Journal of Indonesian Legal Studies
LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the law has a power to sanction and punish the unlawful members of society. As a social engineering, law is intended to create an ideal society in accordance with, again, particular values and norms agreed upon by the community. Hence, law is not for law. Law is created to serve human beings. Law is introduced for the well-being of the society members. As the law is for human, and human’s situations and problems are changing, then law also needs to change and adapt to the context of the times. Here, the concept of legal reform is a key. Every society, including the Indonesian society, sometimes needs to reform the law to make it more relevant and suitable for the needs of the society.
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<![CDATA[Role of the Regional Representatives Council on Bicameral Parliament System ]]>
<![CDATA[Alkadri, Riska]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16564
<![CDATA[After third amendment of the Constitution of 1945 (UUD 1945), the Regional Representatives Council (DPD) has been formulated. The amendment directly changed the parliamentary system in Indonesia, from unicameral into bicameral. The authorities of DPD in bicameral system still not clear enough. Although it is stipulated on Article 22D of UUD 1945, the authorities is still limited if compared with House of Representatives (DPR). This paper would discuss and examine the role of regional representative council as a second chamber from representative board in Indonesian. The paper would distinguish beside the authorities also the mechanism applied by DPD and DPR.]]>
<![CDATA[The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts ]]>
<![CDATA[Lubis, Muhammad Ikhsan]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16565
<![CDATA[The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The principles of the UDHR can apply to the International Humanitarian Law, but some of the principles of the UDHR and limited humanitarian law apply in times of peace and times of armed conflict alone. Argued that the gap between International Humanitarian Law by the Human Rights bridged together through the enactment of the principles of human rights and humanitarian law principles that cannot be postponed.]]>
<![CDATA[Islamic Law Codification: The Friction on Authority of Islamic Law Establishment ]]>
<![CDATA[Afdal, Windi]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16567
<![CDATA[This paper is intended as a historical research study on renewal business through technical codification of Islamic law (Taqnin) as well as theoretical implications of the legislation (Tashri’) of Islamic law through the political authorities called parliament. The authors conclude that taqnin and tashri’ as an instrument of reform in Islamic Law is not something new from if analyzed from a historical perspective. This has been initiated in the past at least by Daulah Abbasiya in the Second Century Hijriyah or Eighth AD, but failed because of a conflict between the political authority (umara) and religion (ulama) in fighting authority of the establishment of Islamic law. This issue over and over again when codification movement and legislation of Islamic law in the modern era has theoretically implicated and it is a rare phenomenon that should be more deeply considering the renewal of Islamic law which is ongoing it contains at least one millennium old historical value.]]>
<![CDATA[Ultra Petita Decision of Constitutional Court on Judicial Review (The Perspective of Progressive Law) ]]>
<![CDATA[Sasmito, Hery Abduh]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16568
<![CDATA[This research come up from the premise that in the execution of their duties during this time, the Constitutional Court issued many decisions by some legal experts considered break the limits of his authority. One is on a judicial review which contains ultra petita decisions. Regarding to that condition, some parties considered that the Court has acted as an institution that is authoritarian and violated its authority, but on the other hand, the Court instead declared itself as the guardian of democracy and substantive justice. Author argued that, the prohibition to use a doctrine of ultra petita for judge was not generally applicable. Through normative approach and systematic interpretation said that on Law concerning to Constitutional Court (MK, Mahkamah Konstitusi) or other MK decisions did not give any possibilities for Judge to make an ultra petita decision.]]>
<![CDATA[Politics of Law on the State Control of Oil and Gas in Indonesia: Gas Liberalization and the Hesitancy of Constitutional Court ]]>
<![CDATA[Zain, Mochamad Adib]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16569
<![CDATA[This study aims to examine in depth the legal political state control over oil and gas in Indonesia. This research is a normative law by secondary law. Based on the research can be argued that the existence of Act No. 22 of 2001 on Oil and Gas can’t be separated from other state intervention. The substance oil and gas law dictation by IMF and USAID. Consequently oil and gas law is characterized by a liberal. It eliminates the mean of state control over oil and gas in Indonesia. The Constitutional Court as a judicial institution that is given the authority to judicial review of the constitution less did his part well. The Constitutional Court only eliminated some arrangements liberalization in the Act.]]>
<![CDATA[Provision of Elimination of Tax Administrative Sanctions in Indonesia on 2008 and 2015 Case: Establishment of Tax Law ]]>
<![CDATA[Anggia, Putri]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16570
<![CDATA[Elimination of administrative sanctions or Sunset Policy on 2008 intended to achieve the target of tax revenue and to strengthen the data base by providing incentives in the form of taxation, was not done due diligence measures. Removal of administrative sanctions in 2015 was motivated by the goal of achieving the target of tax revenue and more specific purpose, namely as a continuation next year, the year of law enforcement. Removal of Administrative Sanction was not in accordance with the theory of devotion. Implementation of the elimination of administrative sanction give leeway to the taxpayer to foster a sense of obligation to pay taxes, so it tends to keep the runway taxation in the theory of filial piety.]]>
<![CDATA[Indonesian’s Pillars Democracy: How This Country Survives ]]>
<![CDATA[Diniyanto, Ayon]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16572
<![CDATA[Finding Some Alternatives in Indonesian Legal Development ]]>
<![CDATA[Muhtada, Dani]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16576
<![CDATA[Role of the Regional Representatives Council on Bicameral Parliament System ]]>
<![CDATA[Alkadri, Riska]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v1i01.16564
<![CDATA[After third amendment of the Constitution of 1945 (UUD 1945), the Regional Representatives Council (DPD) has been formulated. The amendment directly changed the parliamentary system in Indonesia, from unicameral into bicameral. The authorities of DPD in bicameral system still not clear enough. Although it is stipulated on Article 22D of UUD 1945, the authorities is still limited if compared with House of Representatives (DPR). This paper would discuss and examine the role of regional representative council as a second chamber from representative board in Indonesian. The paper would distinguish beside the authorities also the mechanism applied by DPD and DPR.]]>
<![CDATA[The Relationship of International Human Rights Law with International Humanitarian Law in Situations of International Armed Conflicts ]]>
<![CDATA[Lubis, Muhammad Ikhsan]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 1 No 1 (2016): The Establishment of Indonesian Legal Concept ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
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DOI: 10.15294/jils.v1i01.16565
<![CDATA[The existence between International Humanitarian Law and Human Rights Law has a different feel from each other, though equally universal. As an example of mistreatment of prisoners of war committed by US Occupation Forces in Iraq, surely all countries say it is an international crimes (war crimes). This paper would discuss concerning how the relationship the International Human Rights with International Humanitarian Law in Situations of International Armed Conflicts. The paper argued that the relationship between human rights and humanitarian law can be distinguished but not separated. The principles of the UDHR can apply to the International Humanitarian Law, but some of the principles of the UDHR and limited humanitarian law apply in times of peace and times of armed conflict alone. Argued that the gap between International Humanitarian Law by the Human Rights bridged together through the enactment of the principles of human rights and humanitarian law principles that cannot be postponed.]]>
