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INDONESIA
Journal of Law and Legal Reform
Published by Universitas Negeri Semarang
ISSN : 27150941     EISSN : 27150968     DOI : https://doi.org/10.15294/jllr
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 247 Documents
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Security and Human Rights Under the Regime Tariye, Oputa Andrew
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.41007

Abstract

This paper reappraises national security challenges, human rights provisions, derogations under the 1999 constitution of the Federal Republic of Nigeria and the place of human rights in conflict situations between national security and human rights under Nigerian law. In achieving its aim, this paper adopts an admixture of the historical, comparative, empirical, the law and development approaches, in relevant areas. The paper ends with a conclusion and set of recommendations.
Forest Fires and Law Enforcement: The Capture of Indonesian Contemporary Condition Ryadi, Arief; Masyhar, Ali
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.42723

Abstract

A good and healthy living environment is not only a right, but therein must also have the responsibility to protect and protect as well as manage or preserve it so that it is getting better and healthier every day. One of the environment that must be protected is the forest. Forest is an invaluable natural resource because it contains biodiversity such as timber and non-timber forest products, water management, flood and erosion prevention as well as soil fertility, protection of biological nature for the benefit of science, culture, recreation, tourism and so on. However, recently forests in Indonesia have been degraded in the form of forest fires. The negative impacts caused by forest fires are quite large, including ecological damage, decreased biodiversity, decreased economic value of forests and land productivity, micro and global climate change, and their smoke affects public health and disrupts transportation, including land, rivers, lakes, sea and air. The government has also issued several regulations related to forest destruction. Among others, Law No. 41/1999 on Forestry. Article 49 of the Forestry Law states that rights or permit holders are responsible for forest fires in their working areas. But unfortunately the law does not explain the criminal provisions regarding Article 49. Meanwhile, if the perpetrator is a legal entity or business entity, the charges and criminal sanctions imposed on the management, either individually or collectively, are subject to criminal penalties in accordance with the respective criminal threats. plus 1/3 (one third) of the sentence imposed.
A Discourse of Chemical Castration Punishment: How We Protect Our Children from the Rapist? Pradana, Hanang Hendra
Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i2.43072

Abstract

The crime of rape against children is a serious problem that must be resolved by the government. The increase in cases of rape against children proves that the existing regulations have not provided a deterrent effect for the perpetrators. The state here has a role in dealing with victims of rape, the role of the state can be realized through the rehabilitation process as a step to restore the psychological condition of victims as a result of crimes that have occurred. In addition to rehabilitation, the state also issued regulations to prevent these crimes from recurring by issuing Law Number 17 of 2016. Several questions arise from the author that the issuance of this law can fulfil the rights of children as victims of rape and be able to prevent the crime of rape from recurring. The research indicated that the existence of Law Number 17 of 2016 does not guarantee protection for child victims of rape. The law focuses on the punishment of perpetrators not on the rehabilitation process that should be carried out by the state and the rights of children who are victims of rape have not been fulfilled.
A Critical Examination of Breeders’ Monopoly Rights to the Detriment of Farmers under the Ethiopian Plant Breeders’ Rights Law Degu, Temesgen Abebe
Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i3.44266

Abstract

Agricultural innovations have for long remained outside the domain of Intellectual property rights (IPRs) due to ethical and socioeconomic grounds. With the advent of modern agro- biotechnology, however, the sector is subjected to IPRs. Particularly, the TRIPS Agreement provides that plant varieties (PVP) shall be protected either through patent or an effective soi generic system, or a combination thereof. In this regard, Ethiopia adopted plant breeders’ rights (PBRs’) law in 2006. This article aims at evaluating the monopoly rights of private breeders in comparison with farmers’ rights on the basis of various ethical and socioeconomic factors. Accordingly, the second section overviews the introduction of IPRs in the agricultural sector. Section three deals with PVP under the TRIPS Agreement and the flexibility thereunder. After briefly introducing the Ethiopian PBRs’ law in section four, the pros and cons of PVP is addressed under section five. Section six evaluates farmers’ rights under the Ethiopian PBRs’ law. The last section concludes the article.
Political Dynasty in Law and Political Perspective: to what extent has the Election Law been reformed? Luluardi, Yunas Derta; Diniyanto, Ayon
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.44321

Abstract

A democratic state allows for the birth of a dynastic politics. Indonesia as a democracy must accept these consequences. As long as dynastic politics are in accordance with the constitution and do not violate democratic principles, the state accommodates the birth and development of dynastic politics. In Indonesia, since the opening of the doors of reform and regional autonomy, it has led to a democratization of political power at the center as well as in the regions. Dynastic politics also grows and develops. The growth and development of dynastic politics occurs at the level of political power in the regions. In the Tegal Raya region, dynastic politics led by the Dewi Sri clan had experienced developments and was able to place several members of the Dewi Sri clan in several political powers. But interestingly, the political development of the dynasties in the Tegal Raya region must be reduced. This article analyzes the factors that influence the development and reduction of dynastic politics in the Tegal Raya Region.
Determination of Advancement of Technology against Law Said, Kholil; Diniyanto, Ayon
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.44525

