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Journal of Indonesian Legal Studies

jils
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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 humanâ€™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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Implementation of Countermeasures Effort of Illegal Fishing in Indonesia (Case Study on Sinking the FV Viking Vessel) Tarigan, Muhammad Insan
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.v3i01.23213

Geographically almost 70% of Indonesian territory consists of waters that potentially storing an amazing wealth of the sea, and the biggest is on fisheries sector. Illegal fishing that was done by foreign vessels in Indonesian territorial waters was estimated giving loss to Indonesia around 1 million ton/year (Rp 30 trillion/year). Indonesian government has decided to take policy in doing sinking illegal fishing vessels for the actors of illegal fishing in Indonesia. How is the relevance of international law with the law on sinking foreign vessels in Indonesia and the implementation on the regulation of sinking FV Viking Vessel. The research on this paper is normative legal research, and research method library research also documenter not only to the primary sources but also to secondary sources that related with the problem on this research. After the identification and classification process, the problem will be normatively analyzed using the data. Illegal fishing is not only affecting the economy aspect but also affecting the other aspects, such as state sovereignty, social, as well as environmental of the sea. The law of sinking illegal fishing vessels is not contradicting and still considered relevant with International law, either UNCLOS 1982, IPOA-IUU Fishing or CCRF. An FV Viking vessel was caught by TNI AL working with Norwegian Interpol at Indonesian ZEE. FV Viking vessel was entering to Indonesian territory without doing the obligation to reporting their identity and the navigation data. Moreover, this vessel does not have the License on Fishing. The sinking vessel is better not using the bombing method but using the method of burning the vessels with oil fuels thus it will be more cost saving. Sinking illegal fishing vessels is supposed to be done after there is a judgment from the court.

Tackling Terrorism, an Indonesian Style on Penal and Non-Penal Policy Perspective: A Book Review Gaya Indonesia Menghadang Terrorisme, Ali Masyhar Harmaji, Harmaji
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.v3i01.23214

Introducing JILS 3(1), May 2018 Edition: The Implementation of Laws and Regulations in Indonesia Muhtada, Dani
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.v3i01.23243

The Implementation of Bureaucratic Reform Pillars in Increasing Taxpayer Compliance at Semarang Tax Service Office Suwandoko, Suwandoko; Rodiyah, Rodiyah
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.v3i01.23244

Semarang City Tax Office which has the main task to collect the tax revenue in the context of national development, then the Semarang Tax Office Associate implemented bureaucratic reform pillars in improving tax compliance. This paper examined the compliance of taxpayer in the theory of bureaucratic reform. The paper emphasized that the urgency of the implementation of bureaucratic reform pillars at the Semarang Tax Office, which consists of philosophical, sociological and juridical aspects. The implementation of bureaucratic reform pillars in improving taxpayer compliance at Semarang Tax Office was examined by the implementation model of bureaucratic which influences the bureaucratic reform pillars, which indicates that taxpayer compliance level is less than optimal. The obstacles were employees who are less than optimal in the field of taxation and taxpayers who are less obedient in payment and tax reporting. The efforts did through the socialization of the bureaucratic reform pillars implementation to employees and taxpayers to improve taxpayer compliance and tax revenue.

Cover Back Matter JILS Vol 3(1), 2018 Arifin, Ridwan
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

Corporate Responsibility in Money Laundering Crime (Perspective Criminal Law Policy in Crime of Corruption in Indonesia) Wibowo, Muhtar Hadi
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Money laundering is a stand-alone crime, although money laundering is born from its original crime, such as corruption, but the anti-money laundering regime in almost all countries places money laundering as a crime independent of its original crime in the case of a money laundering probe. The purpose of this study is to describe and analyze criminal law policies in regulating corporate accountability for current money laundering, analyze the implementation in law enforcement against corporations engaging in money laundering, and establish a model of criminal law policy on corporate liability that commits a crime money laundering in the future. This research emphasized that criminal law policy in ordering corporate responsibility to money laundering crime has been regulated in Money Laundering Criminal Act. The Money Laundering Act in Indonesia has indeed accepted corporations as a subject of criminal law, there are several cases that indicate the involvement of corporations engaging in money laundering practices in Indonesia but at the stage of settlement within the justice system there is not a single corporation that has been charged and sanctioned criminal. In line with the development of specific laws, corporations are categorized as subjects of criminal law.

