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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 98 Documents
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Criminalization of Money Politics in the 2009 General Election for Candidates for Members of the Regional People's Representative Council (DPRD) of Semarang City: Pemidanaan Money Politic dalam Penyelenggaraan Pemilihan Umum Calon Anggota DPRD Kota Semarang Tahun 2009 Yudhistira Zia Ersyada
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.v1i1.37173

Abstract

Indonesia as a democratic state of law, and elections are a must, as a command contained in the Act of 1945. As a democratic country, then the election should be conducted in accordance with the rules set and the violation of the rule of law must be dealt with and prosecuted by law. Organized based on the principle of direct elections, general, free, confidential, honest and fair. This study aims to determine and understand the reality of money politics a criminal act that occurred in the implementation of the General Election Candidates for the Regional Representatives Council of the city of Semarang in 2009: later to find out and analyze the handling or enforcement of any criminal violation of money politics Election Candidates for City Legislature Semarang in 2009. The data used are primary and secondary data. Analytical approach used is to approach cases and legislation. These results indicate that both the election offense of criminal or administrative, is quite difficult to enforce because of the elect
Synchronization of Legislation in Realizing Disaster Risk Reduction: Sinkronisasi Peraturan Perundang-Undangan dalam Mewujudkan Pengurangan Risiko Bencana Shandra Lisya Wandasari
Unnes Law Journal Vol. 1 No. 2 (2012): October, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i2.37176

Abstract

Disaster risk reduction is a program undertaken by the stakeholders to strive for sustainability, participation of all parties. This study aims to analyze the importance of synchronization of legislation in the field of disaster risk reduction. The results showed that the synchronization of legislation important, wheather in the disaster management, both sociologically, which includes economic, social , and cultural as well as empirically that showed resilience and the condition of the study area based on the level of disaster risk, threat, vulnerability and capacity; and urgency normatively between central and local level regulation. The synchronization of the model legislation in proper disaster management sector is a model of vertical synchronization based on systematic synchronization and synchronization also synchronizes the law relating to the principles of the legislation.
Settlement of Sharia Economic Disputes at the Purbalingga Religious Court: Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Purbalingga Ikhsan Al Hakim
Unnes Law Journal Vol. 1 No. 2 (2012): October, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i2.37178

Abstract

Economic disputes Completion Shariah authority Absolute Being Religious Court. Based on the decision of the Religious Purbalingga archives have completed Shariah economic disputes, than religious courts Ex, residency of Banyumas has never settle economic disputes sharia. The purpose of research is to find out how the existence of religious courts in applying Purbalingga Act No. 3 of 2006 on Religious Courts; factors that affect the high implementation of Sharia Economic Disputes in the Religious Purbalingga compared with the Religious Ex-residency of Banyumas. Research using qualitative methods with socio-juridical approach. Using triangulation techniques. Religious courts Purbalingga has completed 9 (Nine) Islamic economic disputes, 4 finish in peace, and 5 cases granted. compared to the Religious Se-Eks.Karesidenan Banyumas has never settle economic disputes sharia. Purbalingga very existence of religious courts consistently resolve disputes Islamic economics. Factors that support the high courts for dispute Purbalingga are internal and external factors. Internal factors of Human Resources of the Judge, the Registrar, and the Religious Purbalingga bailiff, judge readiness in handling cases of Islamic finance, while the external factors are the subject of one of sharia law of economics that supports the implementation of Shariah Banking Law No. 3 of 2006.
Effectiveness of Copyright Registration for Book Works for Publishers to Obtain Legal Protection: Efektivitas Pendaftaran Hak Cipta Hasil Karya Buku Bagi Penerbit untuk Mendapatkan Perlindungan Hukum Bagus Bintara Putra
Unnes Law Journal Vol. 1 No. 2 (2012): October, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i2.37184

Abstract

Copyright registration according to the explanation of Article 35, Paragraph (4) of Act No. 19 of 2002 on copyright is basically is a must for the creator or the copyright holder. CV Range Science, PT. Yudhistira Ghalia Indonesia, PT Bumi Revised is a company engaged in the field of book publishing. How does the question arise the effectiveness of registration of Copyright works made by the book publisher to get legal protection. Draft issue in this research: 1) how effectiveness registration copyright against masterpiece book for the issuer to shelter law? 2) obstacles are emerging for registration copyright masterpiece book published by publishers book? 3) how efforts to overcome impediments in registration copyright masterpiece book published by publishers book? This research using methods approach juridical empirical, using data primary and secondary data then analyzed by using analysis of data qualitative. The results of this research is the copyright registration is considered effective to protect the work of book published by the Publisher, obstructions in the copyright registration is only contained in the registration system did not make substantial examination on works that are listed, as well as the life span of the registration process and the completion of the copyright issues, according to the Publisher, an effort that can be done to overcome the barriers of copyright registration is predicated on the liveliness of the author or copyright holder. Conclusion of this research is to 1) Copyright Registration for works of the book by the Publisher is quite effective to provide the legal protection of copyright of works published book. 2) Barriers in the copyright registration comes as Indonesia has a declarative protection does not know specifically delegated substantive examination on the registration process. 3) efforts to overcome the obstacles it is by the applicants must be more active, quick and precise on the process of copyright registration. Advice of this research is 1) requires rules governing more particularly on the copyright, 2) the issuer shall register copyright masterpiece they published for more law, shelter 3) and optimization requires badan agency that oversees against violations of copyright, 4) people need of consciousness of users to use the book published by the original issuer.
The Role of the Central Java Provincial Wage Council in Determining Minimum Wages in the Central Java Province Region: Peran Dewan Pengupahan Provinsi Jawa Tengah dalam Penetapan Upah Minimum di Wilayah Provinsi Jawa Tengah Figur Rakasiwi
Unnes Law Journal Vol. 1 No. 2 (2012): October, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i2.37186

