Lex Scientia Law Review
Lex Scientia Law Review (LeSRev) is a peer reviewed journal organized by Undergraduate Law Student, Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published biannual every May and November. LeSRev is intended to be a scientific and research journal for all undergraduate law students with focus journal, but not limited to, criminal law, private and commercial law, constitutional and administrative law, environmental law, human rights law, international law, customary law, tax law, Islamic law, and all related issues concerning to legal studies. The Journal publishes contemporary articles on law, book review, and case analysis, and the Journal published within Bahasa and English both print and online version.
Articles
211 Documents
<![CDATA[Intelligence Education for National Security and Public Safety Policy: A Comparative Analysis of Nigeria, South Africa, and Indonesia ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.54431
<![CDATA[National security and public safet policy have become one of the important issues around the world. In some cases, the national security very close to how the State provides various instruments in maintaining national stability, including policies and laws. Nigeria, South Africa, and Indonesia are facing various challenges of national stability including various national security threats. For Nigeria, post-colonial hangs over and extended militarism created huge challenges for the democratisation of intelligence education and training, while in South Africa, centuries of repressive apartheid regime created institutional obstacles for a virile democratic intelligence education and training. This work therefore is a comparative analysis of intelligence education and training in Africa-Nigeria, South Africa, and Indonesia. Using a historiographic and content evaluative methods, the study was able to establish similar developmental trajectory of intelligence education and training in Nigeria, South Africa, and Indonesia and recommended the urgent need for extensive collaboration between the countries to develop a model of intelligence education and training to attenuate the pervasive national security and public safety threats challenges in the countries.]]>
<![CDATA[Implementation of Federalism in Nepal: The Devil is in the Detail ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.54437
<![CDATA[After a long period of instability, Nepal adopted a new Constitution in 2015, creating a multiparty federal republic. Previously Nepal had been a unitary state, albeit with a long period of political instability and insurgencies. In 2017 the two competing communist parties merged to form the ruling Nepal Communist Party (NCP), which operated with a 2/3rd majority in the House of Representatives. The implementation of federalism has been slow and uneven. Despite assurances to the contrary, the government’s response to the COVID-19 pandemic has been lacking, with Constitutional obligations ignored. The machinations of the then Prime Minister have exacerbated this, apparently supported by the President to overcome constitutional norms to keep the Prime Minister in power. The paper analyses the devolution of powers to the provincial and local levels described in the constitution. There have been successes and failures. There appeared to be a concerted effort from the federal parliament and some in the bureaucracy to continue to centralize power. This early inaction has hindered its response to the pandemic. Of even more concern is the then prime minister's role as he sought to maintain his hold on power by ignoring the provisions of the Constitution.]]>
<![CDATA[Penal Mediation: Criminal Case Settlement Process based on the Local Customary Wisdom of Dayak Ngaju ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.54896
<![CDATA[Penal mediation has been a longtime process of criminal settlement used in the Ngaju Dayak indigenous people in Kalimantan. They used the Belom Bahadat philosophy as a form of reform in the field of criminal procedural law stemmed from the politics of criminal law which makes customary law a part of national criminal law. This article is aimed to analyze the concepts of penal mediation in Indonesia and from the international law perspectives; and the settlement process with Belom Bahadat philosophy-based penal mediation in the Dayak indigenous community and its future use in the national criminal procedural law. This qualitative research applied a sociological juridical approach and utilized primary data obtained from interviews with Dayak traditional elders, secondary data comprising customary peace decisions obtained from Dayak customary institutions, and multidisciplinary approach from international law of penal mediation to uphold the strong concept of penal mediation. The results shown that restorative justice is one of the uniqueness in penal mediation internationally, especially in Germany, Spain, and Indonesia. Furthermore, the use of penal mediation in Dayak community is based on the 96 Articles of the Tumbang Anoi Peace Agreement that has existed since 1894. During a settlement, the penal mediation model applied in the Dayak people can be divided into the Victim Offender Mediation model, as well as Family and Community Group Conferences. Consequently, the formulation of this procedure is expected to be a study material in the renewal of criminal law legislation, specifically the Criminal Procedure law provisions in Indonesia.]]>
<![CDATA[Digital Globalization and Law ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.55092
<![CDATA[The regulation of social processes is part of a state’s sovereignty. States apply their law to shape and control social and economic conditions within their territory. Law as an instrument for coordinating human behaviour and for balancing colliding interests within the society is linked to human behaviour, either individually or within human organisations. The basic prerequisite for the existence of law is human interaction based on emotions, desires, and the pursuit of interests. Law and trust (interpersonal trust or system trust) are connected to each other. This leads to the assumption that law loses its relevance with a decrease of the relevance of trust. This article explores the question of which factors of current and future digitalisation could lead to a loss of the relevance of trust and of the relevance of the aspect of human behaviour as a connecting factor for legal norms. The article concludes that technological globalisation and ubiquity of the internet have already led to a loss of state territorial sovereignty. This has resulted in the diminution of system trust in law. The article further shows how digitalisation is pushing back the relevance of human behaviour and emotionality and, therefore, technicity is increasingly displacing law. The article describes the connection between deterritorialization and the development of new disruptive digital technologies and asks about the future role of ethics in the legal system of an advanced digitalised society. The development of concrete solutions and legislative proposals is subject to further studies.]]>
