesia’s legal system supports family recovery, particularly for children who have lost their mothers. Using a qualitative approach, the study draws on literature and an analysis of key Indonesian laws, including the Witness and Victim Protection Act, Criminal Procedure Code, Domestic Violence Elimination Act, Child Protection Act, and Sexual Violence Act. Findings indicate that IPF produces multifaceted harms, including physical and psychological trauma, social challenges, and legal vulnerabilities. Impacts are gendered: girls often assume caregiving roles and mediate between families, while all children experience instability in caregiving, financial insecurity, and increased exposure to trauma. Research on femicide in Indonesia is limited, particularly regarding its effects on children. The study highlights the need for legal reforms to clarify definitions of crime victims and strengthen the rights of family members, ensuring children’s access to comprehensive and sustainable recovery services. Addressing these gaps is crucial for promoting justice and protection for children affected by intimate partner femicide.
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.
Intensification of Land and Building Acquisition Tax (BPHTB) Collection in Semarang City Based on Semarang City Regional Regulation Number 2 of 2011: Intensifikasi Pemungutan Bea Perolehan Hak Atas Tanah dan Bangunan (BPHTB) di Kota Semarang Berdasarkan Perda Kota Semarang Nomor 2 Tahun 2011 Rina Leidyawaty Silitonga
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37162

Abstract

BPHTB is one kind of Local Taxes to be optimized. Optimization can be done with the intensification BPHTB BPHTB collection. The research aims to find an intensification of collection charges of acquiring land rights and buildings (BPHTB) in the city of Semarang Semarang by regulation No. 2 of 2011. These results indicate that the inventory of relevant regulations in the city of Semarang BPHTB can be classified into two periods, Shape DPKAD intensification conducted by the city of Semarang is to increase the frequency of execution, improve quality, and research tighten Tax Payment Area (SSPD) BPHTB. There are arrears that can not be solved by DPKAD the city, is still a lack of awareness of the WP and the lack of public knowledge about BPHTB. Strategy taken in the collection BPHTB intensification in the city of Semarang is a persuasive approach to the WP; cooperation with the National Land Agency in the city of Semarang, PPAT, and auction officials; attend the exhibition in the knowl-check property’s market value. As a recommendation to the city of Semarang DPKAD to provide a sustainable BPHTB related socialization that people know and understand the provisions of BPHTB in Semarang. Performance and cooperation with relevant parties in the implementation of BPHTB should be improved to optimize BPHTB.
Legal Guarantees for the Right to Obtain Birth Certificates for Children in Orphanages: Jaminan Hukum Terhadap Hak Memperoleh Akta Kelahiran Bagi Anak Panti Asuhan Arlianti Imaria Simanjutak
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37164

Abstract

Every children birth without any exception must have birth evidence as their first step to have a citizen identity. This research attepted to analyze the legal status of children who stay under institute care; To know the procedure of birth registration; To know the birth registration renstrains; and To know the civil and citixenship bureaucracy efforts in tackling the birth registrations renstrains. This research used qualitative approach. The result of the research reveals that mostly the children’s in the Institute have the birth certificate. They were registered through formal procedure in the Civil and Cintizenship Bureucrat. Some renstrains in the birth registratioan are regulation, administrative, and technical problem. Some efforts were taken by the Bureucrat and Institue as well are to make the procedure easier by cutting some administrative requirements.
Legal Protection for Taxpayers in Filing Objections to Land and Building Tax: Perlindungan Hukum Bagi Wajib Pajak dalam Pengajuan Keberatan Pajak Bumi dan Bangunan Budi Putra Cesariyanto
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37165

Abstract

Legal protection in the field of taxation is a form of protection of the rights and obligations of taxpayers are protected by the Act in order to obtain a legal certainty, so that it can be fought. This study aims to determine the Protection of the Law given to taxpayers in the filing of the objection land and building tax in the East Semarang Primary KPP. These results indicate that the legal protection sought by the KPP Primary East Semarang and ranks top tax official is not maximized. As a recommendation to the forum or container formed East Semarang Primary KPP to coordinate on each sub-villages in the region of East Semarang Primary KPP, to accommodate the grievances suffered by the United Nations Taxpayers can actually be used as the socialization of rules on objections.
Implementation of Government Regulations Relating to Share Ownership of Foreign Capital: Implementasi Peraturan Pemerintah Terkait dengan Kepemilikan Saham dari Modal Asing Emaniar Yunisavitri
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37166

