International Journal of Law Reconstruction
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
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<![CDATA[THE RUSSIA-UKRAINE WAR IN THE STUDY OF HISTORICAL LAW & CONFLICT OF STATE SECURITY AREA ]]>
<![CDATA[Grigori Sergei]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.23687
<![CDATA[This study aims to provide an explanation of the history of the conflict between Russia and Ukraine during the reign of Vladimir Putin. Considering the Russo-Ukrainian conflict has become a war that is not only carried out by two countries, but many western countries interfere in this matter with their respective political goals. The conflict in Ukraine from the beginning was just the escape of Crimea from Ukraine to Russia, it was later followed by separatist efforts in other regions in Ukraine, in the eastern region which was also dominated by ethnic Russians. As a result, the US and NATO immediately sought to intervene to prevent the fall of Ukraine to Russia. So all the maneuvers of the US and NATO were immediately responded to by the maneuver of Russia deploying its troops and weapons on the Ukrainian border. The method used in this study applies quantitative methods with data collection techniques obtained from various literatures. The references used are literature studies on various books, newspapers, clippings, scientific journals, the internet, and other documentation that contains information about the conflict between Russia and Ukraine during the reign of Vladimir Putin in 2012 - 2018. The conclusions of this study is that Russian President Vladimir Putin claimed and emphasized that the act of sending Russian military forces to Ukraine and Crimea (NATO) is a form of Russian preparedness in case of violence and other things that can hurt Russian citizens who live in Ukraine and Crimea.]]>
<![CDATA[THE IRREGULARITY RELEASE OF RIGHTS TO WAQF LAND IN LAND ACQUISITION FOR PUBLIC INTEREST ]]>
<![CDATA[Suyanto Suyanto]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
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DOI: 10.26532/ijlr.v6i2.26620
<![CDATA[This study purpose was to investigate government regulation in land acquisition for public interest originating from waqf land, mechanism of release rights by nazhir to the state, and nazhir's position in the Waqf Law as waqf land manager. This study used normative legal research type, by using primary legal materials with philosophical approach, legislation and conceptual approach. The results were waqf land whose rights registration in the name of Nazhir cann’t be transferred in any form of transfer rights, with exception of the transfer for public interest after obtaining written permission from the Minister with approval of the Indonesian waqf body which can be exchanged for objects whose benefits and exchange value are at least similarly. The provision of compensation in land acquisition after obtaining replacement land rights to waqf land are released by the waqf holder (nazhir) to the state. The mechanism doesn’t go through the waiver of rights, because Nazhir is not the owner of the land, but through the mechanism of revocation of land rights, after Nazhir received compensation for land compensation, the state revoked the rights to the waqf land because the Law on the revocation of land rights in land acquisition is still in effect. ]]>
<![CDATA[THE RECONSTRUCTION OF INDONESIAN SHIPPING LAW IN THE SEA TRANSPORTATION SYSTEM FOR A SUCCESSFUL SEA TOLL PROGRAM AND IMPROVEMENT OF SHIPPING ADMINISTRATION ]]>
<![CDATA[Ong Argo Victoria]]>;
<![CDATA[M. Aji Luhur Pambudi]]>;
<![CDATA[Ratna K. Dewi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
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DOI: 10.26532/ijlr.v6i2.23837
<![CDATA[Indonesia uses Pancasila Democracy as the main foundation as well as a source of law in the nation and state (staatfundamentalnorm). One of the sounds of the 5th principle of Pancasila is, "Social Justice for All Indonesian People" which means fair to fellow human beings, fair to oneself and fair to God (Pancasila Justice Value). The purpose of this justice in particular must cover the growing system of exploitation of authority and ambiguity in the shipping world from the strong to the weak and must also narrow the socio-economic gap in the lives of seafarers, so that prosperity is achieved that reflects that Indonesia deserves to be called a World Maritime Axis Country as in history. Srivijaya & Majapahit. However, the fair principle has not been fully enforced and there is discrimination, especially the application of several articles in Act No. 17 of 2008 concerning Shipping. This research is a qualitative research with constructivism paradigm and sociological juridical approach. The formulation of the problem in this thesis are; 1) Why is Act No.17 of 2008 concerning Shipping in the Indonesian Sea Transportation System Not Fairly Pancasila?, 2) What are the Weaknesses of Act No.17 of 2008 concerning Shipping that Affects the Suboptimal Sea Transportation System in the Success of the Toll Program Sea and Shipping Administration in Indonesia?, and 3) How to Reconstruct Act No. 17 of 2008 concerning Shipping in the Sea Transportation System for the Success of the Sea Toll Program and Improvement of Indonesian Shipping Administration based on Pancasila Justice Value? The purpose of writing this thesis is to reconstruct several articles in Act No. 17 of 2008 concerning Shipping which contain weaknesses in the Sea Transportation System for the Success of the Sea Toll Program and the Improvement of Indonesian Shipping Administration Based on Pancasila Justice Value. The results of this research