<![CDATA[Protection of Indonesian Migrant Workers in China: The Government's Role and Legal Aspects ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.55112
<![CDATA[This study seeks to examine the model of government accountability for protecting Indonesian migrant workers in China. The expected goal of this research is to make a positive contribution to the legal protection system for Indonesian migrant workers in China that is in harmony with justice and can create a sense of peace and security for Indonesian migrant workers in China. This research was carried out with an empirical juridical approach by analyzing primary data by searching for data by going directly to the field and then analyzing it with legal materials, especially primary legal materials and secondary legal materials. Data observation will be carried out using field studies connected with the subject matter studied. The findings and novelties in this study indicate that migrant workers are often objects of human rights violations, such as not getting guaranteed rights and placements when the migrant workers go abroad through illegal labor suppliers. Especially in this case, the crew from Indonesia works on the Chinese ship, the Longxing Ship. This study concludes that problems related to migrant workers must get full attention and protection from the Government because it concerns the safety of Indonesian citizens. Therefore, in this case, the Tegal Regency Manpower and Transmigration Office, the Government must provide full protection to Indonesian migrant workers. In particular are crew members from Indonesia who work on Chinese ships.]]>
<![CDATA[Automatic Exchange of Information (AEoI) for Indonesian Tax Purposes: Economic Analysis of Law Approach ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.55143
<![CDATA[The aim of this paper was to examine the application of the Automatic Exchange of Information (AEoI) agreement through the point of view of Economic Analysis of Law Theory. This study used a normative legal method with a statute approach, conceptual approach, and comparative approach. The result of this study indicated that: first, AEoI has caused a relocation of deposits but has not led to significant repatriation of funds. The least compliant country of AEoI receives incentives in the form of transferring funds from countries that are aggressively implementing AEoI. Hence, in general, it does not change the amount of funds managed abroad. Second, by using game theory: prisoner's dilemma, it is known that the best decision for Indonesia to respond to the AEoI is to conduct a moratorium on the AEoI agreement.]]>
<![CDATA[The Principle of Balance Formulation as the Basis for Cancellation of Agreement in Indonesia ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i1.55468
<![CDATA[This study aims to examine the essence of the principle of balance in the agreement and dissect the position of the principle of balance as the legal reason for the cancellation of an agreement in order to realize equitable law in Indonesia. The research method used in this research is doctrinal research by using a statutory approach, a conceptual approach, and a comparative approach. Based on the research conducted, it was found that the essence of the principle of balance is a principle that emphasizes the existence of balance or equality of the rights and obligations of the parties in an agreement. Furthermore, the principle of balance can be used as a reason to cancel an agreement in Indonesia that has fulfilled the conditions for a valid agreement in Article 1320 jo 1338 of the Indonesian Civil Code as long as it is interpreted in the form of abuse of circumstances.]]>
<![CDATA[Military-civil interaction through the prism of human rights protection: the experience of the ECtHR ]]>
<![CDATA[ Lex Scientia Law Review Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context (Article in Press) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/lesrev.v6i2.54707
<![CDATA[The aim of the study is a detailed analysis of the peculiarities of civil-military interaction on the basis of the norms of international organizations, analysis of the place of gender policy in the relevant issue and interpretation of the ECtHR's practice on certain issues related to civil-military interaction. The leading research method is the formal-legal method, the application of which provided an effective analysis of the legal framework of international law, doctrinal approaches and practice of the ECtHR in the context of the place of human rights protection in the system of civil-military interaction. The article considers the theoretical and legal features of civil-military interaction in the world, features and significance for the protection of human rights. In addition, detailed attention is paid to the issue of equality between men and women in the context of military conflict and civil-military cooperation, based on international law and scientific approaches. The article analyzes the case law of the European Court of Human Rights and on its basis substantiates the conclusion that it is necessary to comply with the rules of gender equality regulated by international law, including among servicemen, and proposes to eliminate such violations in the future, in particular by implementing international law, norms and practice of the European Court of Human Rights. The practical significance of the article is to highlight the changes that need to be made at the operational, tactical and strategic levels in order to implement an effective gender policy in military structures.]]>
