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.
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<![CDATA[Democratic Legal Culture: How Strong are Values? ]]>
<![CDATA[Ergashev, Zafar]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.45760
<![CDATA[This article is about on legal reforms on raising democratic legal culture in Uzbekistan.]]>
<![CDATA[The Study on Additional Criminal Imposition Through Counseling Compliance in Domestic Violence Crime ]]>
<![CDATA[Asa, Simplexius]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48113
<![CDATA[The Domestic Violence Law stipulates an alternative for judges to impose additional penalties in the form of referrals for counseling aiming at providing protection to victims, either as preventive measures or preventive ones. There are three important principles that should frame the assistance provided to the victims by the law enforcers, health workers, social workers, companion volunteers, and spiritual counselors namely: (1) protection to the victims, (2) Sensitivity to the interests of the household, (3) leads to household unity and harmony. This research is designed as a normative research based on documentary research, while the analysis of the collected data is carried out and presented in a qualitative-descriptive manner. This study concludes three important things. First, additional punishment in the form of orders for perpetrators of domestic violence crimes to attend counseling so that the perpetrators can be aware of their actions and willing to change not to commit acts of violence again. Second, the implementation of counselling the perpetrators of domestic violence should take into consideration judicial and sociological requirements when providing counselling as an additional penalty in the form of orders. Third, study finds that attending counseling benefits the family in maintaining the unity of the family and that the children can be raised in a more conducive atmosphere. The weakness of the approach is that the process is time consuming and requires the deployment of more resources.]]>
<![CDATA[Comparison of Rechterlijk Pardon Concept on 2019 Criminal Code Draft and Article 70 Law Number 11 of 2012 concerning Juvenile Criminal Justice System ]]>
<![CDATA[Yuliawati, Irma]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48368
<![CDATA[The formulation of the idea of ​​​​forgiving judges (rechterlijk pardon) in the Draft Criminal Code is motivated by the rigidity and inhumanity of the current Criminal Code. Which resulted in small cases that were decided criminal, because the current Criminal Code does not accommodate the authority of judges to forgive cases that are considered unfit to be sentenced. This modification of the rechterlijk pardon concept is expected to reflect a sense of justice, benefit within the framework of Pancasila as a source of law for the Indonesian nation. In contrast to the concept of rechterlijk pardon in Article 70 of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System, which has previously applied the concept, to minimize the imposition of crimes against children which should not be based on appropriate retaliation for the crimes committed, because it will be fatal to the physical and physical development of children. To answer the existing problems the author uses a qualitative approach with normative juridical research on the statute approach, conceptual approach and comparative approach. The use of this normative qualitative analysis method is closely related to the problems discussed in comparative approach and conceptual approach, so that it takes the form of descriptive-analytical. The results of this research comparison show that the forgiveness of judges in the Criminal Code Bill needs to categorize the types of minor/moderate/serious crimes and what crimes are forgiven categorized based on the material law itself must also adjust to the implementing rules.]]>
<![CDATA[Traditional Institutions and Socio-economic Development in Nigeria: A Critical Analysis ]]>
<![CDATA[Omitola, Bolaji]]>;
<![CDATA[Akinrinde, Olawale Olufemi]]>;
<![CDATA[Omitola, Adetola]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48587
<![CDATA[Traditional institutions held pre-eminence positions in the pre-colonial societies in Nigeria. The level of order witnessed during this period was a testimony to the invaluable roles played by the traditional rulers in administering their different empires, kingdoms and communities. However, during the colonial era, the position of traditional rulers was compromised as they became mere stooges of the colonial power. The post-colonial period saw the traditional rulers’ roles diminished as they were given advisory roles in previous constitutions and with no single role in the 1999 Constitution. Thus, for the continuous relevance of the traditional institutions, there is a need for re-examination of their roles in the country. This chapter argues for community based developmental roles for the traditional rulers in the country. These include promotion of tourism development, encouraging modern agricultural development, maintenance of peaceful co-existence among the people of their domain and settlers from other parts of the country, providing platform for alternative dispute resolution, monitoring the activities of the various vigilante groups and other unconventional security apparatus in their communities and lastly partnering the security operatives through intelligence gathering within their domains for effective operations of security outfits in serving the people better.]]>
<![CDATA[How Can the Law Protect the Forest? ]]>
<![CDATA[Wardani, Winda Indah]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48757