Abstract

Manpower development should be organized in such a way, so that the rights and protections for workers' fundamental fulfilled, and at the same time can create conditions conducive to the development of the business. But the reality is not so, a lot going on demos workers demanding higher minimum wage, in this case the need for the role of provincial councils to provide a solution. The authors are interested in examining the role of councils in the province of minimum wage in the province of Central Java. This study aims to determine the extent to which a given role Wage Council to the Governor of Central Java province in setting the minimum wage by legislation. This study uses a qualitative approach, empirical and juridical validity of the data using triangulation techniques. The results showed that the role of provincial councils covering from January to November, which are included in the monthly activities such as surveys KHL January to September, October to December to predict the value of the KHL in a way y.o.y (year on year), and then after that make the formula calculation taking into account the value of MSE khl, labor market conditions, productivity, and marginal businesses. Given the role of provincial councils are in accordance with the legislation, only provincial councils still have constraints, and attempts to overcome that: difficult to agree when the plenary meeting, the efforts made by the councils is to persuasive approach, making the secretariat, create small groups; many districts / cities late in delivery KHL survey, efforts Wage Council is to send an official letter; KHL survey data is not realistic with fairness KHL field and there is a component that does not comply with the conditions of the district/ city, then solve it by providing records and asked to confirm again, for KHL components that do not fit the chosen components KHL are often consumed by the public; too much of the formula calculation and prediction city minimum wage KHL, attempt to resolve it by way of implementing the plenary meeting in order to get the type of the formula required. Suggestions for provincial councils are able to remove the personal ideologies and groups, so that the task can be executed better.
Consumer Protection Against Advertisements Prohibited from Broadcasting: Perlindungan Konsumen Terhadap Pariwara yang Dilarang untuk Ditayangkan Hani Aisah Farah
Unnes Law Journal Vol. 1 No. 2 (2012): October, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i2.37189

Abstract

This study is purposed to identify the monitoring mechanism of advertisements broadcasted by Television Broadcasting Agent and consumer protection from advertisements which are not allowed to be broadcasted. This study uses qualitative research design with sociological juridical approach. The result of this study shows that monitoring mechanism towards advertisements broadcasted by Television Broadcasting Agent is run by two national agents. They are Lembaga Sensor Film who monitors advertisements before being broadcasted and Komisi Penyiaran Indonesia who monitors advertisements after being broadcasted, beside those two national agent, there is also an association named Badan Pengawas Periklanan Indonesia Persatuan Perusahaan Periklanan Indonesia.The monitoring run by those national agents is assumed as not totally successful and does not really protect consumers advertisements which are actually not allowed to be broadcasted. The different Regulation between the agents and the duties which are not maximum in monitoring advertisements is the causing factor of unprotected consumers towards advertisements which are not allowed tobe broadcasted by television broadcasting agent.
Legal and Social Protection for Street Vendors on Menteri Soepeno Street, Semarang City Post-Relocation: Perlindungan Hukum dan Sosial Terhadap Pedagang Kaki Lima Jalan Menteri Soepeno Kota Semarang Pasca Relokasi Lailasari Ekaningsih
Unnes Law Journal Vol. 1 No. 2 (2012): October, 2012
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v1i2.37190

Abstract

Semarang City Government relocation policy against cadger( PKL ) from street Pahlawan to street Menteri Soepeno will cause the pros and cons of the respective cadger. Cadger should Obtain legal and social protection of post-relocation to comfort, well - being and the smooth cadger trading business in a new location. The method used in this study is qualitative research and descriptive research with socio-Juridical approach. While the methods of data collection used in the study were interviews, observation and documentation. Validity of the processing of data using triangulation techniques. The method of the data analysis used in this study is the data collection, data reduction, the data displa, conclusion. Results and discussion of this study were (1) the underlying policy relocation of cadgerfrom street Pahlawan to street Menteri Soepenois in order to create a SETARA program using basic equivalents Regional Regulation No.11 Year 2000 concerning Regulation and Development cadgerand the Decree No. . 511.3/16 on the Determination of Land / Territory Location of cadger in the city of Semarang .( 2 ) pos -relocation of cadger in the Street Menteri Soepeno in fact have repressive and preventive legal protection. Then the result of the relocation of cadger do not get social optimum protection. Get merchandisers limited to trade land compensation in the form of shelter and amenities along with a license for each cadger selling but they do not get social assistance in the form of a guarantee of labor and capital. Suggestions from the research and discussion are (1) Instead of Semarang City Government through their policies in curbing cadger should give serious attention to post-relocation of cadger (2) Semarang City Government should also give special attention to the social and legal protection against post-relocation of cadger in order to further its survival to develop prosper in the post-relocation wefforts
Navigating Regional Regulatory Changes in Indonesia: An In-Depth Analysis of Post-Amendment Implementation of Law Number 12 of 2011 on Legislation Formation Bayangsari Wedhatami; Ratih Damayanti; Cindy Ayu Prasasi
Unnes Law Journal Vol. 9 No. 2 (2023): October, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.37192