are that there are several reconstructions of articles, namely Article 28 paragraph (6) in terms of granting ship operating permits held by the Directorate General, Syahbandar and specifically ASDP by the Land Transportation Management Center (BPTD), Article 59 is reconstructed with the addition of revocation of one's authority to become a crew member in the event of a serious criminal offense. Article 61, paragraph (3) is reconstructed with the addition of ship requirements and specifications. Article 151 (1) is reconstructed with the addition of a paragraph that regulates the affirmation of the welfare of seafarers and Article 169 (1) is reconstructed by giving criminal sanctions not only administrative sanctions. It is hoped that with this reconstruction the Sea Transportation system in the Sea Toll Program will be able to improve the Shipping Administration System in Pancasila Justice Value.]]>
<![CDATA[THE RECONSTRUCTING LEGAL POLICIES OF THE MANAGEMENT AND CONTROL OF ENVIRONMENTAL IMPACTS FOR INDUSTRIAL AREAS IN URBAN OF CENTRAL JAVA ]]>
<![CDATA[Agus Widodo]]>;
<![CDATA[Mohammad Belayet Hossain]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
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DOI: 10.26532/ijlr.v6i2.26422
<![CDATA[The pace of development is often faced with the challenge of decreasing the quality of a healthy environment. Meanwhile, the management and control of impacts must continue to be pursued properly and committed to maintaining health and environmental sustainability. This article aims to describe how environmental management in the city of Semarang is amid the rapid industrial growth in the area and what obstacles and challenges are faced. This study uses an empirical juridical approach with qualitative analysis techniques. The study results indicate that the strategy for controlling environmental impacts includes developing priority programs and strategies. The program can be measured in a certain time with clear benchmarks of success, structuring regulations in the field of pollution control, increasing the commitment of decision-makers in government and society, and community participation in environmental impact control programs. On the other hand, the function of Central Java’s Environmental Impact Control Agency (Bapedalda) is to monitor the implementation of Environmental Feasibility Study (EFS), evaluate environmental impact control activities and EFS implementation in the region, provide recommendations for determining EFS approval, make efforts to inform EFS, carry out technical guidance and supervision of environmental impact control, restore the environmental quality of life and control pollution and environmental damage.]]>
<![CDATA[THE REALIZE EQUITABLE TEACHER PROTECTION THROUGH A NON-PENAL POLICY ]]>
<![CDATA[Yenny Aman Serah]]>;
<![CDATA[Rini Setiawati]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.17566
<![CDATA[Teacher protection has been regulated in various laws and regulations, both laws, government regulations to ministerial regulations, but the reality of teachers is still faced with problems, including the weak legal protection. Facts are revealed when problems are encountered, such as teachers experiencing criminalization with allegations of committing violence in the learning process, teachers must face the legal process themselves, and there is no mechanism for handling them. In order to realize equitable teacher protection, this study uncovers the problem of how to develop a model to realize equitable teacher protection through a non-penal policy approach. This research was used the transdisciplinary approach involving several stakeholders through the sociological juridical research method, the results of research on the importance of being regulated by regional policies were obtained through the establishment of the Legal Service and Teacher Protection Unit (UPHPG) which is a coordinating institution to solve the problem of criminalizing teachers by prioritizing non-penal policies. The non-penal policy in handling the problem of teacher criminalization through UPHPG is formulated an integral and comprehensive handling mechanism involving several stakeholders and prioritizing prevention efforts through communication, information and education to all parties, providing consultation and legal assistance as well as legal assistance services to good teachers.]]>
<![CDATA[THE SELLER’S LIABILITY DUE HIDDEN DEFECTIVE PRODUCTS IN THE ONLINE SELLING AND BUYING TRANSACTION BASE ON UUPK ]]>
<![CDATA[Imam Sujono]]>;
<![CDATA[Yovita Arie Mangesti]]>;
<![CDATA[Slamet Suhartono]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.21522
<![CDATA[The seller offers goods with online media by relying on the description of the goods in the form of videos or photos so that consumers cannot directly check the goods to be purchased. This article analyzes the seller's liability due to hidden defects in online buying and selling transactions. This study uses a normative juridical approach. Results of the study show that hidden defective products sold by sellers in online transactions are the absolute responsibility of the seller as regulated in Article 19 of the UUPK, as well as the provisions of Articles 1365 and 1865 of the Civil Code, namely the seller is responsible for the goods sold. However, this responsibility must be proven that the seller did make a mistake, and the result of the mistake has been detrimental to the consumer. Besides the obligation of consumers to be careful, consumers also need to get protection.]]>
<![CDATA[THE PROTECTION OF SOCIAL WORKERS IN THE PERSPECTIVE OF THE PRINCIPLES OF HUMANITY AND JUSTICE ]]>
