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Journal of Indonesian Legal Studies

jils
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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 humanâ€™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 247 Documents

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Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Law No. 5 of 1990 in Law Enforcement Efforts and Guarantees of Environmental Rights in Gunung Leuser National Park, Indonesia Lubis, Muhammad Ikhsan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Indonesia is renowned for its abundant natural resources and vast biodiversity. However, Indonesia also has wildlife species that are most vulnerable to the threat of extinction. Illegal wildlife trade poses a serious threat to the preservation of wildlife in Indonesia. Wildlife illegally traded based on facts found in the field is mostly a catch from nature, not from captive breeding. Gunung Leuser National Park (Taman Nasional Gunung Leuser, TNGL) as one of the national parks in Indonesia faces problems in the protection of this wildlife. This is triggered by the process of industrialization, illegal logging activities and crimes against protected wildlife. Wildlife protection in Indonesia and internationally is regulated legally through Law No.5 of 1990 and internationally through the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The role of local government, BKSDA TNGL, and related agencies in suppressing the extinction rate provides an understanding to the community of TNGL conservation areas, in particular, to reduce conflicts and clearance of plantation land by utilizing the concept of environmentally sustainable development as well as providing the mitigation measures.

Waiting List Patterns in the Implementation of Hajj: The Fulfillment of the Rights of the Congregation (Study of Central Java Province, Indonesia) Prasetyo, Arif
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

The purpose of this study was to determine patterns in the hajj waiting list by the Ministry of Religious Affairs Regional Office in Central Java, and the pattern of financial management of the waiting list in the pilgrimage by the Ministry of Religious Affairs Regional Office in Central Java in the view of Islamic economics. This research uses a qualitative method. Approach method used normative juridical. Data types are primary data types and secondary data types. Sources of data used are primary, secondary and tertiary data sources. Data analysis used is qualitative data analysis that is deductive. The results showed (1) the implementation of Hajj conducted by the Ministry of Religious Affairs of Central Java Regional Office actually only adjust to the provisions of the Ministry of Religious Affairs. (2) The pattern of financial management of the waiting list (Ministry of Foreign Affairs (MORA) Provincial/District just register and financial payments of hajj directly to account of religious ministry center. The conclusions of this study is the provision of Religious Affairs Center in the organization of the pilgrimage to the pattern waiting list quota of pilgrims in 2013 in Indonesia 211,000 people so discretion is divided 33 provinces in accordance with the Muslim population, while Java was getting quota 23 719 distributed in 35 counties and cities more than 678. The financial system is wadiah amanah, so that the system/how to finance work on the waiting list will not increase due to the result /loss.

The Application of Sharia Maqashid on the Protection of the Rights of Minority of Muslim Rohingya in Regional ASEAN (Indonesia-Malaysia) Towadi, Mellisa
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

This study aims, first, to analyze the application of the principles of Maqashid Sharia as a principle of human rights protection against the Rohingya Muslim minority. Second, assess the extent of regional efforts (ASEAN) to protect the Rohingya Muslim minority is based on the principles of Maqashid Sharia. This study is normative juridical, i.e basic research study is conceived as legal norms or rules which apply, both contained Islamic Law and International Law. Further, legal materials collected in the process were analyzed based approach to the law (statute approach) and qualitative approach. The results showed, first, the principle of Maqashid sharia are the fundamental principles that are in line with international human rights principles set forth in the Universal Declaration Human Rights of 1948, the ASEAN Charter and the international conventions that have been globally accepted. Its application carries its own moral responsibility for the ASEAN region, to encourage its member countries (particularly Indonesia and Malaysia) obligations responsibility to protect (R2P) to the ethnic Rohingya. When referring to the ASEAN charter alone, especially member states Indonesia and Malaysia will be very limited in giving aid directly to the territory of the Rohingya, given in addition to avoiding any intervention factor that arises, as well as the government of Myanmar has declared the anti-Islamic rule in the territories of its constitution. This is the regional challenges, especially for Indonesia and Malaysia as member states that embrace the principles of Islamic law once the state of the organization with Myanmar. Secondly, efforts should be made Indonesia and Malaysia are fulfilling rights Rohingya people merely when they became refugees or asylum seeker in the country. The rights can be met as a complement of the principle maqashid sharia, among others: a) freedom of religion, the right to life and freedom from fear (maintenance of soul) in this case Indonesia has established the Integrated Community Shelter (ICS) as a residence of Rohingya refugees and build mosques or places worship for Muslims Rohingya named mosque Arakan, b) fulfill the safety assurance, guarantee of human dignity (maintenance of breath), c) custody of ethnic or tribal, the right to marriage to the breeding (maintenance of descent), d) the right to education (maintenance sense), e) the right to receive a decent living by being given the opportunity to earn a living (maintenance of property).

