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Journal of Indonesian Legal Studies
Published by Universitas Negeri Semarang
ISSN : 25481584     EISSN : 25481592     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 24 Documents
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Search results for , issue "Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context" : 24 Documents clear
The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes Ndun, Ivan; Helan, Yohanes G. Tuba; Pekuwali, Umbu Lily
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.33159

Abstract

Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.
Water, Globalization, and Liberalization Shoviani, Ari; Rodiyah, Rodiyah
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.34017

Abstract

Privatization, liberalization and globalization of water resources in Indonesia has become a complicated problem. In one hand, it will increase the economic values and investment but in the other hands it is contrary with the 1945 Constitution. Indonesian Water Resources Act has raised polemics and complaints from many parties, so that the proposed judicial review to the Constitutional Court. Finally, the Court cancelled this Act. This research is intended to analyse and describe the implementation of Water Resources Act that has been cancelled by the Court in the context of Friedman Theory, especially in Semarang City. The research emphasized and highlighted that the exploitation of water resources, as well as privatization and liberalization is not allowed by the 1945 Constitution.
Regional Financial Transparency Towards Independence of Development and Good Governance Suryana, Eka Pala; Akla, Miftahul
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.34132

Abstract

The development of technology makes the era of information openness become one of crucial issues, especially in modern technology and globalization. The modernization and globalization also affected to government management which the e-government system is one of the obligatory things. This research analyzed and describe a comprehensive picture concerning to transparency in regional financial sectors. This research tried to seek how the implementation of regional financial transparency can support the concept of good governance in Indonesia. The research emphasized that on implementing the financial transparency, the community roles have a strategic position, as well as for NGOs and community groups. They directly affected to the successful of financial transparency in regional.
The Complicated Conditions on Indonesian Law Enforcement: A Book Review Kumpulan Catatan Hukum, Dr. Reda Manthovani SH LLM, Bhuana Ilmu Populer (Kelompok Gramedia), Jakarta, 2017, 234 pages, ISBN 978-602-394-630-3 Banuati, Nabilla
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.604 KB) | DOI: 10.15294/jils.v5i1.34790

Abstract

Understanding the Contents of Indonesian Civil Law: A Book Review Perkembangan Hukum Perdata di Indonesia, Sudikno Mertokusumo, Genta Publishing Yogyakarta, 2019, 206 Pages, ISBN 978-602-0757-08-7 Azhari, Reyhan Nabillah
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.92 KB) | DOI: 10.15294/jils.v5i1.34809

Abstract

The Book titled is Perkembangan Hukum Perdata Di Indonesia (Development Of Civil Law In Indonesia). Written by Sudikno Mertokusumo, SH., MS. Published by GENTA PUBLISHING in 2019 and this book is the First Printing. The book mainly talk about How far is the Civil Law Evolve from times to time in Indonesia.
Relevance of Criminal Law Formulation in the Law of Domestic Violence Elimination in Indonesia Setyowati, Dewi; Rusdiana, Emmilia
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.35362

Abstract

Violence Against Women is becoming more and more with specific domestic violence, as well as the cause hidden behind divorce. The issue of domestic violence is arranged by The Law Number 23 of 2004 on The Elimination of Domestic Violence which contains a summary of criminal act in Article 44 to Article 53. This study attempts to analyze the philosophy of regulation of domestic violence in Indonesia and the political law of the law number 23 Year 2004 on the elimination of domestic violence is related to the principles in the formulation of criminal law. This research is a normative legal research, and was obtained by studying documentation, discussion, and literature study and with collection data is literature study and analyzed prescriptively. The authors believe that the household paradigm that is in accordance with the objectives of this law is to realize the integrity of households, and it implies the formulation of criminal law is not appropriate, so it is a manifestation of overcriminalization/ penalization.
The Constitutional Court Ultra Petita as a Protection Form of Economic Rights in Pancasila Justice Abra, Emy Hajar; Wahanisa, Rofi
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.35965

