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UNTAG Law Review

ulrev
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Published by Universitas 17 Agustus 1945 Semarang

ISSN : 25795279 EISSN : 25494910 DOI : https://dx.doi.org/10.36356/ulrev

Core Subject : Humanities, Social,

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

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

Arjuna Subject : Ilmu Sosial - Hukum

Articles 106 Documents

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POLICY MODEL FOR THE USE OF ELECTRONIC DOCUMENTS AS A PROOF TOOL IN CRIMINAL ACTION AFTER THE APPLICATION OF LAW NO 19 OF 2016 Muhammad Afied Hambali
UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

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.

DYNAMICS OF CONSTITUTION IN 1945 AMENDMENTS AS A CONSTITUTIONAL IN INDONESIA Asri Agustiwi
UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

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.

RECONSTRUCTION OF THE LEGALITY PRINCIPLE IN PENAL LAW ENFORCEMENT FOR THE REALIZATION OF JUSTICE Iskandar Wibawa
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The legality principle is an important principle in the enforcement of penal law in addition to the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP) than the other principle that is culpability principle. So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as “lex scripta”, “lex stricta” and “lex certa” and also the unformulated culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but materially by regarding the living law referred to Pancasila as a groundnorm and constitution of the UUD 1945, the legality principle is not interpreted as a certainty of law but interpreted as the principle of legal certainty. The law is not only interpreted as a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice.In law enforcement “in abstracto” implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38). Based “in abstracto” law enforcement is expected to be implemented “in inconcreto” law enforcement so as to realize court decision in accordance with the sense of community justice.

THE ROLE OF THE COMMUNITY AND THE QUALITY OF VILLAGE REGULATIONS Novia Ayu Permatasari; Adhitya Widya Kartika
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Society is one of the elements in the formation of legal products by the government so that the legal products that are formed do not cause harm to one or both parties. Formation of legal products or laws and regulations in order to meet legal objectives (for example justice, expediency, and legal certainty), it is also necessary that a legal product is made by an authorized official or government which by law is given the authority to form regulations laws or legal products. This is important because it relates to the relief of a legal product or the needs and issues of village law between one village and another because of the different environmental and community conditions between one village and another. Community participation in the formation of village regulations is important because the community knows about legal issues in the community, so it is important when establishing laws and regulations, especially villageregulations to find out the aspirations of the village community concerned. In addition, public legal awareness is important in the context of enactment to achieve the goals of what is the goal of a legal product that is made. The method used is a normative juridical approach to the legislation and the doctrine of law and using qualitative analysis.

RECONSTRUCTION OF LEGAL CULTURE OF POLITICAL PARTY IN RECRUITMEN OF LEGISLATIVE MEMBERS WITH GENDER EQUALITY Baharudin Baharudin
UNTAG Law Review Vol 2, No 2 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The legal culture of political parties in the recruitment of legislativecandidates with gender law in Bandar Lampung City is based on a "legal culture" to reveal the legal culture of political parties in the recruitment of legislative candidates with gender equality. The problem: What is the legal culture of political parties in the recruitment of legislative policies that have gender justice, namely the recruitment of legislative candidates not yet gender justice. How to build an ideal community culture in recruiting legislative candidates with gender equality. This study uses the constructivism paradigm, the socio-legal research approach, which is analyzed by Struss and Corbin models. The round of this study: 1. Political parties appear in recruitment and legislative legislation has not yet been adopted in the legal culture, because it still separates women's rights. 2. The legal culture of political parties in the recruitment of legislative candidates has no gender, which is caused by the factors of political parties participating in the election that are still recruiting and in accordance with patriarchal ideology, 3. The ideal legal construction of political parties in recruiting legislative candidates with gender equality, namely recruiting legislative candidates must be fair, not separate women's political rights to be nominated or appointed aslegislative candidates in general elections, fulfill legal requirements, not only fulfill 30% representation of women, must be prepared through cadres, education and training, have become members of a political party of at least 6 months to 1 year, noble, loyal, dedicated, and loyal to Pancasila and the 1945 Constitution of the Republic of Indonesia.

