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INDONESIA
Journal of Indonesian Legal Studies
ISSN : 25481584     EISSN : 25481592     DOI : -
Core Subject : Social,
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
Construction of Ideological State Apparatus in the New Order Regime Against Communism in Indonesia Mayrudin, Yeby Ma'asan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19436

Abstract

Gramsci’s hegemony theory underlies the theory of ideological state apparatus Althusser studied in this paper, essentially also a repression of power. In empirical life, to create the subjectivity of society, the power paradigm of the New Order era relies heavily on the repressive state apparatus, and the ideological state of the apparatus. The paradigm was also known as state corporatism. This paper discusses two important things related to ideological state apparatus related to communism in Indonesia, namely: (1) the interpretation of communism in the new order regime, and (2) ideological state apparatus in the new order era.
The Prospects for Public Management Reform in Indonesia Muhtada, Dani
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19437

Abstract

After the fall of Suharto, the government of Indonesia has started to reform its public sector. The reform began with the introduction of Law 22/1999 on Regional Autonomy and Law 25/1999 on Fiscal Equalization between Center and Regions. The laws have created a huge wave of decentralization in almost all aspects of the management of Indonesia’s public sector. Yet, the future of such a reform is debatable. This article discusses the prospects for public management reforms in Indonesia. This author argues that the government needs clear rules for effective implementation of decentralization. The government also needs to reinforce the role of provincial governments as the agents of the central as well as the coordinator of district governments. Furthermore, the government needs to set standard budgeting, auditing, and reporting procedures for all local budgets, and mechanisms in order to monitor sharing of natural resources revenue and transfers. Last but not least, the role of non-government organizations (NGOs) and mass media is highly significant and required for a successful reform of public management.
Legal Reform in Indonesia Muhtada, Dani
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19438

Abstract

Democracy on Indonesian Legal Reform: How Can People Participate on Laws and Regulations Establishment Process Arifin, Ridwan
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19439

Abstract

Non-Traditional Trademarks in Indonesia: Protection under the Laws and Regulations (An Intellectual Property Law) Setyawan, Andry
JILS (Journal of Indonesian Legal Studies) Vol 2 No 2 (2017): Contemporary Issues on Indonesian Legal Reform
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v2i02.19443

Abstract

Non-traditional Trademarks also known as non-conventional trademarks develop due to business demands. The development of new trademarks like the sound, scent, three dimensions, and hologram are defined as non-traditional trademarks and non-conventional trademarks or modern trademarks. The international and national regulations of the trademarks are done through several instruments. In Indonesia, they are governed in Act No 20 of 2016 and the regulations of the Ministry of Law and Human Rights No 67 of 2016. Despite their regulations which are accommodated in the Act No 20 of 2016, the implementations of the regulation in Indonesia are as well-developed as that of other countries. The problems in the implementation of the non-traditional trademark protection are the responsibilities of the General Directorate of Intellectual Property especially in preparing the facilities and human resources.
The Implementation of Minister of Health Regulation on Performance Improvement in Individual and Community Health Service (Study of Puskesmas Bawen, Central Java) Hidayati, Selvia Ichwani
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23204

Abstract

One of public services implemented by the government is the fulfillment of public health needs. Health reform is implemented to improve health services that make it more efficient, effective and accessible to all levels of society. Towards a better and overall health insurance, the government issued Law No. 40 on the National Social Security System whereby Health Insurance is a priority that will be developed to achieve the participation of Universal Health Coverage (UHC). This paper discusses the implementation and constraint in the implementation of improving the health services performance in individual and community health services at Bawen Public Health Center (Puskesmas, Pusat Kesehatan Masyarakat). The author argued that the implementation of improving the Public Health Center performance in individual and societal health services perspective Minister of Health Regulation Number 71 of 2013 at Bawen Public Health Center has been running in accordance with the implementation indicators, but there are still some problems internally and externally that is late drugs provision that inhibit delivery Service. In addition, the attitude and clarity in providing information needs improvement.
Law Enforcement Against Fraud and/or Embezzlement (Study of KSP Intidana Central Java, Indonesia) Andryanto, Chandra
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23205