Abstract

Social justice concept has been clearly emphasized at Pancasila (the five fundamental values of Indonesia) as one of common values of Indonesia society. Pancasila also recognized as the philosophical grondslag which makes Pancasila as a reference of all Indonesian citizens and State Action, including in governance. The concept of social justice in Pancasila implies that any natural resource management that has the potential to prosper and affect the Indonesian people as a whole must be controlled by the State as well as used for the greatest prosperity of the people. This paper is intended to analyze, describe, and examine the Constitutional Court Decision concerning to social justice especially in terms of economic rights. This paper discusses various decisions of the Constitutional Court that are ultra petita. This paper illuminated and highlighted that in two Constitutional Court Decisions on Water Resources and the Decision on the Electricity Law and the Water Resources Law of the Constitutional Court in its decision to make an ultra petita decision by canceling the entire two laws, because that the article being tested is the heart of the law, thus seriously affecting the implementation of other articles in the law. Therefore, with the ultra petita decision, in the future, the Constitutional Court is expected to be more progressive and responsive in seeing the problems that occur, especially related to the basic economic needs of the Indonesian people. Because the Constitutional Court is the guardian of the constitution whose main function is to maintain Indonesia's highest legal order (constitution).
Criminal Policy of Adultery in Indonesia Widyawati, Anis
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.36786

Abstract

Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.
Final Income Tax: A Classic Contemporary Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia Tan, David; Sudirman, Lu
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v5i1.37308

Abstract

Legal profession such as advocate, law consultant and civil law notary is a profession in law that plays a dominant role in providing legal services to the Indonesian public. By providing the legal services, they are entitled to receive honorarium in return. Empirical facts actually show that these legal professions’ tax compliance are still lacking. Main questions in this research are the legal aspects related to income tax on honorariums received by legal professions in connection with the legal services they provide and the concept of reconstruction to the laws and regulations related to income tax on honorarium received by legal professions. This research will answer the legal aspects related to the laws on income tax on these legal professions’ honorarium in Indonesia and the concept of reconstruction of the regulations related to income tax on these legal professions’ honorarium so that it may provide positive impetus to the legal profession’s tax compliance, and in turn contributes to the welfare of the nation. This normative juridical research approach is conducted using secondary data consisting of primary, secondary and tertiary legal materials. The aspects of the reconstruction are using the philosophical, constitutional and juridical paradigmatic studies with the Utilitarianism Theory by Jeremy Bentham, Progressive Legal Theory by Satjipto Rahardjo and Legal System Theory by Lawrence M. Friedman as basis of analysis. The results of this study found that there is a concept of contemporary reconstruction to the laws and regulations related to the income tax on honorarium received by legal professionals.
Constitutional Amendments: Making, Breaking and Changing Constitutions (2019). Oxford: Oxford University Press, 338 pages, ISBN 9780190640484 Bisariyadi, Bisariyadi
JILS (Journal of Indonesian Legal Studies) Vol 5 No 1 (2020): Globalization, Law, and Crimes: The Various Aspects of Law in Broader Context
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.262 KB) | DOI: 10.15294/jils.v5i1.37674

Abstract

When a constitutional judge willing to spend his time to give a review to a book, it is a great sign that the book has some appeals to offer. Yet, the book that is currently will be reviewed is not only discussed by one but two constitutional judges. At the end of November 2019, two constitutional judges, Saldi Isra and I Dewa Gede Palguna, discussed a book entitled “Constitutional Amendment: Making, Breaking and Changing Constitutions” written by Richard Albert. The attention to the book did not only appear in Indonesia. In the author’s origin, North America, the book received great acknowledgment from a wide range of legal and political scholars whom people often used to reference their works. Distinguished names like Bruce Ackerman, Tom Ginsburg, Ran Hirschl, Vicki Jackson and Mark Tushnet, encourage audiences to have a close examination of this recent Richard Albert’s publication. Richard Albert, himself, is not a foreign name to political science communities, as well as constitutional law academics. Albert is one of the founders and editors of the International Journal of Constitutional Law (ICON). The book offers two distinct novelty as its strength. First, the book raised a very important issue in the constitutional discourse but rarely been discussed. the second strength of Albert’s works is his mastery in capturing the constitutional amendment process in many countries around the globe and mapping them as well as structuring their similarities.

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