Abstract

In the context of Indonesia as a State of Law, the imperative role of the rule of law cannot be overstated in realizing the state's objectives. The formulation of Legislative Regulations, essential for upholding the rule of law, necessitates meticulous consideration of three fundamental principles: benefit, justice, and legal clarity. To ensure the effectiveness of these regulations in aligning with the direction and goals of national legal development, the process adheres to key principles, encompassing the clarity of objectives, appropriate institutional involvement, congruence among types, hierarchy, and material content, practicability, clarity of formulation, and transparency. This procedural framework is consistently implemented in a sustainable, coordinated, and integrated manner. The legal landscape in Indonesia underwent significant transformations with the enactment of Law Number 11 of 2020 on Job Creation, introducing the omnibus law technique. However, the subsequent Constitutional Court Decision Number 91/PUU-XVIII/2020 provisionally deemed this law unconstitutional. Responding to this decision, Law Number 12 of 2011 underwent a substantial amendment through Law Number 13 of 2022, specifically addressing the omnibus approach and enhancing meaningful public participation in statutory rule creation. This legal revision significantly influences the development of legal instruments at the regional level. Consequently, an examination of the implementation of regional legal product formation becomes imperative post the amendment of Law Number 12 of 2011 on the Formation of Legislative Regulations.
Legal Dynamics of Limited Liability Companies: Unveiling the Power of Commissioners and Shareholders to Take Legal Action Against Directors' Negligence Sufiarina Sufiarina; Muhammad Ali; Mufrina Mufrina; Ahmad Maulana; Hendry Frand Tia
Unnes Law Journal Vol. 9 No. 2 (2023): October, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.37193

Abstract

The Limited Liability Company (LLC) is characterized by its distinct juridical entity, effectively segregating its management group from shareholders. Operating as a business entity, the primary goal of an LLC is profit generation. Functioning as a corporate legal entity with legal personality, an LLC comprises three key organizational components: the General Shareholders’ Meeting, Directors, and Commissioners. Directors, or the Board of Directors (BOD), bear the responsibility of managing and representing the LLC both within and outside the legal realm. The position of BOD is mandated to be occupied by a natural person, or 'naturlijk person,' either as a single individual (Director) or collectively by two or more individuals (Board of Directors). Despite a stringent selection process for board positions, the inherent nature of directors as natural persons introduces the possibility of intentional or negligent errors in management, potentially leading to financial losses. In the face of such negligence, the pertinent question arises: can a commissioner (Board of Commissioners) and/or shareholders initiate legal action against a director or BOD, whose legal standing is as the company’s representative? To address this query, a comprehensive library research initiative is undertaken, focusing on the analysis of Article 97 and Article 98 of the Limited Liability Company’s legal statutes. This examination aims to elucidate the viable courses of action that can be pursued against the company in the event of directorial negligence. The research findings reveal that specific commissioners and/or shareholders, in the absence of a director's power of attorney, are granted the authority by the LLC’s legal statutes to initiate legal proceedings against the director or board of directors in a court of law.
Legal Review of the Validity of the Use of Smart Contracts in Business Transactions in Indonesia and Its Regulation in Various Countries Muhammad Ilman Abidin
Unnes Law Journal Vol. 9 No. 2 (2023): October, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.37195

Abstract

The increasingly massive use of the internet is now affecting the economic world which is characterized by the birth of E-Commerce. E-Commerce mechanism that does not brings together sellers and buyers directly, this raises a variety of problems on the subjective and objective terms of the sale and purchase agreement. Smart Contracts are actually different from conventional contracts written on paper. They are also different from electronic contracts. A clause in the agreement, which takes the form of programming code, requires blockchain as a distributed storage technology, which sets them apart. In addition, Smart Contracts serve to execute contracts automatically. Therefore, the article aims to analyze the advantages of Smart Contracts compared to conventional contracts and how the validity of using smart contracts in Indonesian law, and why business transactions in Indonesia should start using smart contracts. The result obtained is that the use of Smart Contracts are completely automated and rely on software logic, making them transparent and visible to all parties involved. The use of Smart Contract in buying and selling transactions is considered very important considering the advantages in terms of security, verification, changes in the contents of the agreement, and evidentiary power. As for Indonesian law, the use of Smart Contracts is permissible as long as it does not violate the validity of the agreement as stated in the Civil Code. The use of Smart Contracts offer several advantages over traditional contracts, including trasparency, autonomy, speed, accuracy, security, and savings.

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