Abstract

Crime recognized as a form of act which opposing the humanity’s moral, harming people, has asocial nature, and violating law also criminal law. Because of that, crime must be eradicated, or must not let it continue until it evolves for the sake of discipline, security, and safety of people. One of the crimes that listed in criminal law (KUHP) is an act of fraud or embezzlement. The concept theory of this paper used the criminal sanctions which included: investigation, criminal act, the definition of scam or fraud, and the theories about cooperative. The paper indicated that the implementation of investigation process against perpetrator of fraud and/or embezzlement of Intidana Cooperative in Central Java’s Regional Police implemented after police report number: LP/B/426/XI/2015/Jateng/Reskrimum, November 5th, 2015 and Inquiry Warrant with number: 336b/XI/2015/Dit Reskrimum November 17th, 2015 also Investigative Warrant with number: 336a/XI/2015/DitReskrimum November 20th, 2015. The next step which the Police took is to call and inspect victims or witnesses, arrest of suspect, detention of suspects and seizure of evidence. The investigation process by the investigator and the assistant investigator begins by contacting the complainant and completing the initial investigation administration then conducting the inspection of witnesses and the collection of evidence, determining and seeking, conducting the suspect's examination by arrest and detention of the suspect. The dimensions of criminal law enforcement in the conduct of investigation on the perpetrators of criminal acts of fraud and/or embezzlement of the Intidana Cooperative in Central Java’s Regional Police is to minimize the occurrence of similar criminal acts, especially for the perpetrators in fraud and embezzlement cases in the future can be charged with criminal liability of fraud and embezzlement.
Implementation of Discretion Perspective of Penal Policy (Study of Yogyakarta Police Department) Ikbal, Muhammad
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23208

Abstract

The purpose of this research is to know the regulation of police discretion of Yogyakarta special region in criminal law enforcement and how to apply police discretion in criminal law enforcement in terms of penal policy aspect. The implementation of the special police discretion of the special region of Yogyakarta is guided by the provisions of written rules and unwritten rules that live in the community and is guided by the lines of criminal law policy. The application of the special area police discretion of Yogyakarta can be applied by investigators and investigators through restorative justice approaches in certain cases, the settlement in this way is a form of protection to both the perpetrator and the victim in order to reach a peace agreement.
BPD Empowerment Program in Optimizing Village Financial Implementation (Perspective Law No. 6 of 2014) Maharani, Anggun Meinanda
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23209

Abstract

Village government played an important role because it is considered as a basic element that directly interacts with the society and the policy or decision issued felt by the society directly. The issues studied were how is the BPD empowerment in optimizing village financial implementation as perspective Law No.6 of 2014? And how is the model of BPD empowerment in optimizing village financial implementation as perspective Law No.6 of 2014? The results showed that (1) BPD empowerment of Pringsari village is not optimal in conducting village finances related to activities in Pringsari village, (2) The model of BPD empowerment to the society has not been held optimally and still not transparent. The conclusion of the BPD empowerment in optimizing village financial implementation Pringsari village is not optimal yet. The model of BPD empowerment in Pringsari village that found is the achievement of APBDes planning process. Suggestion for the villager head and BPD in Pringsari village is realize the roles, jobs, functions and positions respectively.
Implementation on Transfer of Undertaking Protection of Employment to Outsourcing Labors in Semarang Indonesia: A Legal Approach Herlambang, Pratama Herry
JILS (Journal of Indonesian Legal Studies) Vol 3 No 1 (2018): Implementation of Laws and Regulations: Finding Justice and Legal Certainty
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i01.23211

Abstract

Assurance of proper and good job is one of indicators of the success of the State to run the constitution in accordance with the mandate of the Constitution of the Republic of Indonesia. In the era of free trade and economic society, work is a problem that is less of a concern for the state because there is no comprehensive protection. Even in the year 2003 was born a law on employment, at the beginning of the law establishment, a lot of optimism that of the Indonesian population especially workers who have been unprotected related to the rights of workers. But over time, many problems arise in the community one of them is the guarantee of continued work for outsourcing workers, so a thorough legal review of employment protection guarantees is shifted to its work.

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