The Protection to Victims of Violence Based on Gender as a Fulfillment of the Constitutional Rights in the Perspective of Human Rights in Boyolaliâ€™s District, Indonesia Yudhanti, Ristina; Arifin, Saru; Rismadini, Fauziah
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Cases of Gender-based violence increase from year to year and this raises concerns. The phenomenon that puts Boyolali as the district with the highest number of gender-based violence to former residency Surakarta need for follow up. This study aims to get information form of protection and the efforts that have been undertaken by the government of Boyolali District to meet the Constitutional Rights for victims of gender-based violence in Boyolali; Fulfillment of Constitutional Rights for victims of violence against women by the government of Boyolali Regency, among others; Complaint service spread in 19 districts in Boyolali District. Social Rehabilitation Services are given by officers and social rehabilitation. Spiritual guidance services provided by Spiritual guidance counselors are trained for women andChild victims of violence in the integrated service unit. Law enforcement from the level of investigation to court decisions on cases of violence against women and children has been carried out according to the procedure. Legal aid service to women and children of victims of violence. Repatriation of women and children Victims of violence. According to standard that has been set in SPM by 75%. Social re-integration services for women and child victims of violence, according to standards set out in the SPM at 100%

Fornt Matter JILS Vol 2(1) 2017 Arifin, Ridwan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Back Matter JILS Vol 2(1), 2017 Arifin, Ridwan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Revealing the Other Side of Human Rights Issue: How We Look to the Existed Various Problems Arifin, Ridwan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Human Rights in Indonesia: A Never Ending Topic Muhtada, Dani
JILS (Journal of Indonesian Legal Studies) Vol 2 No 1 (2017): The Various Aspects of Human Rights in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Policy of Development for Juvenile Delinquency in the Perspective of Indonesian Criminal Justice System Reform (Study on Institute for Special Development Children LPKA Kutoarjo, Central Java, Indonesia) Wangi, Yosefin Dika Tyas
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19434

One of the functions of Penitentiary Institution becomes an institution that basically conducts guidance to socialize the convicts back after the court decision. But in the perspective of society that prisons are a place to punish people and form a negative image in society. The succession of the Children's Penitentiary to become LPKA (Lembaga Pembinaan Khusus Anak) based on Law No.11 of 2012 seeks to change the perception of child counseling in the institution that fostered Delinquency children. But erasing the image in the community is not easy in the short term to understand the community about the function of LPKA. Thus raises the issue of Juvenile Delinquency development policy after the court decision that can be done by LPKA. Therefore, it is necessary to have policies that can be felt by the assisted citizens with special forms of protection for the children one of them is by way of mental, spiritual, and social guidance for the children in the Institute for Special Development of Children (LPKA). This paper discusses two important points, namely: first how is the policy of LPKA Kutoarjo in conducting development of juvenile delinquency, and second, what is the policy that should be towards the development of juvenile delinquency in the future.

Poverty Reduction in Perspective of Public Service Reform: A Study on Legal and Social Analysis (Case of Sragen, Indonesia) Jhody, Puguh Setyawan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19435

The problem of poverty is a complex multidimensional problem as a general social phenomenon that requires steps to overcome, systematically, integrated, and comprehensive. These efforts are used to reduce the burden and fulfill the basic rights of citizens properly to bring about a prosperous society. Current poverty reduction models tend to be misplaced, bureaucratic, weak monitoring and evaluation, overlapping authority, and budgetary wastage. Therefore, the Government of Sragen Regency established the Poverty Reduction Service Unit (UPT-PK). The unit is an integrated cross-sectoral service unit in poverty alleviation with the aim of simplifying and facilitating the poor to access government programs that are for them. The focus of research on the model of poverty alleviation services based on education, health, socio-economic, and data integrity and its implementation constraints. The research used qualitative research approach of law with type of sociological juridical research using analysis of interactive analysis models. Poverty reduction is the policy of the Government of Sragen Regency in realizing the welfare of the community.

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