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
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<![CDATA[PROVEN CRIMINAL ACTION OF SPREADING HOAX NEWS THROUGH SOCIAL MEDIA REGARDING COVID-19 ]]>
<![CDATA[krismiyarsi krismiyarsi]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2741
<![CDATA[The spread of Corona Virus Disease 2019 (COVID-19) in Indonesia, is used by irresponsible people to spread fake news (hoaxes) that can disturb the public. The ITE Law in it has regulated the crime of hoaxes, the perpetrators can be subject to criminal sanctions, however, the sanctions in the ITE Law do not prevent people from spreading false news through social media, many cases occur in the community regarding these crimes, but problems arise in proving the hoax crime case, where it is not the ITE Law that is used as the basis for convicting the perpetrator but using Article 14 of Law no. 1 of 1946, namely spreading false news conventionally without any element of electronic means, this is because the Criminal Procedure Code does not regulate digital evidence.]]>
<![CDATA[REGULATIONS FOR WASTE MANAGEMENT OF DISPOSABLE MASK DURING THE COVID-19 PANDEMIC ]]>
<![CDATA[Maria Novita Apriyani]]>;
<![CDATA[Aldira Mara Ditta Caesar Purwanto]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2625
<![CDATA[Corona Virus Disease 2019 that has not ended, has an impact including the use of disposable masks in the world is increasing. Although there are calls to use masks such as cloth masks to coat medical masks when doing U.S. actives outside the home, in fact the public prefers to use disposable medical masks. Disposable masks are feared to be more and more in number if not managed properly. The issues studied in this scientific article are the settings related to the management of disposable mask waste and the implications of waste management of disposable mask in the community. This research method uses juridical-normative writing methods with a statutory approach. The result of this study is the waste management of disposable medical masks entering the realm of special arrangements (lex specialists) consisting of guidelines of the Ministry of Environment and Forestry of the Republic of Indonesia and the Ministry of Health of the Republic of Indonesia.Waste management of disposable medical masks can be done with a thorough approach when a product produced in the community is indicated as waste until the product has been managed in landfill so that the output of waste management becomes environmentally friendly by using a new approach. through the activities of waste management of medical masks used in the community in accordance with existing guidelines.]]>
<![CDATA[POLYGAMOUS MARRIAGE REVIEW FROM LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE ]]>
<![CDATA[Agnes Maria Janni Widyawati]]>;
<![CDATA[Heri Purnomo]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2743
<![CDATA[In principle, the Marriage Law adheres to the principle of monogamy, but it does not rule out those who wish to polygamy as long as their religion and belief allows and can fulfill the requirements stipulated by the Marriage Law. This is reflected in Article 3 paragraph 1 of the Marriage Law which reads: In principle, in a marriage a man can only have one wife, a woman can only have one husband; The court may give permission for a husband to have more than one wife if the parties wish to do so. Thus it can be seen that the principle of monogamy adopted by the Marriage Law is not absolute.]]>
<![CDATA[REVIEW OF LEGAL PROFESSIONAL ETHICS TOWARDS INVESTIGATORS IN THE CRIMINAL CASE OF FOUR STUDENTS REFUSING OMNIBUS LAW ]]>
<![CDATA[Dea Iswandi]]>;
<![CDATA[Fadillah Rizky Nur Ikhlas]]>;
<![CDATA[Ilham Khoirudin Sanjaya]]>;
<![CDATA[M. Hanif Muflih]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2632
<![CDATA[The way investigators handled students who were involved in thedemonstration to ratify the Job Creation Act did not reflect the slogan of "protecting, nurturing, and serving the community" carried by the institution. Instead of fostering and protecting the future of students, the police criminalize them. The police arrested students and students who opposed the job creation law in a number of areas last week. The police accused them of being anarchist. The police also threatened to include the status of law violators so that they would not issue a police recordcertificate (SKCK). Student involvement in demonstrations is not a criminal act. Moreover, students' and students' criticism of the Job Creation Act is actually a reaction to the inherent defects of the omnibus law. Not only is its preparation not transparent, the substance of the universal sweeping law also harms workers and threatens the environment. The case of students who are victims of criminalization forrefusing the Omnibus Law is still continuing its legal process to this day. However, the trial which is supposed to be the place to seek justice is run very subjectively and full of flaws. This further confirms that no violation of Professional Ethics conducted by investigators to the students repellent Omnibus.]]>
