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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
Legal Protection towards the Beneficiaries of PT Asuransi Jiwasraya due to Payment Defaults of the Jiwasraya Savings Plan: A Critical Review Rizky Amalia Solichin
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38691

Abstract

The failure of Jiwasraya's claim settlements was since it was not a part of their insurance product and it did not comply with UU No. 40 Tahun 2014. The creation of this research article is to comprehend the unlawful effect of such failure and places responsibility on parties deemed responsible for the losses caused. This research is normative-law research-based, given the evidence of the mismanagement of PT. Asuransi Jiwasraya did not comply with the law and how their board of management disobeyed good governance. Theoretically, PT. Asuransi Jiwasraya bears responsibility, as mentioned in their contractual liability that holds the company responsible. As such is the right of the owner of the insurance policy bought from PT. Asuransi Jiwasraya. As PT. Asuransi Jiwasraya is a state-owned enterprise - the Indonesian government is also partly responsible for its failure. With that in mind, the government has mandated restructuring the Financial Services Authority (OJK) and increasing financial surveillance on PT. Asuransi Jiwasraya, putting the insurance company on a short leash.
Employees' Readiness on Mutation in Higher Education Setting: A Perspective of State Administration and Employment Law Siti Mursidah; Eko Handoyo; Mulyo Widodo
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38694

Abstract

The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position. The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder? This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions. The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support
Protection of People Living Conflict A Case Study in Yemen Yordan Gunawan; Aisah Nur; Fauziah Nauri Qisty; Mohammad Hazyar Arumbinang
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38695

Abstract

The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.
How does the government reduce unemployment? Legal Policy Analysis of the Government's Role in Strengthening SMEs in Indonesia Auliya Rochman
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38697

Abstract

Micro, Small and Medium Enterprises (MSMEs) are proven to be the main movers in the real sector that have a direct effect on national economic growth, especially to reduce unemployment. This research is a normative research with a legal approach, historical approach, comparative and conceptual approach. There is a problem regarding the role of the government regarding MSMEs in reducing unemployment and increasing economic growth considering that the Indonesian State is currently only actively promoting the economic development sector. In Indonesia, a developing country that needs a lot of improvement in the economic sector, especially small and medium businesses. Through Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (MSMEs), the government hopes that through the role of MSMEs, the Indonesian economy will run well to increase job vacancies and reduce unemployment.
Cyber Terrorism Criminal Acts in the Perspective of Transnational Organized Crime Okti Putri Andini
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38698

Abstract

This research was conducted to explain the legal instrument governing Cyber terrorism from an organized transnational crime perspective as well as analyzing the modus operandi used by Cyber terrorism. This research is a normative legal research using a qualitative approach to finding data sources by studying all the laws and regulations concerned with Cyber terrorism. Because this research is a normative legal research then the data sources used in this research are secondary data sources. In collecting data, authors conduct literature studies and the validity of the obtained data is examined using triangulation techniques. Then the results are analyzed and presented using a descriptive analytical method. The results of this study found that there were several international conventions that could be used as legal instruments for Cyber terrorism. And based on the study by the authors modus operandi used by terrorists in committing Cyber terrorism very diverse namely through: hacking, propaganda, fraud, DDoS attacks and the spread of viruses, worms or malware. The outcome of the results are: although there is no legal instrument that governs Cyber terrorism but some of the relevant and existing international conventions can be used as Cyber terrorism law resource, and it can be noted that there are various of modus operandi used by terrorists in Cyber terrorism.
Environmental Law and Mining Law in the Framework of State Administration Law Natasya Arsyiprameswari; Muhamad Adji Rahardian Utama; Seno Adhi Wibowo; Vania Shafira Yuniar
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38699

Abstract

Environment in Indonesia concerning land, water, and air in the territory of the Republic of Indonesia. All these environmental media are the containers where we live, live and breathe. Healthy environmental media will give birth to the current generation of human beings and generations will come a healthy and dynamic. Industrial development, forest exploitation as well as busy and crowded traffic flows due to development that continues to evolve, providing side effects. These side effects result in the land we live in, the water we use for the life and the air we breathe. If the soil, water and air eventually can no longer provide a climate or condition that is feasible for us to use, the pollution or environmental damage has occurred. This study aims to analyze environmental law and mining law provision in the context of state administration law. This study found that some laws and regulations concerning environmental and mining law have been provided, however in fact, there are some overlapping regulations.
The International Law Principle for People with Disabilities: Analyzing Access to Justice Ridwan Arifin; Iqbal Baiquni; Januari Nasya Ayu Taduri; Rasdi Rasdi; Zikkri Zikkri
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38701

