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[Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan ]]>
<![CDATA[Satria Unggul Wicaksana Prakasa]]>;
<![CDATA[Achmad Hariri]]>;
<![CDATA[Samsul Arifin]]>;
<![CDATA[Asis Asis]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37359
<![CDATA[Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.]]>
<![CDATA[Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement ]]>
<![CDATA[Adi Wijayanto]]>;
<![CDATA[Hatta Acarya Wiraraja]]>;
<![CDATA[Siti Aminah Idris]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37360
<![CDATA[Law enforcement regarding the environment is in fact a responsibility that should be fulfilled by the state. In this case, the state is the main actor in prevention, as well as a protector from any efforts to destroy nature and the environment. It can be understood that to maintain the crucial elements in the existence of a state, as agreed in the Montevideo Convention, among others, permanent residents, definite territory, government, the ability to enter into relations with the state. other. So with this it can be understood that environmental damage due to forest fires, is a form of threat also in the area element, because by burning ecosystems, it will result in an imbalance of life in an area, it can also be interpreted if the impacts arising from forest fires spread to enter the area. on the territory of neighboring countries, it will lead to unfavorable relations with other countries.]]>
<![CDATA[Reconstruction of Financial Crime Investigation Methods in Law Enforcement in The Era of the Industrial Revolution 4.0 ]]>
<![CDATA[Sukardi Sukardi]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37361
<![CDATA[The purpose of this study was to determine the construction of the concept and method of financial crime investigation in the Netherlands in the law enforcement system in Indonesia to deal with financial crime in the era of the industrial revolution 4.0. The method used is normative research because it only uses secondary data in the form of primary, secondary and tertiary legal materials with conclusions drawn using deductive reasoning methods. The urgency of this research is because the development of crime that is not symmetrical with its legal efforts in the era of the industrial revolution 4.0, has an impact on efforts to enforce the rule of law which will affect reciprocally with the democratic process in Indonesia. The novelty of the research is an investigative method that combines civil and criminal concepts and economic accounting concepts with criminal law concepts. The results of the study are the strategy for law enforcement of financial crimes and financial technology in the era of the industrial revolution 4.0, by building a legal system, namely on the substance of the law, regulatory changes are built that are oriented towards proving the profits from crime through the concept of follow the money. In the aspect of legal structure, build a synergistic and harmonious coordination system between law enforcers and between institutional and private departments with an online networking system. In the aspect of legal culture, building a database system through a data bank, building a business economic infrastructure with a digital transaction system.]]>
<![CDATA[The Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic ]]>
<![CDATA[Sulaiman Rasyid]]>;
<![CDATA[Adya Paramita Prabandari]]>;
<![CDATA[Bastian Chris Daren]]>;
<![CDATA[Christopher 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.v8i1.37362
<![CDATA[The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.]]>
<![CDATA[Technical Intelligence and Security Management within the Nigerian Territorial Waters: The Nigerian Navy Challenge ]]>
<![CDATA[Ngboawaji Daniel Nte]]>;
<![CDATA[Brebina Kelvin Enoke]]>;
<![CDATA[Ilyasu Abubakar]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37363
<![CDATA[With the world becoming a more volatile place and certainly high - threat environments becoming too far and dangerous to send personnel, the insufficiency of human intelligence has placed a greater stress on technical aids in gathering intelligence. Technology has allowed the acquisition of intelligence to rely less on human intelligence. The progeny of modern day equipment - both offensive and defensive has made provision for myriad levels in intelligence gathering. The Gulf of Guinea Basin countries rely heavily on their maritime sector for greater per cent of their exports and imports. The Gulf of Guinea is strategic to the development of West African countries and has been characterized by various maritime crimes, thus the need for technical intelligence and surveillance measures by basin countries to enhance the security of the region. Nigeria is a strategic stakeholder in the maritime security around the Gulf of Guinea with her Navy and Nigerian Maritime Administration and Safety Agency as the lead agencies responsible for her maritime security and safety. This work discusses the various leverage and the challenges of modern surveillance equipment to aid the achievement of securing the Nigerian maritime environment by the Nigerian Navy as well as her involvement in several internal security operations in Nigeria.]]>
<![CDATA[The Application of International Laws in Bangladesh: A Critical Evaluation ]]>
<![CDATA[Mazharul Islam]]>;
<![CDATA[Mohammed Tahmidul Islam]]>;
<![CDATA[Md. Tuhin Mia]]>;
<![CDATA[Md. Zahidul Islam]]>
<![CDATA[ Unnes Law Journal Vol. 8 No. 1 (2022): April, 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.37365
<![CDATA[This article discusses the incorporation and implementation of international laws, specifically international treaties and agreements into the domestic legal system of Bangladesh. The position of international laws in the legal system of Bangladesh and their authority to interpret and challenge domestic laws has been focused upon. To that effect, the constitutional provisions dealing with international law along with various authoritative court decisions have been analyzed. Additionally, status and implementation of customary international laws in Bangladesh have also been absorbed. How the norms of customary international laws are being incorporated and implemented have been discussed in detail. The analytical methods of research have been carried in the piece highlighting judicial decisions and international instruments. This article is based on secondary materials with the key sources including textbooks, reports, journal articles, conference papers, daily newspapers and online documents. The study has also relied on international instruments, domestic laws and decided cases of Apex Court of Bangladesh. The findings show that as a democratic country Bangladesh needs to incorporate for the sake of its own people the provisions of international treaties into domestic laws. This is a gradual but perilous process which would take more than political goodwill to materialize. As a young nation, it still has a long way to go to level its regulations up-to the international standards. The positive indication is that the supreme courts of Bangladesh are increasingly realizing and interpreting international instruments through their decisions pressurizing the government to make positive changes in the legislations.]]>
