Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
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.
Articles
98 Documents
<![CDATA[Juvenile Delinquency in Semarang City: Aspects of Protection and Law Enforcement in Socio-Legal Approach ]]>
<![CDATA[Nadiyah Meyliana Putri]]>;
<![CDATA[Muhammad Wahyu Saiful Huda]]>;
<![CDATA[Rifki Fakihudin]]>;
<![CDATA[Ridwan Arifin]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.37284
<![CDATA[Juvenile delinquency includes all behaviors that deviate from the norms in society, status violations, and violations of criminal law. Violations of status such as running away from home, skipping school, smoking, drinking, illegal racing, and so on. Violations of this status are usually not recorded in quantity because they are not legal violations. While the so-called deviant behavior against the norm includes premarital sex among teenagers, abortion, and so on. This study aims to analyze the phenomenon of juvenile delinquency from a sociological juridical perspective in the city of Semarang. The method used in this study is a mixed method between empirical and normative studies. This method is used to answer substantially the juvenile delinquency case within the legal framework in the city of Semarang.]]>
<![CDATA[Prospect and Challenges of Criminal Procedures in Nigeria: A Review ]]>
<![CDATA[Babajide Olatoye Ilo]]>;
<![CDATA[Adekunbi Folashade Imosemi]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.37285
<![CDATA[Criminal Justice Procedure (CJP) can be described as the collective means through which a person accused of an offence passes until the accusations have been disposed of or the assessed punishment concluded. Arguably, CJP in Nigeria took an enviable turn around with the enactment of a new principal enactment, Administration of Criminal Justice Act (ACJA) which has repositioned the CJP in Nigeria by addressing the seemingly inadequacies in Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC), harmonizing the CPA and CPC, codifying most age-long judicial pronouncements on CPA and CPC and addressing human rights abuses in erstwhile applicable laws thereby catapulting the CJP in Nigeria to an enviable position in the comity of nations. Recent judicial pronouncements in Nigeria on ACJA are worrisome and questions the readiness of the Judiciary as a stakeholder in Criminal Justice System to address the menace of delay in criminal trials which the ACJA aimed to address by introducing novel provisions target towards speedy dispensation of justice in criminal trials. The research methodology used in this study is systematic review and normative, by analyzing principal and secondary enactments in Nigerian CJP with judicial interpretations. While emphasizing the prospects of the ACJA, this paper also highlighted the challenges and suggested solutions to same. Despite its defects, the ACJA is a landmark development in the Nigerian Criminal Justice Procedure and all States of the Federation are therefore enjoined to domesticate the law.]]>
<![CDATA[lllegal Financial Technology Loans Amid the Covid-19 Pandemic Problem ]]>
<![CDATA[Nurharsya Khaer Hanafie]]>;
<![CDATA[Andika A. Gani]]>;
<![CDATA[Virmansyah Virmansyah]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.37286
<![CDATA[This study aims to identify and analyze illegal online lending practices in the midst of the Covid-19 problems. The research method used in this research is normative juridical research, namely the method of doctrinal legal research by reviewing the applicable regulatory provisions as a basis for analyzing the problems that occur and providing a paradigm as an effort to mitigate those problems. This qualitative research uses a descriptive analysis from primary and secondary legal materials through the study of documents and related literature. Based on the results of the study, the pandemic situation has resulted in growing illegal online loan services. Many individuals and micro, small and medium enterprises UMKM) are entangled in lending and borrowing due to the capital needs as a result of the Emergency Public Activity Restrictions (PPKM) policy. Based on the findings, the authors suggested that the improvement of public literacy related to lending needs to be encouraged, including efforts to ratify the personal data protection law and the drafting of the Fintech.]]>
<![CDATA[Law Enforcement for Culinary Business Actors for Violations in Obligations in Implementing Education and Protocol of Covid-19 Prevention in Jakarta ]]>
<![CDATA[Wahyu Nugroho]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.37287
