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INDONESIA
Journal of Indonesian Legal Studies
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 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.
Arjuna Subject : -
Articles 247 Documents
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Confronting E-Government Adoption in Indonesian Local Government Martitah, Martitah; Arifin, Saru; Sumarto, Slamet; Widiyanto, Widiyanto
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.47795

Abstract

Indonesia passed an e-government law in 2018, ushering the country's society into the information age across a range of sectors, including social, economic, communication, transportation, literacy, and public services. This transformation has benefited enormously from the facilitation of information technology in terms of productivity, comfort, compassion, and time elapsed. Local governments in Indonesia, on the other hand, are slowing the adoption of e-government, which has progressed to the second stage of implementation, which is the introduction or integration of cross-sectoral systems. This article claims that local governments face challenges in this second stage as a result of departmental egos that make it difficult to unite around shared objectives. The whole government approach is suggested in this paper as a concrete policy strategy for eradicating sectoral egos within local government departments. It places a premium on collaboration in order to accomplish the government's vision and objectives.
Four Conditions for Recognition of Traditional Society in the Constitution and State Revenue Income Adnyani, Ni Ketut Sari; Atmaja, Gede Marhaendra Wija; Sudantra, I Ketut
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.48044

Abstract

This article is an interpretation of Article 18B paragraph (2) of the Indonesian constitution: four requirements for recognition of traditional societies. Using sustainable tourism development as a case study, explores the important contribution of genealogical territorial participation and the limits of recognition of the role of the State in providing legal protection and traditional societies as the main coders of legal pluralism. This exploration reveals four different conditions: conditions for survival, dynamic conditions, conditions in accordance with the principle of integration, and regulated by law. The fact that these conditions are so intricately interwoven poses unique challenges for academics and legal practitioners, but also provides a potential blueprint for constitutions and state revenues.
Elimination of Sexual Violence in Feminist Legal Theory Widyawati, Anis; Pujiyono, Pujiyono; Rochaeti, Nur
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.48346

Abstract

The closeness of women to poverty shows that development still maintains women's subordination and places women in a marginal position. What is the analysis of the Feminist Legal Theorist (FLT) in the elimination of sexual violence? Feminist Legal Theory (FLT) as one of the streams in Philosophy of Law is one of the schools of thought that was born from the main philosophy of the paradigm of Critical Theory Feminist Legal Theory (FLT) as one of the streams in the paradigm of critical theory. It is used to analyze the complexity of the needs of victims, both women, girls, boys, and girls. The Bill on the Elimination of Sexual Violence uses the Feminist Legal Theory (FLT) as an analysis so that in every norm that is formulated this bill always considers what specific experiences of women, especially victims of sexual violence. Legal protection against the elimination of sexual violence is a form of implementation of the second principle of Pancasila, namely a just and civilized humanity.
Tomini Gulf Maritime Axis in International Law Review Towadi, Mellisa; Mandjo, Julius T
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.49667

Abstract

This article is based on the concept of a maritime axis based on several issue points in the Tomini Gulf area, researched to map issues based on a review of International Law. The article focuses on the existing conditions of the tomini bay area in its management and protection but at the level of the maritime sector that is related to the issue of security defense of the gulf tomini waters. Based on normative juridical methods, the article explains that the gulf of tomini which is semi-enclosed water, still requires significant support from the executive elements, especially in terms of regional cooperation and international cooperation in the fields of economy, defence and security. This is concerned with the territorial and EEZ regions that simultaneously border the Pacific Ocean and the development of the Gulf of Tomini from the aspect of prosperity and security. Moreover, the state does not have to refer to only one international intrusion. However, maritime synergy is needed in all aspects of the tomini bay waters, be it from environmental, utilization and socio-cultural economy. Some specifically regulated international conventions need a more profound review to implement a targeted management system and definite legal protection at the regional level.
Legal Protection Policy for Minority Groups (Evidence from Aboge Group in Purbalingga Indonesia) Diniyanto, Ayon
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.49935

Abstract

The Aboge Islamic Community in Onje Village is part of a community whose existence must be protected. Without protection, the Aboge Islamic Community in Onje Village has the potential to lose its existence. This study found three hypotheses of problems faced by the Aboge Islamic Community in Onje Village. The three problems include conditional problems, empirical conditions, and sociological conditions. The formulation of the research problem is how to protect the Aboge Islamic Community in Onje Village? and is there a need to protect the Aboge Islamic Community in Onje Village? The research method used in this research is to use a qualitative research approach. This type of research is juridical and sociological. This study succeeded in finding data related to efforts to protect the Aboge Islamic Community in Onje Village. The protection efforts are carried out from within and from outside. Then the researchers also found data related to whether or not a protection policy was needed for the Aboge Islamic Community in Onje Village. The researcher analyzed that the data in the field was found to be necessary and unnecessary. Then the researcher stated that there needs to be a legal policy to protect the existence of the Aboge Islamic Community in Onje Village. The conclusions in this study are to answer two problem formulations
The Right to Nationality and Repatriation under International Law: A Study on Biharis in Bangladesh Islam, Mohammed Tahmidul; Mia, Md. Tuhin; Islam, Mazharul
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.50499

