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.
Articles
247 Documents
<![CDATA[Legal Protection Model for Indonesian Migrant Workers ]]>
<![CDATA[Widyawati, Anis]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27557
<![CDATA[The emergence of several large cases of migrant workers in Malaysia and Singapore as well as in several Middle Eastern countries, especially Saudi Arabia, made all the nation's components flinch. Many people argue that the problem occurs because of the low level of education of migrant workers. There are also those who say that this problem occurs because employers of Indonesian labor services companies (Pengerah Jasa Penyalur Tenaga Kerja Indonesia, PJTKI, now called Perusahaan Penyalur Tenaga Kerja Indonesia Swasta, PPTKIS) are not nationally minded and only pursue profit (profit-oriented). There were also those who argued that the cases of migrant workers occurred due to the inactivity of regulative and punitive functions of the Government of the Republic of Indonesia. Based on the background above, the problem can be formulated is how the urgency of legal protection for Indonesian migrant workers abroad and how the legal protection model for Indonesian migrant workers abroad. Research carried out at BP3TKI and the Semarang Manpower and Transmigration Office underlined that legal protection for Indonesian migrant workers abroad is very important. The urgency in legal protection due to fulfillment of the rights of victims who work legally abroad but also cannot be fully implemented properly, due to differences in legal systems with migrant workers recipient countries that do not necessarily want to protect the rights of migrant workers who experience treatment not please from their own citizens. The migrant workers who work illegally the government has not been able to fully protect the rights of victims who have experienced criminal acts. The legal protection model for migrant workers currently emphasizes the fulfillment of victims’ rights who work legally abroad, such as obtaining legal assistance from a local lawyer appointed by the ambassador of the Republic of Indonesia in the country receiving the migrant workers, mentoring by psychologists and clergy, bringing the families of victims, compensation, and insurance claims. And at the same time, for migrant workers who work illegally the government has not been able to fully protect the rights of the victims.]]>
<![CDATA[Impersonating Fishermen: Illegal Fishing and the Entry of Illegal Immigrants as Transnational Crime ]]>
<![CDATA[Lewerissa, Yanti Amelia]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27558
<![CDATA[Illegal fishing carried out by foreign fishing vessels (Kapal Ikan Asing, KIA) and Indonesian fishing vessels (Kapal Ikan Indonesia, KII) in Indonesian waters also causes other crimes such as the entry of illegal immigrants to Indonesia. This writing aims to assess the relationship between illegal fishing and the entry of illegal immigrants as a form of transnational crime. The research method used is normative legal research. The sources of legal material used are primary, secondary and tertiary legal materials related to writing. The technique of collecting data through library studies and analyzed qualitatively. The results of the study show that Indonesia as the largest archipelagic country in the world with 17,504 large and small islands and a length of coastline of 81,700 km 2 makes Indonesia a country with abundant marine resource potential. For this reason, many foreign naval fleets have made Indonesian waters as the main destination for their capture fisheries. This capture fishery company has more foreign ownership, the exploitation of marine resources that we own both legally and illegally. Likewise, this also happened in the Moluccas territory. As a province of the archipelago with an ocean area of ​​658,295 km 2 with a coastline length of 11,000 km 2, the Maluku Sea holds abundant potential for marine wealth. Arafura Sea is one of the fisheries management areas which is often the main destination for foreign-owned fishing vessels. These fresh fish from the Moluccas are stolen and taken away in fresh condition directly to the area of ​​origin of the perpetrators. Illegal fishing activities not only make Indonesia economically disadvantaged, but there is another problem, namely the existence of other crimes that usually follow the illegal fishing activities. One of them is the entry of illegal immigrants into Indonesian territory.]]>
<![CDATA[Document Study of UNNES Legality as Legal Entity State University ]]>
<![CDATA[Masyhar, Ali]]>;
<![CDATA[Maskur, Muhammad Azil]]>;
<![CDATA[Widodo, Mulyo]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27605
<![CDATA[Unit of Public Service Agency (PSA Work Unit). UNNES continues to improve itself towards better community service, which is as a Legal Entity State University. Legal Entity State University will have a highly positive impact, especially the autonomy of academic and non-academic administration and management. One of the important efforts in order to achieve the status of UNNES as a Legal Entity State University, it is necessary to form a legal document that is the basis of an organization in the form of a Statute. In the preparation of the Statute, it will not be likely to obtain a suitable Statute without the study and analysis outlined in the Academic Document. Based on this background, this research was based on the formulation of the problem on what is the rationality of the Academic Document that needs to be built, in order to produce a Statute of Legal Entity State University that is suitable for UNNES? And what is the formulation/draft of the Statute of UNNES as a Legal Entity State University in order to materialize the vision of UNNES, which is the Conservation Vision-Based University and International Reputation? Based on the formulation of the problem it is intended to produce an Academic Document of the Statute of UNNES as a Legal Entity State University and the legality document of UNNES as a Legal Entity State University, especially in the form of a constitutional Draft Statute.]]>
<![CDATA[JILS Volume 3 Issue 2, November 2018 ]]>
<![CDATA[Muhtada, Dani]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.27817
<![CDATA[Model of Implementation of Juvenile Criminal System to the Criminal Offender (Educative Perspective on Institute for Special Development Children LPKA Kutoarjo, Central Java, Indonesia) ]]>
<![CDATA[Arifin, Mokhammad Dony]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i02.22021
<![CDATA[The Kutoarjo Class I Special Guidance Institute Purworejo Regency, Central Java, the author chose as a research locus, because he wanted to see the extent of Article 1 paragraph 2 of Law Number 12 of 1995 implemented. The formulation of the problem in this study as follow: (1) how is the implementation of juvenile crime on criminal offenders in an educative perspective at the Kutoarjo Class I Special Guidance Institute Purworejo District, Central Java? (2) What is the model of the implementation of child crime on criminal offenders in an educative perspective at the Kutoarjo Class I Special Guidance Institute Purworejo District, Central Java? This study aims to: (1) Describe the implementation of juvenile crime on criminal offenders in an educative perspective at the Kutoarjo Class I Special Training Institute Purworejo District, Central Java. (2) Finding a model of the implementation of juvenile crime on criminal offenders in an educative perspective at the Kutoarjo Class I Special Guidance Institution in Purworejo District, Central Java. The results of research on the implementation of juvenile crime on criminal offenders in an educative perspective at the Kutoarjo First Class Special Guidance Institution in Purworejo Regency, Central Java have not been fully and consistently implemented. This is evidenced by the inconsistencies in the schedule for the existing children facing the law (Anak Berhadapan dengan Hukum, ABH). It is also proven by the lack of competent educators in their respective fields. With the formation that is still theoretical, it can be guaranteed that the ABH will not be able to become a new person who is confident later, because it will be continuously shadowed about jugde as a prisoner. This mindset that must be changed from now on, with various kinds of learning using the Islamic boarding school model that is taught and instilled since in prison, will bring positive impact on ABH along with its good future.]]>
<![CDATA[Cover Front Matter JILS Vol 3(1), 2018 ]]>
<![CDATA[Arifin, Ridwan]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v3i01.23245
<![CDATA[The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia ]]>
<![CDATA[Aji, Wikan Sinatrio]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v4i01.23339
<![CDATA[Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in Pati District Court.]]>
<![CDATA[The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese ]]>
<![CDATA[Paulus, Gery Mario]]>;
<![CDATA[Pello, Jimmy]]>;
<![CDATA[Sinurat, Aksi]]>
<![CDATA[ JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Negeri Semarang ]]>
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DOI: 10.15294/jils.v4i01.26962
<![CDATA[Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.]]>
