UNTAG Law Review
UNTAG LAW REVIEW, is a peer-review journal published by FACULTY OF LAW UNTAG SEMARANG, UNTAG LAW REVIEW is published twice a year in May and November. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater global knowledge exchange within the scope of the legal field. This journal aims to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics in the fields of Criminal Law, Civil Law, State Administration Law, Health Law, State Administrative Law as well as the broad field of legal studies
Articles
106 Documents
<![CDATA[POLICY MODEL FOR THE USE OF ELECTRONIC DOCUMENTS AS A PROOF TOOL IN CRIMINAL ACTION AFTER THE APPLICATION OF LAW NO 19 OF 2016 ]]>
<![CDATA[Muhammad Afied Hambali]]>
<![CDATA[ UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i2.919
<![CDATA[This paper aims to analyze the policy model of the use of electronic documents as evidence in criminal acts based on Law No. 19 of 2016. The development of information technology has significantly transformed the conventional socialization system into a digital system. This affects the emergence of new legal actions in a community. The form of the new legal action needs to be adjusted and harmonized with existing legislation, such as the use of electronic documents as evidence that will be used as a means of verification in court. Based on the analysis it was revealed that Law No. 19 of 2016 as a legal umbrella for regulating criminal acts in cyberspace is still experiencing many obstacles, therefore it must be harmonized with the relevant criminal law because if it is different then it will cause legal imbalance so that it will increasingly make it difficult for law enforcers to enforce the law.]]>
<![CDATA[SPATIAL POLICY DILEMMA: ENVIRONMENTAL SUSTAINABILITY AND ECONOMIC GROWTH ]]>
<![CDATA[Haris Budiman]]>;
<![CDATA[Eman Suparman]]>;
<![CDATA[Anis Mashdurohatun]]>
<![CDATA[ UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i1.717
<![CDATA[The regulation of spatial planning aims to meet the demands of the built-area and preserve the environment for sustainable urban development. Yet, the implementation of spatial planning for welfare and environmental sustainability faces various problems such as conflicts between sectors and regions. Similarly, the efforts to improve welfare through economic growth lead to land conversion that has an impact on environmental demage and land conflicts. The purpose of this study is to analyzethe factors inhibiting local governments in implementing the spatial planning. This research belongs to qualitative research with Socio Legal approach. The informants and respondents were chosen by applying purposive sampling technique, while the data validation used triangulation. The results showed that local governments have difficulties in implementing environmental-based spatial planning as well as increasing economic growth, especially for regions with small local revenues. Limited resources, inconsistenct policy, and weak regulation arrangements have become inhibiting factors in meeting the demands of environmental-based spatial planning and increasing economic growth. Therefore, commitment from local government is needed to solve the problem by increasing the capacity of government apparatus, enforcing the rules, and reconstructing the fair and prosperous spatial policy.]]>
<![CDATA[JUDICIAL REVIEW OF DISMISSION AND LIQUIDATION PROCESS FOR LIMITED LIABILITY COMPANY POST BANCRUPTCY ]]>
<![CDATA[Bing Yusuf]]>
<![CDATA[ UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i2.590
<![CDATA[Starting from registration and licensing of the establishment until the end which is dismission and liquidation. From the beginning until the end of the existence of a Limited Liability Company, consists of many operational activities related to the business as regulated in Statute of Law Number 40 of year 2007 which legislate Limited Liability Company. At the end of the life cycle of the Limited Liability Company, there are three stages, they are dismission, liquidation, and ultimately revocation of the legal entity status of a Limited Liability Company. The main principle of this stage is as stated in a proverb on justice derived from Latin means that the basic principle of the law is to live a respectable life, not harming others, and to give others what is their due, so ideally the rule of law is implemented. In fact there is a dispute in the implementation of the stages of dismission, liquidation and revocation of legal entity status due to injustice and fraudulent acts committed by individuals, Therefore this research will be discussing the aspects that trigger the dispute, to the analysis on litigation process, and ultimately the researcher provides a solution to avoid the same disputes occur in accordance with the regulations of the Statute. This research was studied using descriptive analysis with normative juridical approach, supported by primary and secondary data source from literature study. It was found that the occurrence of a dispute was caused by an irresponsible director. Not responsible in carrying out his duties to do the General Meeting of Shareholders and submit the remaining treasury from bankruptcy process. Proceeded to the litigation process where the court declared that the court was not authorized according to relative competence in giving the decree of dismission. However, at the level of cassation, the decree was canceled. Problems as such should not occur in the first place if the director has been professional and responsible due to his duty.]]>