Abstract

On investment regulations, foreign investors are required to form a limited liability company whose capital consists of shares, then the government makes more specific regulations on the ownership of shares in a company established under the Foreign Investment Regulation No. 20 of 1994 as updated by Government Regulation Number 83 of 2001. This study aims to analyze ownership of shares of foreign capital which is set in both the PP. Analytical approach used is the juridical-normative approach. These results indicate that participants in the domestic investors who are not accompanied by a written arrangement that governs sanctions or granting a period of 180 days if a foreign investment company which has established and operating in Indonesia turned out after a few years can not be qualified shareholding according to Government Regulation No. 20 of 1994 Jo Government Regulation Number 83 year 2001 regarding the ownership of shares in force in Indonesia, it could create legal uncertainty for the legislation itself.
Agreement on Ownership of the Mount Carmel Modern Cemetery Land Plot Between PT Pagoda Karya Abadi and the Semarang Regency Government: Perjanjian Tentang Kepemilikan Kavling Tanah Makam Modern Mount Carmel Antara PT Pagoda Karya Abadi dengan Pemerintah Daerah Kabupaten Semarang Freddy Wahyu K.S.
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37168

Abstract

Modern cemetery is one of the needs of people who have not been so arranged and cared for by the government. The existence of Mount Carmel to cause problems with the local government district of Semarang. After a change of leadership through the General Election in 2010, permitting offense by Mount Carmel Semarang Regency through the Commission D which is also a product of the 2009 election. This study aims to analyze the cemetery land deal from the perspective of contract law. The approach used is the juridical-normative approach. These results indicate that the problem raised Semarang Regency is the management of Mount Carmel ”judged” is not permitted. Semarang Regency also argued that according to the PP and Permendagri, cemetery land ownership is limited to the right to use and has provisions limit boundary area. The rest are not justified cemetery controlled by individuals, as well as commercial and should not be exclusive. Eventually these problems culminated with the recommendation of Parliament to the executive order to close the temporary management of Mount Carmel in March 2011 to the Pagoda PT Karya Abadi complete the requirements given by the Parliament.
The Influence of Mass Media on the Criminal Justice Process in Minah’s Cocoa Theft Case: Pengaruh Media Massa Terhadap Proses Peradilan Pidana dalam Kasus Pencurian Kakao oleh Minah Kurniawan Akbar
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37169

Abstract

In law enforcement, the media has a significant impact to the community through the preaching of a case. The mass media are able to create a public opinion on a matter of law with which it conveys information and news. Through public opinion in society, mass media perform the control functions of the judicial process of a lawsuit, not the exception in criminal cases. This study aims to analyze the influence of mass media on criminal justice processes in cases of theft of cocoa by Minah. The data used are the primary and secondary. The analysis used juridical-empirical approach. These results indicate that public opinion against theft case 3 (three) pounds of cocoa is one example of a control function that is run by the mass media. Mass media in this case highlights the criminal justice process is not fair for Minah. The influence of mass media appear in the proceedings against the defendant Minah by the panel of judges at the trial III, namely in terms of consideration of the verdict handed down by the judge against the defendant.
Application of the Principle of Delimitation Contradictions in Sporadic Land Registration in Bodeh District, Pemalang Regency: Penerapan Asas Kontradiktur Delimitasi dalam Pendaftaran Tanah Sporadik di Kecamatan Bodeh Kabupaten Pemalang Qoyum Maulana
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37170

Abstract

Sporadic land registration is the registration of land for the first time where activities are held in actual measurement and mapping of land boundaries. This study aims to analyze the application, and the constraints faced by the application of the principle of delimitation contradictur in sporadic land registration in the District Bodeh District Immigration Office, as well as the actions of the District Land Office Pemalang if the principle has not yet been implemented. The data used are the primary and secondary. Juridical approach using empirical analysis. These results indicate that in the activities measurement and mapping of the boundaries of the land that there is a Principle of contradictur Delimitation and demarcation of the witnessed approval of the owners of land directly adjacent to the land to be registered. But in practice is still common disputes between landowners who will be registered with the adjacent landowners, including the dispute still exists the determination of the boundaries of the land is not witnessed by the owner of the land that borders the land to be registered. It is also happen in the District Bodeh Pemalang on sporadic land registration in 2009.
Application of Material Unlawful Nature in Judges' Decisions at the Jakarta Corruption Court: Penerapan Sifat Melawan Hukum Materiil dalam Putusan Hakim di Pengadilan Tipikor Jakarta Ulhaq Adhiyaksa
Unnes Law Journal Vol. 1 No. 1 (2012): April, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i1.37171

Abstract

This study aims to determine the nature of the application against the Law of the Material in the study of corruption in Indonesia criminal law; know the judges of the unlawful nature of the material in the court verdict corruption; Research using a normative juridical research methods in the Corruption Court verdict in Jakarta in contradiction with the Constitutional Court decision No.003 / Puu-IV / 2006 in order of criminal justice practices. These results indicate that the judge in applying the law against nature in a positive function of first doing in-depth study and really explore whether the act was an act that is considered evil and disgraceful for the public. The judge looked at the nature of the unlawful nature of the material should be considered against the law in a negative function, not only in a positive function, so that the deeds done while fulfilling the formulation of the offense but not against the law of the negative material can be used as a justification that does not harm the state, not profitable own natural self, others and the legal obligations of the corporation and not subject to criminal prosecution against the perpetrators.

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