Abstract

This article aims to examine the legal position of Biharis in Bangladesh and their status in international law. It also reiterates the position of the international community, repatriation rights and judicial decisions on Bihari issues. Despite giving the citizenship rights to the Biharies in Bangladesh many of them did not renounce their Pakistani citizenship and actively refused to integrate with majority Bengalis. Therefore, the Bihari people’s right to get into Pakistan, their homeland, is an internationally recognized right having the force of customary international law. The article is based on secondary data materials. The key sources of this article include textbooks, journal articles, daily newspapers and online documents. The study has also relied on international instruments and decided cases of Apex Court of Bangladesh and Pakistan. The article found that Pakistan has violated and continues to violate the Biharis international right to get into their state of nationality by refusing repatriation. Besides, the new generations of stranded Biharis have mostly rejected their forefather’s stances and ideologies. Hence, the government should give them full opportunity to educate themselves to become productive citizens of Bangladesh.
Customary Delict of Penglipuran Bali in the Perspective of the Principle of Legality: A Dilemma and Arrangements for the Future Adhari, Ade; Widyawati, Anis; Windia, I Wayan P; Hutabarat, Rugun Romaida; Tania, Neysa
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.50555

Abstract

In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".
Reform Regulation of Novum in Criminal Judges in an Effort to Provide Legal Certainty Saputra, Rian; Ardi, Muhammad Khalif; Pujiyono, Pujiyono; Firdaus, Sunny Ummul
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.51371

Abstract

The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judicial review (hereinafter abbreviated as PK) by a suspected narcotics abuser with a novum (new evidence) in the form of previous judges' decisions. In this case, this study aims to conceptualize how the regulation of PK legal remedies in criminal cases should be. This research is a normative legal research, the approach used is a case approach, a comparative approach, and a conceptual approach, with a literature study research technique. After knowing the arguments for the admissibility of submitting a PK in the form of a District Court Decision, the author makes several comparisons with the Criminal Procedure Code (America and France), and concludes based on this comparison that the use of the basis for submitting a PK should be regulated clearly and firmly in the Criminal Procedure Code, because the two countries in its criminal procedural law it expressly states that the submission of a PK must be based on new facts and evidence which, if presented at the previous trial, has the potential to reduce or even abort the prosecution's charge
Corrective Justice and Its Significance on the Private Law
Journal of Indonesian Legal Studies Vol 7 No 1 (2022): A Discourse of Justice and Legal Protection in Domestic and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i1.46691

Abstract

This article attempts to explore corrective justice and its significant role in private law. There are many justice perspective on private law, but corrective justice is part of the view that have significant role in the work of private law. Breaking the private property right charges someone to take responsibility. To what extent private law rules responsibility of the someone. Corrective justice can be meassurement to take responsibility. Corrective justice can be traced back to Aristotle's ideas of justice and Kant's ideas of rights. Hans Kelsen sharply criticized the concept of corrective justice for only proposing formal ideas without touching anything substantial. Apart from this criticism, corrective justice remains very important in private law studies because it provides solutions between two private actors in which one benefits from the losses experienced by the other. So far, the dispute settlement mechanism in private law gives the winning party a full share, while the loser does not receive any share at all. Corrective justice offers a quantitative measure that balances what the defendant is deducting and what is added to the claimant's loss. The application of this principle encourages the creation of equal punishment between the disputed parties.
The Position of Indegenous People in the Culture and Tourism Developments: Comparing Indonesia and East Timor Tourism Laws and Policies
Journal of Indonesian Legal Studies Vol 7 No 1 (2022): A Discourse of Justice and Legal Protection in Domestic and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v7i1.52407

Abstract

The expansion of development brings many impacts, including in the discourse of indigenous peoples in the midst of tourism development. On the one hand, culture and indigenous peoples are the main pillars in the use of culture-based tourism such as in Bali, Indonesia, but on the other hand, tourism development raises questions about legal protection for indigenous peoples. This study aims to analyze and compare various laws and policies in tourism development in Bali (Indonesia) and Atauro (Timor Leste) and the position of indigenous peoples in the midst of various tourism policies. By comparing several related policies, this research found and confirmed that existing cultural arrangements were limited to the cultural identity of indigenous peoples and as a tourist attraction for Indonesia, but there are no regulations that give a definition of culture as an economic resource. In Timor Leste, Ecotourism management in Beloi Village is still far from the plan. The government as policy makers and facilitators impressed walk alone in terms of management tourist.

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