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All Journal Diponegoro Law Review Journal of Indonesian Legal Studies
Yusriyadi Yusriyadi
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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DEVELOPMENT OF AN IDEAL MODEL BASED ON POSITIVISM AND ITS IMPLICATION TOWARDS LEGAL SCIENCE AND LAW ENFORCEMENT Yusriyadi Yusriyadi
Diponegoro Law Review Vol 5, No 2 (2020): Diponegoro Law Review October 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (703.223 KB) | DOI: 10.14710/dilrev.5.2.2020.231-244

Abstract

The development of legal science and law enforcement is one of the main issues in many countries. The focus of this writing is positivism and its implication towards legal science and law enforcement. Two problems are proposed in this writing there are the implication of positivism towards legal science and law enforcement and the development of legal science and law enforcement ideally. To analyze the problems, socio-legal concept and approach are applied. The analysis found that there is an implication of positivism towards legal science and law enforcement. The implication is more negative than positive. Legal science has turned into a practical science with scientific object limited to legal regulation (lege, lex), while law enforcement has turned into being formalistic and legalistic in nature, and no longer a search of justice and expediency. From the findings, it is concluded with a recommendation of an ideal model of legal science and enforcement, which is called integration/harmonization model. To achieve this ideal model, a change of mindset from mere formalistic-legalistic positivism into a new mindset of integration/harmonization of idealism, positivism, and sociological schools of thought is required..
IMPLEMENTATION OF SIMPLE, FAST AND LOW-COST PRINCIPLES IN E-SUMMONS WITH THE E-COURT SYSTEM Dian Latifiani; Yusriyadi Yusriyadi; Agus Sarono; Esmi Warassih Pudjirahayu; Suryo Adi Widigdo; Nur Arif Nugraha
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.107-123

Abstract

Courts are expected to provide various advantages, namely speed, consistency, accuracy, and reliability. The judiciary in Indonesia adheres to a simple, fast, and low-cost trial. The reality in Indonesia is that case resolution is long-winded, expensive, and inefficient. The existence of technological developments brings benefits, especially in the world of justice where the judicial system that was originally based on conventional has shifted to an electronic-based justice system from then a new problem arose. E-Summon, which should make it easier to call parties, does not apply to people who are not familiar with technology. E-Summon is considered ineffective because the e-court system sometimes has errors and is considered long-winded because justice seekers who are not yet technologically savvy are required to have an email, be able to operate it, and must be ready if they get a call. This study examines how to optimize the E-Summons feature in realizing a simple, fast, and inexpensive E-Summons system. settlement of civil cases. The results show that the implementation of E-Summons has not been able to run optimally. The not yet optimal implementation of E-Summons is caused by the legal culture of the community that has not been able to accommodate the implementation of E-Summons. The legal culture of the people who are not used to operating e-mail and the lack of openness of technological insight which is the main capital in the implementation of E-Summons, the implementation of E-Summons has not run optimally.
The Intersection of the Progressive Law Theory and the Self-Declaration Concept of MSEs Halal Certification Akhmad Khalimy; Yusriyadi Yusriyadi; Ro'fah Setyowati; Syahruddin Syahruddin; Abdul Muizz Abdul Wadud
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.66087

Abstract

The self-declaration by Small Micro Enterprises (MSEs) for obtaining a halal logo has both advantages and disadvantages. Proponents argue that self-declaration makes it easier for MSEs to acquire a halal certificate, reduces the submission period, and streamlines the certification process. However, opponents argue that self-declaration violates certain laws, such as the UUJPH and the Consumer Protection Act. The Omnibus Law (UUCK) conceptually includes halal in the licensing cluster to facilitate business, but the Constitutional Court has deemed UUCK formally flawed and conditionally unconstitutional. Self-declaration simplifies the licensing process for obtaining a halal certificate specifically for SMEs. It waives certification fees, reduces processing time, and simplifies aspects of business licensing. MSEs can obtain a free certificate through self-declaration if their products meet certain conditions, including not being at risk, being made from natural ingredients, being halal, having a simple production process, having assistance with Halal Production Process (PPH), and being supported by an MUI fatwa. Progressive law recognizes that the law is not absolute or final, but an evolving process aimed at achieving justice and improving human lives. This article explores the intersection between self-declaration and Satjipto Raharjo's progressive legal theory. It highlights the shared objectives of realizing justice, assisting MSEs in obtaining halal certification, humanizing the law, facilitating licenses for MSEs, and adapting regulations to societal changes. The approach encourages breaking and making rules to create progressive laws and involves business actors and companions in the halal certification process, making the law responsive and participatory.
ADAT NATIONAL PARK AS LEGAL POLITICS OF LIVING SPACE OF ANAK DALAM TRIBE Muhamad Erwin; Yusriyadi Yusriyadi
Diponegoro Law Review Vol 9, No 1 (2024): Diponegoro Law Review April 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.1.2024.87-103

Abstract

The Anak Dalam Tribe in Bukit Dua Belas National Park faces significant challenges due to conflicting paradigms between state control over national parks and customary land rights which sacrifice the interest of Anak Dalam Tribe. This study underscores the urgent need for a shift in the conservation legal paradigm to safeguard the tribe's living space. Employing a non-doctrinal research method, it examines law as a social reality within the tribe's habitat. The findings advocate for a new conservation model termed "Adat National Park." This model integrates traditional, environmentally friendly practices in collaboration with the National Park Authority. Such an approach aims to harmonize state conservation efforts with indigenous land rights, ensuring the tribe's active participation in management and the preservation of their cultural and ecological heritage. By adopting this model, it is possible to create a balanced and sustainable conservation strategy that respects both state interests and the rights as well as traditions of the Anak Dalam Tribe.
Co-Authors Abdul Muizz Abdul Wadud Agus Sarono Akhmad Khalimy Dian Latifiani Esmi Warassih Pudjirahayu Muhamad Erwin Nur Arif Nugraha Ro'fah Setyowati Suryo Adi Widigdo Syahruddin Syahruddin