<![CDATA[Forest area is a living environment that must be preserved. Therefore, forest protection is done through law no 18 of 2013 on the prevention and eradication of forest destruction. Although there is normative forest protection, forest fire and destruction cases are still common. So that the implementation of environmental law enforcement in Indonesia needs assessment has been appropriate or not with the law. Then if there is any inconsistency with the applicable regulations, it is necessary evaluation and solution to answer the problem. So that the goal of protecting the forest can be realized. Given the impact of forest fires and forest destruction is not only felt by people in the country but also the world community.]]>
<![CDATA[Legal Protection for Children as Victims of Violence ]]>
<![CDATA[Rachmanto, Evan Ferdiyan]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48758
<![CDATA[A child contains human right, including those employing adult, children do not have much to think about and take concrete steps. In Indonesian, laws relating to Positive Law, is The Law No. 23 of 2002 on Child Protection have been amended by Law No. 35 of 2014 on Child Protection, which is very significant in reducing the level of violence against children. Legal protection for Children begins early in the womb birth. In its development there are children are in the environment is full of violence. Various social deviations that occur in the community more and most of the children. So that the perpetrators of violence do not feel deterred and no longer do the crime.]]>
<![CDATA[Socio-Economic and Legal Analysis on Forest Protection ]]>
<![CDATA[Sanjaya, Andika Bangun]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48759
<![CDATA[The protection of forests today is not just a problem is regional (national) but it is a world problem (global). This is related to the function of forests in maintaining ecological balance which also affects the global climate, such as the effect of 'global warming' which can threaten the safety of living things. Nevertheless, reality shows that the economic function of the forest, ie as a source of the eye livelihood for a group of people, as a means of accumulation capital (capital) for entrepreneurs (capitalist), and as a source of foreign exchange for countries, often defeating forest functions in maintaining equilibrium ecological (including global climate). The continued pressure of population increased is one of the factors that contribute to accelerating forest destruction. This is due to the need for more land and more building materials, both for settlement and land for activities farming, and materials for new buildings. Utilization excessive forest economic functions by a human (forest exploitation) without caring about ecological balance can be catastrophic for humans themselves, and require far-reaching economic and social costs greater than the economic results that have been obtained.]]>
<![CDATA[Human Trafficking in Thailand in Perspective of Human Rights Law ]]>
<![CDATA[Sihotang, Natalia]]>;
<![CDATA[Wiriya, Channarong]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48760
<![CDATA[Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.]]>
<![CDATA[Quo Vadis Indonesian Labor Act: How Far the Protection for Labors? ]]>
<![CDATA[Pambudi, Kukuh]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48762
<![CDATA[Basic human rights for Indonesian workers are set out in constitution both in the 1945 Constitution, Law Number 39 Year 1999 regarding Human Rights, as well as in Law Number 13 of 2003 on Employment. Although there are regulations that regulate human rights for the people labor, but in fact many violations occur. Proven with the existence of Article 64 of the Manpower Act regulating Outsourcing, where in its development with the outsourcing system there are many shifts in the application of outsourcing system. Outsourcing is initially only imposed on that type of work not directly related to the production process of that activity relating outside the core business of a company, will but in reality almost all types of jobs are subject to outsourcing This research will describe in relation to the protection of human rights for the workforce especially for outsoutcing in labor Indonesia. The research method used is normative Juridical with the approach used is the Legislation Approach. The results obtained that with the Decision of the Constitutional Court Number 27 / PUU-IX / 2011 concerning Request for Testing of Law Number 13 of 2003 on Employment of the 1945 Constitution, is one form of legal protection for outsourced workers. Because in the verdict states that outsourcing only is permitted for the types of work listed in Article 59 of the Manpower Law.]]>
<![CDATA[Hajj Pilgrims' Abandonment: The Protection for Consumer (Case of PT Anugrah Karya Wisata Utama and PT Abu Tours & Travel) ]]>
<![CDATA[Rahmawati, Sekar Arum]]>
<![CDATA[ Journal of Law and Legal Reform Vol 2 No 4 (2021): Legal Reform and Its Impact on Structure and Legal Culture: A National and Global ]]>
Publisher : <![CDATA[Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia ]]>
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DOI: 10.15294/jllr.v2i4.48764
<![CDATA[People are encouraged to selectively choose a trusted umroh travel agency. First Travel and Abu Travel has violated Article 65 letter a Government Regulation Number 79 Year 2012 on Implementation of Law Number 13 Year 2008 regarding Hajj Implementation. The violation is a neglect of Umrah pilgrims who failed to leave for Saudi Arabia, and resulted in material and immaterial losses experienced by Umrah congregation. The type of legal research used by the authors in this study is the type of legal case study research; This type of research is also called Library Research, is research conducted by tracing or reviewing and analyzing library materials or materials ready to use documents. Improving the supervision of umrah. The supervision is done because it can increase the travel agency of umroh and haj pilgrimage, so that with this supervision the prospective pilgrims who register will not get the act of fraud.]]>