Abstract

Disability groups are one of the groups that are vulnerable to various violations of their rights. In fact, the protection of this group has been regulated both nationally and internationally. The International Convention on the Rights of Persons with Disabilities or the United Nations Convention on the Rights of Persons with Disabilities (CRPD) clearly outlines the principles that must be met in providing protection for persons with disabilities, ranging from: (1) respecting the inherent dignity, autonomy the individual including the freedom to make one's own choices, and the freedom of people; (2) non-discrimination, (3) full and effective participation and inclusion in society; (4) respecting the differences and acceptance of people with disabilities as part of human diversity and humanity; (5) equality of opportunity; (6) accessibility; (7) equality between men and women; and (8) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to maintain their identity.
Stigma, Discrimination, and Public Perception: A Relationship between Screening for Mental Emotional Disorders and Public Perception of Mental Disorders Ichdinavia Harsaya; Alifiati Fitrikasari; Innawati Yusuf; Elly Noerhidajati; Yetty Movieta Nency
Unnes Law Journal Vol. 7 No. 2 (2021): October, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i2.38702

Abstract

Mental-emotional disorder is a condition of emotional changes that can develop into a pathological state, with a prevalence of 9.8% in people over 15 years of age in Indonesia. Public perception of people with mental disorders leads to stigma and discrimination that have negative consequences for both sufferers and their family members. The purpose of this study was to determine the relationship between mental emotional disorders and people's perceptions of mental disorders. This research is an analytic observational study with a designcross sectional.The sample in this study were employees, students and visitors of the Diponegoro National Hospital, Semarang taken by consecutive sampling method. The research instrument used a sociodemographic questionnaire, a Self Reporting Questionnaire (SRQ) 20 and a Community Attitude Towards The Mentally Ill (CAMI) questionnaire. This study found and confirmed that the subjects in this study 27.3% experienced mental emotional disorders and the majority had a counter-stigma and discrimination attitude, although there were still some who had a pro attitude towards stigma and discrimination, namely 7.3%. There is a significant correlation between emotional mental disorders and public perception of mental disorders (0.035) with a 95% confidence level. This study concludes that there is a significant relationship between emotional mental disorders and people's perceptions of mental disorders.
Supervision by the Financial Services Authority on Investment-Based Life Insurance (Unit Link) Rizky Noor Fajrina; Waspiah Waspiah
Unnes Law Journal Vol. 7 No. 1 (2021): April, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i1.38703

Abstract

Problems with unit-linked life insurance products such as product transparency where the agent does not provide a detailed explanation regarding the characteristics, benefits, risks, and costs of unit-linked life insurance. This study aims to describe the protection of unit link life insurance in Indonesia and the supervision of the Financial Services Authority, the constraints faced and the steps that must be taken so that the insurance business can run well. This study uses a qualitative, sociological juridical approach. Primary data sources were taken by interview, observation, and documentation. While secondary data obtained from legislation, books, journals, scientific articles related to research. The results showed that: (1) The protection of the unit link life insured in Indonesia is not yet in accordance with the existing regulations. Life insurance agents who violate Marketers Standards of Practice and Code of Conduct may be subject to sanctions. Preventive and repressive efforts are carried out by the Financial Services Authority in order to protect the insured. (2) Supervision of the Financial Services Authority in the insurance business is microprudential supervision which, by its nature, is divided into prudential supervision and market conduct supervision. The conclusions in this study: (1) The protection of life insurance for unit link in Indonesia is not yet fully in accordance with the applicable regulations, this is due to several life insurance agents that do not meet the applicable rules.
Controversial Criminal Punishment for Victim of the Spread of Immoral Chat Rachmadan Eka Cipta; Ali Masyhar
Unnes Law Journal Vol. 7 No. 1 (2021): April, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v7i1.38704

Abstract

The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values ​​underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.

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