Indonesian Penal Policy: Toward Indonesian Criminal Law Reform Based on Pancasila Najih, Mokhammad
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Criminal law enforcement in Indonesia has always been a very crucial and the sexiest issue. Almost 35 years the idea of criminal law enforcement has been carried out and so far several concepts of the National Criminal Code have been born which continue to experience developmental dynamics that are quite interesting to study. The desire to realize a better criminal law and be able to fulfill the aspirations of the people is the ideal criminal law politics (penal policy). National Criminal Law must have characteristics that are typical of Indonesia, authentic and original, encompassing customary law, systems of values â€‹â€‹and beliefs, characteristics of modern states and international values. Pancasila as the source of all sources of law, which has not received serious attention needs to be used as a recommendation for the paradigm of penal reform. Pancasila has at least the main principles that must be implemented in all formulations of criminal legislation. These principles are among others, principles based on the source of religious values (Godhead / Divine God), the value of humanity (humanism), the value of unity and peace, the value of democracy and the value of social justice. Therefore, Indonesian criminal law must have values that are based on Pancasila, both in the form of legal norms (addresaat norm), on the types of acts that are regulated (straafbar), in the form of punishment or sanctions (straafmaat), as well as regulatory aspects and implementation of law enforcement law (formal law).

The Immigration Crime and Policy: Implementation of PPNS Authorities on Investigation Syahrin, Muhammad Alvi
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Immigration crime and criminal law are one of the interesting studies not only seen in terms of law enforcement but also criminal law politics and authority arrangements in immigration. For Indonesia, the problem of immigration is a challenging problem, not because it is only the location of Indonesia that is vast and has many access points for immigrants, but also the authority between institutions. Article 105 of Law Number 6 Year 2011 on Immigration, states that the Immigration Civil Servant Investigator is authorized as an Immigration criminal investigator conducted in accordance with the provisions. The results of this study are: (1) enforcement of immigration law conducted one of them with the investigation of perpetrators of violations of the Immigration Act. The process of investigating the perpetrators of violation of Immigration Law is based on the provisions of the Criminal Procedure Code as lex generalis and Immigration Law as lex specialis. In this research, law enforcement has been carried out in order to participate in trading fake immigration/passport travel documents by providing unauthorized data or incorrect information to the Immigration officer to obtain travel documents of the Republic of Indonesia for himself, (2) in implementing immigration law enforcement function there are still obstacles faced Immigration Civil Servant Investigator include low knowledge, lack of operational fund, lack of public participation in reporting the existence of foreigner in their environment, weakness of coordination with other law apparatus and obstacle from law factors.

Corruption and Village: Accountability of Village Fund Management on Preventing Corruption (Problems and Challenges) Ash-shidiqqi, Ellectrananda Anugerah; Wibisono, Hindrawan
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Village funds have not been used optimally for village development. Some cases of misappropriation of village funds occur due to a lack of accountability in the use of village funds as well as the lack of supervision from related parties. The lack of competency in the use of village funds is also the reason for the occurrence of cases of abuse and corruption of village funds. This study focuses on aspects of accountability and supervision of village funds using literature. The results of this study produce an ideal model of accountability for the use of village funds ranging from supervision to use so that the village is expected to be more maximal in using village funds for development.

Fight Narcotics with Community Strengthening: Crime Control Management by Community Policing Pasaribu, Restiana
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Faculty of Law, Universitas Negeri Semarang

Drugs are the main enemy of nations in the world. Indonesia, it seems also has become a paradise for the generation of drugs. Various problems that occur in the community that can be resolved kinship will be resolved in RT Polmas assisted by community figures in the surrounding community. Thus, the empowerment of Polmas by Polrestabes Semarang city in the prevention of drug crime is crucial to be the main program Polrestabes Semarang city. The research location is in Polrestabes Semarang. This research emphasized that Policing Empowerment in Criminal Drugs Control is expected to provide active support to the Polmas to report it if there is any indication that the drug is involved in its territory and dare to disclose its circulation, arrest the dealer, the perpetrator and the producer. Cooperation and coordination and involvement of the above mentioned community participation must be optimally empowered, in order to support the success of the prevention of criminal acts of narcotics.

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