Journal of Law and Legal Reform
Journal of Law and Legal Reform is a double blind peer-reviewed journal, published by Postgraduate Program (Master of Laws Program) Faculty of Law Universitas Negeri Semarang (ISSN Print 2715-0941, ISSN Online 2715-0968). The Journal exclusively published in English both printed and online version, and publish four times each year, every January, April, July, October. The Journal publishes article (Research and Review Article) concerning to legal studies. The journal is intended to be a scientific legal journal that publishes a high quality of law research and works. In order to guarantee wider reach on a global scale, this journal opens opportunities for anyone, researchers, academics, practitioners, and students from all over the world to publish their best manuscripts in this journal. The name of the journal—Law and Legal Reform—to give the impression that this journal brings the spirit of legal change with all its aspects.
Articles
241 Documents
<![CDATA[Politics of Law on School Days Policy: Legal Reform on Indonesian Education Policy ]]>
<![CDATA[Kristiana, Maria Dita]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35405
<![CDATA[The research is aimed to identify, analyze, and examine concerning to: (1) what is Permendikbud Law No. 23 of 2017 on the political politics of School Days? And (2) how is the implementation of Permendikbud Number 23 of 2017 concerning School Days in Semarang City? The method of this research is qualitative with the type of sociological juridical legal research. The research explored some information through interviews and observation in some schools in Semarang as well as Education Unit in Semarang Government. The research highlighted that the law politics of School Day in Semarang City included the substance of Permendikbud Number 23 of 2017, namely the strengthening of character education at the high school level, provisions on school days and hours, and implementation of school day provisions. The philosophical reasons for five days of schooling are come up from Pancasila values and the opening of the 1945 Constitution to strengthen character or character as the spirit of the national spirit. Juridical purposes for the five-day school policy are sourced from laws and regulations that every child has the right to education, the provision of learning that is democratic and fair and non-discriminatory, as well as the fulfillment of the obligation to total teaching hours for teachers as employees of the state civil apparatus. The research concluded that the implementation of Minister of Education and Culture Regulation No. 23 of 2017 concerning School Days by State High Schools in the City of Semarang is supported by four aspects of communication, disposition, human resources, and bureaucracy.]]>
<![CDATA[Mens Rea and State Loses on Corruption Cases: An Analysis of Corruption Court Judgment of Semarang ]]>
<![CDATA[Kharismadohan, Alif]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35407
<![CDATA[Quality Judges' decisions are decisions that are based on legal considerations according to the facts revealed at the trial, according to the laws and beliefs of the judge without being influenced by various external and internal interventions. The results of this study indicate that the judge in giving the decision still considers the overall elements included in Law No. 31 of 1999 jo. Law No. 20 of 2001 concerning Eradication of Corruption and Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crime, including elements of the evil spiritual attitude (mens rea). In the case of even being caught, mens rea is still important to prove at the trial stage. Basically, this mens rea becomes an important element to determine the accountability of the perpetrator. However, in cases of corruption, it is often difficult to find mens rea, even though in the examination it indicates that there is a State loss that arises in an event of corruption. The conclusions of this study are the consideration of the judge in giving a decision, always considering the elements of the crime, then things that alleviate, things that are burdensome than the attitude of the defendant including mens rea or malicious intent.]]>
<![CDATA[How Government Strengthens the Street Vendors: Analysis of the Role of Brebes District Government ]]>
<![CDATA[Ismail, Akhmad Ghofar]]>;
<![CDATA[Kusumo, Ridwanto Ardi]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35408
<![CDATA[The empowerment of street vendors in an area, if appropriately managed, will be able to improve the economy of the community and the local government. It is the duty of the local government. This study aims to find out the efforts and impacts of street vendors' empowerment by the Brebes Regency government. The results showed that: (1) street vendors' empowerment efforts carried out by the Brebes Regency Government were reasonable, but it would be better if street vendors’ empowerment efforts had special regional regulations related to street vendors’ empowerment. (2) The impact of empowerment by the Brebes Regency Government is divided into two aspects, namely social and economic issues. Common elements, for example, the formation of street vendor associations, a more organized environment, in financial aspects, for instance increasing street vendors' income and increasing the income of Brebes Regency.]]>
<![CDATA[Law Enforcement of Motorized Vehicles with Muffler Racing by Magelang City Police ]]>
<![CDATA[Kurniadi, Damas Reza]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35415