<![CDATA[ETHICO-MEDIKOLEGAL EMERGENCY SERVICE ]]>
<![CDATA[Inge Hartini]]>
<![CDATA[ UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v3i1.1073
<![CDATA[Emergency Room (ER) is specific department in the hospital with specific problem too. A true emergency is any condition clinically determined to require immediate medical care. Government has regulation if every health facility must give health care without money deposit and every invasive medical treatment need informed consent.Together, this condition sometimes made unsatisfaction for patient and his family. How applied informed consent, if unconscious patient came without his/her family ? Who must make decision for treatment ?]]>
<![CDATA[PREVENTING AND FIGHTING CORRUPTION THROUGH PUBLIC POLICIES ]]>
<![CDATA[Dr. Drs. H. Dudu Duswara Machmudin S.H., M.Hum.]]>
<![CDATA[ UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i2.925
<![CDATA[Law enforcement does not engage in a vaccum space, yet it is related tovariables of socio-political condition, mental of the law enforcers, criminal lawprocedures, law ideology, NGOs, and legal awareness of the society. Moreover,fighting corruption through law enforcement demands collective awareness asstakeholders to actively participate in national efforts to prevent and eradicatecorruption. Measures taken on the prevention must be built in socio-political climateand national collective culture which enforce zero tolerance to any forms of corruption, including bribery, gratification, trading influence, illicit enrichment, corporate corruption, political corruption, collusion, and nepotism.]]>
<![CDATA[CRIMINAL POLICIES BASED ON RELIGIOUS VALUES IN TACKLING CYBER ADULTERY ]]>
<![CDATA[Any Ismayawati]]>
<![CDATA[ UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i1.722
<![CDATA[Research on crime-based policies of religious values in tackling cyber adultery aims to determine whether cyber adultery can be used as criminal tyindak as well as to know what basis can be used to criminalize cyber adultery. For this research to achieve the desired result, this research uses qualitative research tradition, with constructivism paradigm, with socio legal approach and data analysis using hermeneutic approach method, phenomenology, comparison and policy. The results show that cyber adultery has become a very disturbing problem for society, because the impact of adultery causes disharmony of household, divorce and even moral degradation of the nation. Cyber adultery poses various problems in society, but there is no rule / law that specifically prohibits cyber adultery so difficult to overcome. Based on the results of the research can be concluded that cyber adultery can be made criminal act because it is not in accordance with the collective values embraced by the Indonesian nation and Causes losses matriil and morale for the nation of Indonesia. The foundation that can be used to make cyber adultery as a crime is the religious values that exist in Indonesia]]>
<![CDATA[DYNAMICS OF CONSTITUTION IN 1945 AMENDMENTS AS A CONSTITUTIONAL IN INDONESIA ]]>
<![CDATA[Asri Agustiwi]]>
<![CDATA[ UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i2.597
<![CDATA[The constitution is often equated with the Constitution as the basic law is written. However, the Constitution of having understanding wider. The Constitution does not only include a written rule that constitution, but the unwritten rule, the basic rules are raised and maintained in the practice of statecraft or called by convention. The Constitution is the constitutional system in the form of written and unwritten rules set out together to govern a country. Where the nature and function of the constitution is there limitation of government power so that the implementation of power is not arbitrary. Thus, the rights of citizens are expected to be protected. 1945 was passed by the state constitution PPKI as Indonesia on August 18, 1945. In practice, the 1945 Constitution of Indonesia has been transformed into constitutional RIS (December 27th 1945- August 17, 1950), later transformed into a Provisional Constitution of 1950 (August 17th 1950s July 5th, 1959), until it became 1945 again but with amendments in 1999, 2000, 2001 and 2002. An amendment to the 1945 Constitution because their demands strong 1945 changes of society. People feel that the charge 1945 times many are not appropriate.]]>
