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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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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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Articles 110 Documents
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THE REVIEW OF INTERNATIONAL LAW ON THE CAUSES OF THE RUSSIA-UKRAINE CONFLICT Mdzinarshvili Mdzinarshvili; Siti Sa'atun
International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i1.20490

Abstract

This research is to find out the cause of the war between Russia and Ukraine that just started on Thursday, February 24, 2022. This war took place after months of increasing tensions between the two countries. On Monday, February 21, Russian President Vladimir Putin acknowledged the creation of two states in the separatist region of eastern Ukraine. Then what is the background of the conflict in Ukraine which is now expanding into a West-Russian escalation. In February 2014, pro-Moscow Ukrainian President Viktor Janukovich was ousted from power by mass protests in the capital Kiev. Previously, Janukovich refused to sign an association agreement between Ukraine and the European Union under Russian pressure. The refusal has angered many citizens who are already excited about joining the European Union. Moreover, there were many accusations of corruption of government officials, including Viktor Janukovich, who eventually fled to Russia. Russia retaliated by sending troops to the Crimean Peninsula. After taking control of Crimea, Russia has fomented a separatist insurgency in the mostly Russian-speaking eastern Ukraine, known as the Donbas region, by sending weapons to the separatists. This study uses a Historical Normative approach by collecting various literatures as the main source. The results of the analysis show that in April 2014, Russian-backed rebels seized government buildings in the Donetsk and Luhansk regions, and proclaimed the creation of two new republics. The following month, the two separatist territories applied to become part of Russia. But Moscow has not officially responded to the request. Russia is known to want to prevent Ukraine from becoming a member of NATO, like other Eastern European countries. In conclusion Moscow also denies sending troops and weapons to eastern Ukraine, saying that Russian citizens fighting in eastern Ukraine are volunteers to prevent the genocide of the Ukrainian government.
“CHILD TRAFFICKING” AS THE EMBODIMENT OF MODERN SLAVERY IN INTERNATIONAL LAW REVIEW Joko Setiyono; Aga Natalis
International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i1.17805

Abstract

The purpose of this research is to find out the implementation and actualization of international and domestic law regarding child trafficking, to find examples of multilateral international cooperation forms that have been created in the context of overcoming child trafficking, and to identify threats and solutions needed by the international community in the prevention of Child Trafficking. This research was legal research with a normative juridical approach with descriptive-analytical research specifications. Child trafficking is a form of human trafficking. This crime can be attributed to the existence and widespread of the concept of "modern slavery." Internationally and nationally, laws regarding the prevention of child trafficking and child protection have been created. Examples in the international spectrum are UNTOC Annex II: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Convention on The Rights of the Child created by UNICEF, International Program on the Elimination of Child Labor (IPEC) by the ILO, the World Congress against the Commercial Sexual Exploitation of Children, and the Palermo Protocol. With evidence of the development of child trafficking with the influence of cyberspace and information technology, the international community's concern on this issue must also increase. This is needed in making effective policies, laws, and actions in overcoming the crime of child trafficking. 
LEGAL PROTECTION FOR CHILDREN IN THE CRIME OF THEFT Agustri Heriyanto; Erwin Owen Hermansyah; Dwi Atmoko
International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i1.21546

Abstract

The purpose of this research is to find out and analyze the legal protection for children as perpetrators of the crime of theft and the obstacles faced in realizing legal protection for these children. the approach method uses a normative juridical approach. The results of the research stated that legal protection for children in conflict with the law can be found in national instruments as follows: the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 4 of 1979 concerning Child Welfare, Law Number 35 of 2014 concerning child protection, Law Number 11 of 2012 concerning the Child Criminal Justice System. Then in protecting children as perpetrators of the crime of theft, a diversion system is also implemented. Diversion is a form of protection for children as perpetrators of the crime of theft which must or must be carried out. In practice, the success of legal protection for children in the implementation process of children as perpetrators of the crime of theft is not solely related to the applicable law, but it is also very dependent on the constraints that affect its implementation.
THE RUSSIA-UKRAINE WAR IN THE STUDY OF HISTORICAL LAW & CONFLICT OF STATE SECURITY AREA Grigori Sergei
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.23687

Abstract

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.
THE IRREGULARITY RELEASE OF RIGHTS TO WAQF LAND IN LAND ACQUISITION FOR PUBLIC INTEREST Suyanto Suyanto
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.26620

Abstract

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. 
THE RECONSTRUCTION OF INDONESIAN SHIPPING LAW IN THE SEA TRANSPORTATION SYSTEM FOR A SUCCESSFUL SEA TOLL PROGRAM AND IMPROVEMENT OF SHIPPING ADMINISTRATION Ong Argo Victoria; M. Aji Luhur Pambudi; Ratna K. Dewi
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.23837

Abstract

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.
THE RECONSTRUCTING LEGAL POLICIES OF THE MANAGEMENT AND CONTROL OF ENVIRONMENTAL IMPACTS FOR INDUSTRIAL AREAS IN URBAN OF CENTRAL JAVA Agus Widodo; Mohammad Belayet Hossain
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.26422

Abstract

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.
THE REALIZE EQUITABLE TEACHER PROTECTION THROUGH A NON-PENAL POLICY Yenny Aman Serah; Rini Setiawati
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.17566

Abstract

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.
THE SELLER’S LIABILITY DUE HIDDEN DEFECTIVE PRODUCTS IN THE ONLINE SELLING AND BUYING TRANSACTION BASE ON UUPK Imam Sujono; Yovita Arie Mangesti; Slamet Suhartono
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.21522

Abstract

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.
THE PROTECTION OF SOCIAL WORKERS IN THE PERSPECTIVE OF THE PRINCIPLES OF HUMANITY AND JUSTICE I Wayan Gde Wiryawan
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.24686

Abstract

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.

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