<![CDATA[The Special Capital Region of Jakarta (Indonesian: Daerah Khusus Ibukota/DKI Jakarta) has various regulations in enforcing the health protocol law, imposing sanctions on culinary business actors for various violations committed, in terms of not carrying out educational obligations and Covid. -19 prevention protocols. The problems in this research are first, how is law enforcement for culinary business actors who violate the obligation to implement education and Covid-19 prevention protocols in Jakarta? and second, does the imposition of sanctions for culinary business actors have a deterrent effect and can increase awareness in conducting education regarding the Covid-19 prevention protocol? Normative and empirical juridical research methods. Data collection techniques through document/library studies and interviews. A qualitative juridical analysis is based on primary data and secondary data. The results of the first study and conclusions, Law enforcement for culinary business actors are carried out by the Civil Service Police Unit (Indonesian: Satuan Polisi Pamong Praja/Satpol PP) by involving several relevant agencies, as the party overseeing culinary business licensing. Law enforcement is carried out through administrative sanctions ranging from written warnings, and fines, to freezing and revocation of permits. Second, the imposition of various sanctions for culinary business actors can increase awareness in conducting education regarding the Covid-19 prevention protocol, have new habits, and provide a deterrent effect. His advice is that corrective action is needed on policies to handle COVID-19 in the culinary business sector and evaluation of culinary licensing in Jakarta.]]>
<![CDATA[The Rights of Victims of Illegal Investment Crimes Against Confiscated Goods ]]>
<![CDATA[Wayan Santoso]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.37288
<![CDATA[Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is a normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. Investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.]]>
<![CDATA[Insight Into Intellectual Property in Patent Medicine: An Indian Perspective ]]>
<![CDATA[Murtala Ismail Adakawa]]>;
<![CDATA[N S Harinarayana]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 2 (2022): October, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i2.37289
<![CDATA[This paper aims at exploring intellectual property in relation to patent in medicine in India. Knowledge economy is the engine upon which development and creativity depends that has been instrumental in differentiating countries as developed or underdeveloped. India, being a member of World Trade Organization (WTO) has recognized the importance attached with IP thus investing hugely in intellectual advancement thereby reaping the advantages of second world population. Focusing on three key sectors namely, pharmaceutical, biotechnology, and IT sectors, scholars recognized the contributions these sectors offer to the growth domestic products and economic development of the countries. For instance, in India, many companies are continuously contributing to its economic development and growth at exponential rate. Many issues are discussed with regards to intellectual property.]]>
<![CDATA[Financial Technology Company's Debt Collection Method: A Legal Aspect ]]>
<![CDATA[Suwinto Johan]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37290
<![CDATA[Online loans are an alternative source of loans for the public. Online lending has grown rapidly. Financial technology companies are online loan providers. Financial technology companies use various ways to collect loans that are not paid by customers when they are due. One of the debt collection methods is to distribute photos and debt collection stories of the customer to the contacts in the customer's mobile number. This distribution has caused unrest for the people contacted either via messenger or via SMS. This research aims to discuss the pattern of debt collection by financial technology companies from a juridical viewpoint. This research uses the juridical normative method. This research concludes that data retrieval and data dissemination constitute a violation of personal data protection for customers and people who receive news and SMS. Retrieval of data without approval or contacting a loan with another party without prior knowledge has violated the personal domain of the data owner. The government needs to immediately issue regulations regarding the protection of personal data related to electronic transactions.]]>
<![CDATA[Legal Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement ]]>
<![CDATA[Rusdianto Rusdianto]]>;
<![CDATA[Diva Pitaloka]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37291
<![CDATA[In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.]]>
<![CDATA[Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies ]]>
<![CDATA[Rahadyan Fajar Harris]]>;
<![CDATA[Natalia Carolina Simanjuntak]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37292
<![CDATA[The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.]]>
<![CDATA[The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic ]]>
<![CDATA[Ahmad Siboy]]>;
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37358
<![CDATA[The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.]]>