Abstract

The rapid technological advancement cannot be separated from the negative impact. Unfortunately, technological advances that have a negative impact are often determinants of law. This condition is of course very detrimental to society. Law, which is actually an instrument of state policy to prevent and act against the negative impacts of technological progress, is precisely technological progress as a determinant of law. This certainly creates problems that must be resolved. This study examines the determination of technological progress on the law. This study also formulates a legal model that is able to provide determination on technological progress. This research was conducted using a qualitative research approach and normative juridical research. The results of this study are to describe the evidence for the determination of technological progress against the law. In addition, it also formulates a legal model that is determinant of technological progress.
State Authority in Appointing ASN: Comparison of Issues between KPK Employees and Honorary Teachers Khasna, Syarifa; Diniyanto, Ayon
Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i2.46347

Abstract

Government Regulation No. 41 of 2020 on the Transfer of Employees of the Corruption Eradication Commission into Civil Servants unilaterally makes KPK employees as ASN. In fact, not all KPK employees are willing to be ASN and there is public rejection of the policy. On the other hand, there are honorary teacher want to be appointed as ASN. Until now there is no certainty of transfer of honorary teacher status to ASN. Although there has been policy related to the appointment of honorary teachers to become ASN, but the policy is different from the policy transferring status of KPK employees to ASN. This study aims to find the motives of the state to transferring KPK employee status into ASN and find policy differences in the appointment of ASN between KPK employees and honorary teachers. This research showed that the transfer of KPK employee status to ASN has pros and cons motives. The pro motive is that the transfer of KPK employee status to ASN aims to have (1) KPK employees well coordinated; and (2) the need for ASN support to KPK as part of KPK strengthening. The counter motive sees the transfer of KPK employee status to ASN as an effort to control KPK and strengthen the independence of KPK employees or weaken KPK. Meanwhile, ASN appointment policy inequality between KPK employees and honorary teachers has not been in accordance with the principles of equality right and economic equality.
Money Ransom as a Criminal Sanction in the Persecution Case Sukartono, Sukartono
Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i2.46467

Abstract

The criminal acts of persecution committed by the people of Sitimulyo Village, Pucakwangi District, Pati Regency must be sanctioned with monetary fines, with the low economic community the head of the local police station applies monetary sanctions which are considered deterrent against other punishments. . This study aims to, 1) describe the criminal sanction of maltreatment with a money ransom, 2) develop knowledge within the framework of Indonesian criminal law, 3) provide an understanding to the villagers in the village of Sitimulyo about the punishment of ransom money for the criminal act of persecution. This research is an empirical study or it can also be called field research that examines its money ransom sanction in Sitimulyo Village, Pucakwangi District, Pati Regency. This research includes empirical research. Data collection method through observation, interviews, and documentation. The author uses a qualitative deductive thinking method in analyzing this problem, namely the process of approaching from the general truth about an event or event resulting in the truth on the same event continuously with a money ransom penalty is very effective compared to national law and Islamic law.
Access to Justice for Disability in the Perspective of John Rawls Theory (Case of Demak Regecy Indonesia) Idris, Maulana Fahmi
Journal of Law and Legal Reform Vol 2 No 3 (2021): Justice and Legal Reform in the Broader Context
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i2.46486

Abstract

Disabilities are people who experience physical, intellectual, mental, and / or sensory limitations for a long period of time who in interacting with the environment may experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. For this reason, disabilities must be given access to public facilities that are more compared to normal humans, in order to fulfill a sense of justice. This research aims to find out the meaning of accessibility for persons with disabilities to achieve John Rawls's version of justice in Demak Regency. The research method used in this research is this type of research is qualitative legal research using a juridical-empirical (non-doctrinal) approach, which is this type of research to find out how the law is implemented. In this case the author wants to know how the implementation of the theory of justice according to John Rawls in fulfilling the accessibility for persons with disabilities to achieve the version of Justice John Rawls in Demak district. The results of this study indicate that: first, accessibility for persons with disabilities is the fulfillment of proper public facilities for persons with disabilities to facilitate their activities. Secondly, accessibility for persons with disabilities in Demak Regency is still minimal because public facilities are still focused on normal humans and there are several public facilities that not yet available so that John Rawls' version of the theory of justice has not been achieved.
Non-Penal Deradicalization of Former Terrorist Prisoners (Study at Lingkar Perdamaian Foundation) Aisy, Rohadhatul
Journal of Law and Legal Reform Vol 2 No 2 (2021): Global Discourses on Justice, Human Rights and Legal Certainty
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i2.46487

Abstract

After having been freed from correctional institutions, there were many former terrorism prisoners who got difficulties or challenges to find a job and interact with the society. This research aims to identifying and analyzing the radicalism reality of the former terrorism prisoners in Indonesia and deradicalization efforts conducted by Lingkar Perdamaian Foundation toward the former terrorism prisoners. This study used juridical-sociologic approach and applied qualitative research. The result of this research showed that the former terrorism prisoners gained enormous potential to redo their crime. Several factors that led them to be steadily radical were ineffective guidance attempts undertaken by correctional institutions, no suitable places to stay after they were freed from the correctional institutions and strong stigma possessed by society which caused the former terrorism prisoners to rejoin their previous radical community. The deradicalization efforts conducted by Lingkar Perdamaian Foundation were helping, empowering, training and boosting the former terrorism prisoners to be better people and serving new community for them in order that they would not rejoin their previous radical groups. The conclusion drawn from this research is that the reality of the former terrorism prisoners in Indonesia after they are freed from the correctional institutions is steadily radical. The deradicalization efforts done by Lingkar Perdamaian Foundation are serving trust, life autonomy, room for interaction and socialization with broader society in order that the former prisoners are kept away from negative stigma of former terrorists.

Page 7 of 25 | Total Record : 247

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