<![CDATA[PROFESSIONAL ETHICS ADVOCATES AS CONTROLLING EFFORTS IN PERFORMING LAW ENFORCEMENT FUNCTIONSAS AN ADVOCATE ]]>
<![CDATA[Agus Pramono]]>
<![CDATA[ UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v1i1.522
<![CDATA[Advocate as one element of the judicial system is one of the pillars in upholding the supremacy of law and human rights. Advocates are noble professions closely related to humanity. The Advocate Profession in providing legal services and in charge of solving legal problems of his clients both in litigation and non- litigation, so he is required to always participate in the enforcement of Human Rights, and in running his profession he is free to defend anyone, not bound by orders Regardless of who the opponents of his client, whether he is from strong groups, rulers, officials and even poor people though. The Advocate function within the scope of work of the modern Advocate shows two aspects, namely 1). Represent the client before the Court; And 2). Representing clients outside the Court. Advocates as noble professions must uphold the laws and regulations of the code of ethics, so that if a violation is detrimental to the profession or the client should get the action in the form of sanctions imposed also did not eliminate the right to continue running the profession. This is where the dignity of an advocate remains respected while sanctions are a form of repression for the offenses committed.]]>
<![CDATA[PREVENTION AND ERADICATION OF DRUG TRAFFICKING IN INDONESIA ]]>
<![CDATA[Endeh Suhartini]]>;
<![CDATA[Martin Roestamy]]>;
<![CDATA[Ani Yumarni]]>
<![CDATA[ UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v3i1.1063
<![CDATA[Many countries including Indonesia have concerned about the increase of drug trafficking. Currently Indonesia has been in the situation where there is an “Emergency on Drugs Trafficking”. Lot of efforts to solve and prevent the growth of drug trafficking has been done to save young generation. Criminal Acts on Drugs which have been spread out need to be cut off because the drug trafficking has happened nationally and even has crossed international boundaries. The Aims of this research are to identify and analyses necessary actions to prevent and solve the drug trafficking. Then, to find an ultimate solution in handling arising obstacles within such prevention and eradication of drug trafficking in Indonesia. This research uses a juridical normative approach method which reviews theories, concepts, legal principals, and prevailing rules and regulations. Moreover, it also applies an empirical approach as supporting study to gain more factual data.In conclusion, illegal drug trafficking has become both national and international social issue and even a legal issue in society. Certain legal actions are required to take to prevent and solve the drug trafficking in Indonesia, which one of them is by rules and regulations. Law Number 35 of 2009 regarding Drugs is a legal basis for the prevention and eradication of drug trafficking in Indonesia.The research limitation is focus on increasing and preventing drugs should be supported by all parties of the family, community and government.Drugs is an international and national case that is difficult to overcome considering their networks are hidden and require special skills where necessary national and international cooperation so that drug circulation can be overcome quickly]]>
<![CDATA[CRIMINAL POLICY IN CHILDREN'S CONSTRUCTION EFFORTS AS A NARCOTIC CRIMINAL ACTION PERSON ]]>
<![CDATA[Frans Simangunsong]]>
<![CDATA[ UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v2i2.921
<![CDATA[Cases of narcotics abuse are increasing. This is evidenced by the almostdaily press reports from newspapers and electronic media about smuggling, illegaltrade, arrests and detention related to the problem of narcotics abuse. The purpose ofnarcotics abuse is a deviant or accidental use of narcotics. So the act violates the law andis threatened with criminality. Criminal policy in an effort to control children asperpetrators of narcotics crimes. Threats of imprisonment that can be imposed onchildren no later than 1/2 (one half) from the maximum threat of imprisonment foradults. This means that the criminal threat for children who become narcotics couriers ishalf of the criminal threats contained in the Narcotics Law. For children who becomecouriers or narcotics brokers, they must be based on the mechanism stipulated in theChild Protection Act and the Juvenile Justice System Law. Law enforcement forperpetrators who are still under age, there is a special provision called diversion, namelythe transfer of settlement of child cases from criminal justice processes to processesoutside of criminal justice]]>