<![CDATA[Muffler is a facility to dispose of exhaust gases that result from combustion in a motorcycle engine when the engine is started. Motorcycle riders often replace the standard muffler with a harder or racing muffler. Basically, muffler modification is considered a violation of the law. Based on the description above, the formulation of the problem that will be discussed in this research is how to implement regulations regarding the use of motor racing exhausts on public roads ?, And how the actions taken by the Magelang city police resort in dealing with the use of mufflers racing? The results of research and discussion indicate that law enforcement in the case of the use of motorcycle racing mufflers is included in law enforcement in the field of traffic. Law enforcement in the field of traffic can be grouped into preventive and repressive law enforcement. The conclusion drawn from this study is that the implementation of regulations regarding the use of motorbikes with racing mufflers on public roads has been carried out in accordance with the law. The action taken by Police is to carry out traffic and seizure actions taking into account the effects of pollution on the use of mufflers racing which not only damage human health but also damage the environment]]>
<![CDATA[How Police Overcomes Money Laundering? Study Analysis of Role of Central Java Regional Police Department on Money Laundering Case ]]>
<![CDATA[Pamungkas, Djoko]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35416
<![CDATA[Generally money laundering interpreted as a variety of processes that carried out to change the results of crime such as corruption, narcotics crime, gambling, smuggling, and other serious crimes, so that the results of the crime become visible as a result of the activities that corrupt, illegal, smuggling, and other serious crimes, so the results of the crime become visible as a result of the activities that have been corrupted or hidden. The aims of study are to describe the role of Indonesian National Police in tackling the rampant crime of Money Laundering Criminal Act through conducting investigations on it carried out by the Central Java Regional Police Department and analyzing factors that influence implementation of investigation. This is an descriptive research accordance to the problem and purpose of the research. In analyzing the study used sociological juridical research methods with qualitative research types. The results of the study are: 1) Investigation of Money Laundering (TPPU) works effectively and quickly based on Article 74 Law of Money Laundering and it carried out through systematic work management needed to support efficient and effective work so the handling of a case can run faster and measurable. The aim is to facilitate investigators in investigate of wealth from criminal acts, which are inseparable from the collection of evidence instruments in the investigation of all the 183 Jo 184 Criminal Procedure Code and article 73 Law on Criminal Procedure. 2) Factors that influence the investigator in investigate of criminal acts of money laundering are legal factors, legal action, legal reasoning or facilities that support the enforcement of law and factors of community.]]>
<![CDATA[The Meaning of the Expansion of Administrative Court that Covers Factual Actions ]]>
<![CDATA[Aji, Fellista Ersyta]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35417
<![CDATA[The Administrative Court and Law No. 5 of 1986 on State Administrative Justice have been provided facilities for the public to sue the government and ask to cancel the decision made by the government. Law No. 30 of 2014 on Government Administration has been stipulated that Government Administration Act more or less supersedes the provisions contained in the Law of the State administrative justice. Especially in this Law which attracts attention is the expansion of object disputes state Administration. The object of the state Administration dispute in this Act is different from its elements to the Law of the State administrative justice. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard. This study aims to find out and understand the meaning of factual actions in Article 87 letter (a) of Law Number 30 of 2014. This study uses a qualitative approach to the type of research Normative Juridical. Data collection techniques are Library study is to collect data conducted by reading, quoting, recording and understanding various literature that have to do with research material. The object of the state Administration disputed in Law Number 5 of 1986 and its amendment has expanded on Law Number 30 Year 2014 on Government Administration. When the object of the dispute expands, it will affect the decision taken by the legal practitioner in this case is the state Administration judge.]]>
<![CDATA[Pre-Release Treatment in Class II A Correctional Institution of Pekalongan ]]>
<![CDATA[Muslim, Ichwanul Fauzi]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35419
<![CDATA[Implementing pre-release treatment for a convict is one of the tasks of a correctional institution as a Technical Implementation Unit in the field of contruction. Thus, a correctional institution, in implementing correctional guidance, must consider human right protections aspects for them to be balanced with the public interest. Convict constructions in a correctional institution is an effort conducted to enforce the law. This study, entitled “The Juridical Observation of Pre-Release Treatment in Class II A Correctional Institution of Pekalonganâ€Â, has two research questions, including how the pre-release treatment is a determined in Indonesia positif law and what obstacles are faced in the pre-release treatment process in Class II A Correctional Institution of Pekalongan. The study aims at finding out the provisions of the pre-release treatment in Indonesian positive law, The provision of pre-release treatment is one form of society contruction processes that is conducted based on correctional system which aims to prepare the convicts to be able to integrate with the society. Therefore, they are able to play a role as a society member who owns freedom and responsibility before they are actually released.]]>