<![CDATA[Federalism in Nigeria: Problems and Restructuring Option ]]>
<![CDATA[Kelly Bryan Ovie Ejumudo]]>;
<![CDATA[Francis Ayegbunam Ikenga]]>
<![CDATA[ Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.38683
<![CDATA[The study examined the problematic of Nigeria’s federalism and the restructuring option. Three null hypotheses were formulated to guide the study and the study being a quantitative research adopted correlational design and four hundred academic staff from five Departments in the Faculty of social sciences all from the six sampled public Universities in the six geopolitical zones in Nigeria were sampled. The primary data that were used for the study were obtained from federalism and restructuring option questionnaire and chi square was used to analyze the data obtained. The finding of study revealed that the inability of the Nigerian state to adopt the restructuring option as a panacea to the unending political and ethnicity crises in the nation have a relationship with poor generating capacity and dependency mentality of the federating units. The study lucidly showed that there is no significant relationship between the nature and character of the age-long North-South tendencies and federalism in Nigeria. The study equally revealed that there is a significant relationship between politics of marginalization, socio-economic development and participatory/empowerment on federalism in Nigeria. The study recommended that to ensure peaceful coexistence of Nigeria’s multi-ethnic nationalities, the Nigerian government at different levels, different stakeholders and concerned bodies should go back to the drawing board and consider the creation of additional states and re-examine the sharing formula based largely on genuine need, derivation and population. The study also recommended that for the federalism option to succeed in Nigeria, there in need for re-construction, re-formulation, genuine acceptance and practicability of an appropriate federal arrangement that emphasizes self and national development as well as an equitable fiscal system that accommodates the true power relations and the expenditure and revenue realities of the respective component units in the Nigerian federation.]]>
<![CDATA[Neutrality of the State Civil Apparatus in the Democratic Party of Regional Head Election (Pilkada) ]]>
<![CDATA[Al Qodar Purwo Sulistyo]]>;
<![CDATA[Anas Santoso]]>;
<![CDATA[Usman Usman]]>
<![CDATA[ Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.38687
<![CDATA[The General Election Commission of the Republic of Indonesia (KPU-RI) has determined 270 regencies / cities to hold simultaneous regional elections in 2020. With the agenda for the registration period of candidate pairs held from 4th September 2020 to 6th September 2020, and Campaign Period Stages to be held from 26th September 2020 to 5th December 2020. The direct implementation of Regional Head Election had brought changes to the culture of government at the regional level in terms of bureaucratic and political relations. The Election Hazard Index (IKP) noted that was in Regional Head Election in 2020. The neutrality problem of the State Civil Apparatus became the biggest problem, namely 167 regencies / cities out of 270 regions running the Regional Head Election (PILKADA) that was as the role of General Election Supervision (BAWASLU) Agency supervised the neutrality of the State Civil Apparatus, members of the Indonesian National Army, members of the Indonesian Police. The factors of the non-neutrality of the State Civil Apparatus were historical and socio-cultural factors, kinship relations, ambitions for career positions, ambiguous regulations (multiple interpretations), weak law enforcement, and low public awareness of legal culture. The government needed to review the Election Law regarding Civil Service Officers that minimized the occurrence of Corruption, Collusion and Nepotism in appointments and transfer of State Civil Apparatus (ASN) employees.]]>
<![CDATA[Child Prisoners and Their Attitudes: The Capture of Child Behavior Changes in Correctional Institutions ]]>
<![CDATA[Steny Roby Waluya]]>
<![CDATA[ Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.38688
<![CDATA[This study aims to determine how social learning changes the behavior of correctional students placed in correctional institutions. The method used in this research is a descriptive survey using a qualitative approach. Researchers conducted interviews with correctional students who were used as resource persons. Correctional students who are placed in Correctional Institutions absorb and follow most of the habits and activities carried out by adult prisoners who are in them, there are even correctional students who follow violations committed by adult prisoners so that after leaving the Correctional Institution they tend to do more evil. On average, they interact more with adult inmates so that they tend to learn everything that is in prison from adult inmates, including in terms of criminal behavior plans. After conducting research and interviews, it is known that the impact of social learning received by children when placed in an adult Correctional Institution is that children learn about positive and negative behavior carried out by friends in their social environment.]]>
<![CDATA[Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law ]]>
<![CDATA[Aprila Niravita]]>;
<![CDATA[Rofi Wahanisa]]>;
<![CDATA[Suhadi Suhadi]]>;
<![CDATA[Rahayu Fery Anitasari]]>;
<![CDATA[Bayangsari Wedhatami]]>
<![CDATA[ Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.38690
<![CDATA[Lerep village is one of the villages which is promoted as a tourism village according to Regent Decree No. 556/0424/2015 on the Establishment of a Tourism Village in Semarang Regency. The implementation is encouraged by Regulation of Lerep Village No. 4/2015 on the 2016 Working Plan of the Village Government. The development of a village as a tourism village brings positive and negative impacts. The positive impact is that the village can be more advanced and developed by utilizing its natural and cultural potential. The negative impact arising is that there is a significant development of the tourism locations, especially from outside parties. The negative impact that concerns society greatly is the allegation of irregularities or violation of spatial planning. The development will be carried out thoroughly to realize Lerep as a tourism village in terms of its human resources and the infrastructure supporting the tourism activities. The infrastructure development must be well-planned and able to optimize space use. The spatial planning must be able to provide safe, comfortable, productive, and sustainable space for all stakeholders. The realization of spatial planning is carried out by the central and regional governments by involving the society. Society plays a role in controlling space use based on functions and planning in order to realize Lerep tourism village which has awareness of spatial planning.]]>