<![CDATA[DYNAMICS OF APPLICATION OF SALUS POPULI SUPREMA LEX ESTO IN LAW ENFORCEMENT IN INDONESIA ]]>
<![CDATA[Orien Effendi]]>;
<![CDATA[Ro'is Alfauzi]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2633
<![CDATA[This paper analyzes the position and legality of the use of principles outside the legal text (unwritten) as the basis for law enforcement in Indonesia. As is known, the sources of law include laws, customs, jurisprudence, and doctrine. So whether the presence of legal provisions outside of legal sources can be used as the basis for law enforcement. This analysis highlights the public assumption that the use of the principle of "Salus Populi Suprema Lex Esto" can be used as a guideline or basis for law enforcement in Indonesia, including when judges use this principle as a basis for decisions. Meanwhile, another opinion states that the principle of "Salus Populi suprema Lex Esto" cannot be used as a reason for law enforcement. Article 12 of the 1945 Constitution states that the president says there is a state of emergency established by law. So that in this case it is not about the principle or source of law which is legal and has legal certainty, but the extent of an emergency so that all provisions in the normal state legal system can be violated.]]>
<![CDATA[UTILIZATION OF INFORMATION TECHNOLOGY AS A LEGAL EDUCATION MEDIA CONSUMER PROTECTION ]]>
<![CDATA[Teddy Prima Anggriawan]]>;
<![CDATA[Anajeng Esri Edhi Mahanani]]>;
<![CDATA[Retno Mumpuni]]>;
<![CDATA[Alvian Dwiangga Wijaya]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2598
<![CDATA[Globalization is currently running in cyberspace, connecting all digital communities. All aspects of human life are influenced by internet information technology, in this case the economic conditions provide very significant changes. Online stores or what we often call e-commerce is a form of change brought about by the internet in terms of shopping innovation by providing various conveniences in the transaction process. Seeing the phenomenon of the rapid development of electronictransactions in Indonesian society, the problem in this research is how to use information technology as a media for consumer protection law education. The research method applied in this study is a normative legal research method. The research is said to be juridical normative because it intends to study and analyze the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles. The type of research used in this writing is doctrinal research.Aims to obtain a systematic explanation of the rule of law. Thus, all benefits to the community will depend on the provisions of the law itself. The element of education then becomes the spearhead to instill attitudes and habits of obedience to existing rules. If all human interests can be fulfilled without disputes or conflicts, then everything that happens regularly will not be questioned about the concept of justicewhich focuses on what is entitled or who is at fault if someone is harmed by another person. The first indicator is an understanding of the law, a person knows about certain behaviors that have been regulated by law.]]>
<![CDATA[JURIDICIAL ANALYSIS OF TRANSFER PRICING DOCUMENTS IN RESPECT OF TAX AVOIDANCE FOR MULTINATIONAL COMPANIES ]]>
<![CDATA[Angelina Clarabella]]>;
<![CDATA[Edi Pranoto]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2657
<![CDATA[Essential principle within business world definitely would be maximizing profit and minimizing capital. Hence many companies would struggleand develop their own ways to avoid taxes as much as they could. Tax avoidance which is taken illegally would disrupt government's revenue indeed. This paper discusses normative juridical approach to examine problems as 1. How does transfer pricing documents could help to diagnose tax avoidance practice within companies? 2. How to prevent the occurrence of transfer pricing's shortcomings? This would highlight the transfer pricing's existence to eliminate illegal practice of tax avoidancewithin multinational companies and some methods to prevent the shortcomings of transfer pricing. The results shows that 1. transfer Pricing documents are useful for diagnosing tax avoidance practices in multinational companies through an analysis of fairness and business practice and 2. in order to prevent deficiencies in Transfer Pricing documents, the Government must establish a cooperative relationshipbetween companies and reliable tax administrations. such as through AEoI (Automatic Exchange of Information) between countries to encourage transfer pricing inspection processes in multinational companies. The government should conduct cooperative relationship between the companies and tax administration to encourage the process of transfer pricing examination within multinational companies in precise scheduled time frame. Fair and favorable assessment of business report is significant due to undermine unnecessary cost and improper result.The competence and professional judgement from the Directorate General of Taxes are substantial.]]>