<![CDATA[Sak Uwong Sak Uwit for Environmental Protection Based on Local Wisdom: An Environmental Law Reform in Indonesia ]]>
<![CDATA[Kusumo, Ridwanto Ardi]]>;
<![CDATA[Kurnianto, Anang Wahyu]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35451
<![CDATA[The research is examines the local wisdom values of Sak Uwong Sak Uwit as environmental protection in the context of local regulation. After the issuance of the regulation, of course it must be understood how the implementation of the regulation and how to supervise the implementation of this policy in Pegandon Village, Pegandon District, Kendal Regency. This research is a sociological juridical research with a qualitative approach, with research locations in Kendal District Community and Village Empowerment Agency and Pegandon Village. The technique of checking the validity of the data uses source triangulation and technique triangulation techniques. Analysis of the data used is an interactive analysis model. This study concluded that, first, in Pegandon Village running the program of Sak Uwong Sak Uwit (SUSU) or One Man One Tree was only at the beginning of the year, because of its lack of approval by the people who had to bear the burden of costs, non-existent planting land and management of unclear results. Then, the second shows that the lack of seriousness of the Regional Government in terms of guidance and supervision of this program has an impact on the Implementation of the Sak Uwong Sak Uwit (SUSU) Local Regulation.]]>
<![CDATA[Criminal Law Policy in Handling Digital Asset-Based Money Laundering in Indonesia ]]>
<![CDATA[Akbar, Dipo Lukmanul]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35543
<![CDATA[The rapid development of information technology has given birth to a variety of services with a variety of digital information facilities, where the sophistication of information technology-based products is able to integrate all information media so as to make the world become borderless and cause significant social, cultural, economic and law enforcement changes take place quickly. Nevertheless, the conditions in Indonesia which are growing and developing towards an information technology-based industrial society, in some cases are still lagging behind to follow the development of information technology. The concepts and theories used to analyze are Criminal Law Policy, Law Number 8 of 2010 concerning Money Laundering. The paper emphasized that the development of information technology that is developing now, especially in the field of digital assets is able to become an opportunity for money laundering. The paper highlighted that in the case of committing the crime of money laundering is carried out using the digital currency-based information technology method and can be used for cross-country trade. So that the crime of money laundering based on digital assets is very easy to do and can have a worldwide network.]]>
<![CDATA[Law Enforcement on Fisheries Crime After the Enactment of Law Number 45 of 2009: A Normative Analysis ]]>
<![CDATA[Susanto, Joko]]>;
<![CDATA[Masyhar, Ali]]>
<![CDATA[ Journal of Law and Legal Reform Vol 1 No 1 (2020): Problems and Challenges on Law Enforcement and Legal Reform in the Global Context ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v1i1.35590
<![CDATA[Abstract. Indonesia is one of a country which have two geographical form as the characteristics, one as archipelago and one as a mainland country. Indonesia is located between two continent, Asia and Australia Continent and also by two ocean, Pacific and Hindian Sea which are very wide. Indonesia is a big and important archipelago country with the islands. We realized that in the Indonesian region there are so many resources which can sustain life and the people of Indonesia. This potential can cause natural disaster if the management does not paying attention to the limitation of the natural capability, for example the sea exploration and exploitation with the use of unmodern tools. It is undeniable that in the management of natural fisheries resources there are still violation by the unresponsible parties in that field. The violation can cause bad for the fisheries ecosystem in our country. The impact will reduce the fisheries resource in which could have been managed for the beneficial of the people. One of the matters that will be discussed in this article is about the philosophical juridical foundation about natural resource, knowing the normative review in the field of fisheries, element of criminal liability, modes of operation in fisheries crime, as well as the knowledge about the advantages and disadvantages of fisheries law change. However, in order to protect the national wealth in form of fisheries resources it is required that the government take action in preserving natural resources. In this case the role of law is very important, especially criminal and civil law as a media to control and prevent the action that can disturb the management and preservation of the fish resources and environment. In law number 31 year 2004 jo. Law number 45 year 2009 concerning fisheries, provides clarity and legal certainty towards law enforcement for criminal offense in the field of fisheries, which includes investigation, prosecution and examination at the court hearing. Suggestion in this article are legal rules regarding the law of fisheries which is still valid at the moment must be reconstructed and renewed so that the law enforcement authorities are more able to increase the supervisition and action in the Indonesian sea. Including the need of pulic attitude and awareness towards the law especially in the field of fisheries.]]>