IMPLICATIONS SOCIO-JURIDICAL CRIMINAL CHARGES RELATED TO ALLEGED MALPRACTICE MEDICAL DOCTOR Muh Endriyo Susila; Dirwan Suryo Soularto
UNTAG Law Review Vol 1, No 2 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The lack of legislation governing medical malpractice issue has placed doctors in Indonesia in vulnerable position. They may easily be exposed to the criminal litigation when medical treatment goes wrong. Negligence which results in injury or death amounts to criminal prosecution according to the existing law as it can be seen in Dr. Ayu's case. The infliction of criminal punishment upon three obstetricians in the late 2013 (in Dr. Ayu's case) was both controversial and phenomenal. It has stimulated the national action of strike among doctors and skepticism about law and its enforcement in Indonesia. Trembling with fear of criminal prosecution may encourage doctors in Indonesia to practice defensive medicine. This paper will make analyses on the implication of the criminal prosecution of doctors from socio-juridical perspective.

LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE Bing Yusuf
UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OVER TRADITIONAL KNOWLEDGE ACQUISITION AGAINST ECONOMIC BENEFITS Karlina Sofyarto
UNTAG Law Review Vol 2, No 1 (2018): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Traditional knowledge is the result of innovation and creation of human beings both in terms of knowledge, art, and literature. Traditional knowledge can be utilized economically for the betterment and prosperity of society. The research method used is descriptive analytical with Juridical normative specification. Indonesia's Efforts in protecting intellectual property on traditional knowledge in Indonesia is the Indonesian government is preparing the Draft Law on Traditional Knowledge and Traditional Cultural Expression. Other Efforts that can be done is through the way of inventory or documentation of traditional knowledge in a region and can be done by publishing the traditional knowledge as Widely as possible. The underlying factors of traditional knowledge have not been optimally utilized as economic resources namely the lack of public knowledge about the protection of traditional knowledge and the cost of producing intellectual property is high enough

CENTRALIZATION OF THE FORMING OF NATIONAL AND REGIONAL REGULATIONS, IS IT POSSIBLE? Rachmat Trijono
UNTAG Law Review Vol 3, No 2 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The forming of regulations in the executive domain is still carried out by institutions spread across various ministries and non-ministries.For this reason, it is necessary to do research of the centralization of the formation of national regulations and regional regulations. The aim of this research is describing centralization national and regional regulations forming. This research is descriptive analytical that aimed at expressing a problem or situation or event as it is so that it can reveal the actual facts. Data types that used in this study is secondary data and primary data. All data is analyzed by qualitative analysis method. The results of the study indicate that the establishment of a legislative ministry can unite the formation of national regulations and regional regulations so as to avoid overlaps and will formed harmonization of national regulations and regional regulations. This research further suggests to establishing ministry of legislation.

CHALLENGES OF THE INDONESIAN REPUBLIC GENERAL ELECTION COMMISSION (KPU RI) TO INCREASE VOTER PARTICIPATION Andina Elok Puri Maharani; Rizma Dwi Nidia
UNTAG Law Review Vol 3, No 1 (2019): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

This research examines problems that arise and become obstacles in the process of organizing general elections and the challenges of the General Election Commission (KPU) in increasing voter participation in general elections.The purpose of this study is to find out what obstacles arise in the implementation of the General Election related to the role of the KPU to increase public participation in general elections. This type of research is empirical research and the data used are primary data by conducting interviews with KPU commissioners accompanied by an analysis of secondary data in the form of legislation. The results of this study indicate that barriers that can interfere with the process of holding elections, arise from news hoaxes and some obstacles that are classified based on the group of voters. Every segment of society has different needs, so the method used to increase community participation is tailored to the needs of the community in each segment.

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Anggraeni Endah Kusumaningrum

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untagsmglawreview@gmail.com

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Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location
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Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Anggraeni Endah Kusumaningrum

Contact Email anggraeniwijayanto@yahoo.com

Phone +62248446280

Journal Mail Official untagsmglawreview@gmail.com

Editorial Address Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Anggraeni Endah Kusumaningrum

Contact Email
anggraeniwijayanto@yahoo.com

Phone
+62248446280

Journal Mail Official
untagsmglawreview@gmail.com

Editorial Address
Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location
Kota semarang,

Jawa tengah

INDONESIA