<![CDATA[I Wayan Gde Wiryawan]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.24686
<![CDATA[Social problems in Indonesia are so complex. This condition is not matched with the insufficient number of social workers to overcome these social problems. As a result, the social workers experience an overload work. Their jobs are also prone to stress because they have to deal with problems every day. In this research, there are two issues that will be discussed, namely the role of social workers and the tendency of threats to them and protection of the rights of social workers. Social workers are jobs that require expertise and skills to solve problems in relation to legal processes, medical services, spiritual services and so on. In carrying out these jobs, they also tend to experience threats and violences in carrying out their duties. In the concept of the welfare state, the state exists to protect social workers as legitimized in the Law of the Republic of Indonesia Number 14 of 2019 concerning Social Workers. Social workers have the right to legal and labor protection.]]>
<![CDATA[THE LEGAL PHILOSOPHY AND JUSTICE VALUES IN THE ACQUISITION OF LAND RIGHTS IN INDONESIA: A NORMATIVE LEGAL RESEARCH ]]>
<![CDATA[Tri Widiyono]]>;
<![CDATA[Md Zubair Kasem Khan]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.26841
<![CDATA[This study aims to describe the authority to control land by the state in various legal and regulatory arrangements from the Basic Agrarian Law, constitution, and other derivative regulations. The object of this study is the various types of land rights that are stated in the various legal arrangements. The method used in this research is normative legal studies that examine legal products with a statutory approach. The findings describe that the 1945 Constitution and the regulations under it regulate how to obtain land rights in order to fulfill the nature and elements of the law. Some of the main things regulated in the legislation are in order to balance the public interest and the sustainability of the national economy. The findings have theoretical implications for regulatory arrangements on aspects that have not been regulated by law. The findings of this study underscore the importance of synchronizing land arrangements at the national level, as well as suggesting harmonization of land laws to avoid overlapping and at the same time accommodate various needs, including public interests, economic development, individual and social interests. Philosophically, this research underscores the aspect of people's prosperity as the most important basis of authority originating from the right to control by the state.]]>
<![CDATA[THE LEGAL IMPLICATIONS OF SIGNING THE UNWTO FRAMEWORK CONVENTION ON TOURISM ETHICS FOR THE SUSTAINABLE TOURISM DEVELOPMENT IN INDONESIA ]]>
<![CDATA[Cok Dian Laksmidewi]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i2.17685
<![CDATA[Indonesia's international relations in the world association have implications for its commitment to participate in various global issues, including tourism. The UNWTO Framework Convention on Tourism Ethics is an international agreement made to reorganize tourism business ethics. In this study, there are two issues discussed, namely Indonesia's engagement in The UNWTO Framework Convention on Tourism Ethics and tourism business ethics in the perspective of human rights. Indonesia became the first country to sign the UNWTO Framework Convention on Tourism Ethics. Normatively, the signing of this international agreement is followed by the deposit of the instrument of ratification, acceptance or approval stating the State's approval to be bound by the treaty at the international level. Indonesia's engagement in The UNWTO Framework Convention on Tourism Ethics signifies Indonesia's commitment to rebuild tourism based on business ethics. The business ethics in sustainable tourism development will be oriented to the fulfillment of human rights. Ratification of this convention places a legal obligation on States to promote responsible and sustainable tourism development, conserve the cultural and natural tourism resources of destinations, protect local communities and ensure a responsible, sustainable and universally accessible sector.]]>
<![CDATA[VICTIM BLAMING: LABELING FOR WOMEN VICTIMS OF SEXUAL VIOLENCE IN HUMAN RIGHTS PERSPECTIVE ]]>
<![CDATA[I Made Wirya Darma]]>;
<![CDATA[I Gusti A A Mas Triwulandari]]>;
<![CDATA[Dewi Bunga]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction ]]>
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DOI: 10.26532/ijlr.v6i2.23887
<![CDATA[The problem of blaming victims is related to the strong traditions and culture of the community that still perpetuate gender stereotypes. This study aims to examine the implications of patriarchal culture on the position of women as subordinates, the concept of blaming the victim against the women victims of sexual violence and human rights studies on victim blaming and labeling for women victims of sexual violence. The culture of gender injustice in the society makes women often get negative labels, in which the women who look beautiful and dress up using rather tight and sexy clothes are always considered as inviting the opposite sex to commit sexual harassment. This is then always used and associated with labeling of victims of sexual harrasment in which the society tends to blame victims of sexual harrasment or victim blaming. This type of research is a normative juridical research that is prescriptively providing solutions to the legal protection for victims related to victim blaming and labeling women as victims of sexual violence in the view of human rights that difinitely violates the constitution and law.]]>