<![CDATA[FOREIGN INVESTMENT IN MONOPOLY PRACTICES IN THE MINING SECTOR ]]>
<![CDATA[Setyarini Nur Octaviana]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2599
<![CDATA[In Indonesia, Joint Venture is regulated in Law No. 25 of 2007 onInvestment. Joint Venture itself is a form of alliance that emphasizes more on cooperation and its temporary nature. Before the occurrence of Joint Venture in the establishment of the company conducted a Joint Venture agreement, it contains the agreement of both parties. Law No. 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition regulates the prohibition of a company in carrying out its business activities, must not do 3 things, namely: make a prohibitedagreement, become the dominant position, and conduct prohibited activities. On the contrary, Law No. 40 of 2007 on Limited Liability Companies and also Law No. 25 of 2007 on Investment does not regulate the matter. Therefore the company does it by joint venture. The company's growth in the mining sector is growing very rapidly. To attract investors, the government is expanding in the mining sector. Certainly in this case the practice of monopoly in a company is very likely to occur as mining sector companies increase. The research method used by the author is normative juridical, i.e. research whose reference material uses the norms contained in the laws and regulations. The results showed that companies have implications for monopoly practices, of course a company, especially the mining sector, should also consider the principle of fairness.]]>
<![CDATA[THE ROLE OF HEALTH CENTERS ON OCCUPATIONAL SAFETY OF HEALTH PERSONNEL DUE TO THE COVID-19 PANDEMIC ]]>
<![CDATA[Partini Partini]]>;
<![CDATA[Anggraeni Endah Kusumaningrum]]>
<![CDATA[ UNTAG Law Review Vol 5, No 2 (2021): UNTAG LAW REVIEW (ULREV) ]]>
Publisher : <![CDATA[Faculty of Law Universitas 17 Agustus 1945 Semarang ]]>
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DOI: 10.36356/ulrev.v5i2.2865
<![CDATA[The function of the Puskesmas is as a First Level health service in carrying out health service efforts, both promotive, preventive, curative, and rehabilitative in its working area. During the Covid-19 pandemic, Puskesmas are expected to provide services according to the Covid-19 situation. The goal is that the implementation of health protocols in health service facilities in order to prevent and control Covid-19 is carried out as well as possible. Puskesmas as a place used to carry out health service efforts has the potential to spread infectious diseases, including covid -19. Sources of infection transmission can come from the community or community or from the health care facilities themselves. The application of standard precautions in Infection Control and Prevention is not optimal. as a result, many health center health workers were confirmed covid-19. The purpose of this research is the extent to which the Puskesmas efforts in providing legal protection for the safety of health workers due to the Covid -19 pandemic. Legal protection for the work safety of health workers must be carried out as well as possible so that the rights of health workers to life safety are fulfilled. This research method is juridical sociology where this research is built from social facts related to the operation of real laws faced in health facilities or in the community. The problem faced in puskesmas is their adherence to health protocols is weak and tends to ignore. Second, Puskesmas is less obedient to infection prevention and control. There are many risk factors that arise in the Puskesmas environment such as unsterile medical equipment, unavailability of infectious and non-infectious trash bins in the work room, and the absence of adequate medical waste management. Third, the density of the puskesmas program activities causes the risk of being exposed to Covid-19 even higher. Based on the above background, the researchers took the title of the role of the Puskesmas in the safety of health workers due to the Covid-19 pandemic.]]>
