Unnes Law Journal
Unnes Law Journal (Unnes L.J.) is a double-blind peer-reviewed legal journal (ISSN Print 2252-6536 ISSN Online 2722-4503) publishes research and review papers concerning to Legal Studies. Unnes L.J. published biannually by the Faculty of Law, Universitas Negeri Semarang on April & October. Focus and Scope of Unnes L.J. are concerning (but are not limited to): Criminal Law, Private Law, Administrative Law, International Law, Procedure Law, Tax Law, Customary Law, Islamic Law, Environmental Law, State Administrative Law, Law Land, Insurance Law, Law and Human Rights, Politics of Law, Sociology of Law, Anthropology of Law, Philosophy of Law, Agrarian Law, Forestry Law, Law of the Seas, Ocean Law, Climate Change Law, Maritime Law, Diplomatic Law, Humanitarian Law, Special Criminal Law, Economic Law, Business Law, Consumer Protection Law, Intellectual Property Rights Law, Capital Market Law, Comparative Law, Regional Financial Law, Regional Autonomy Law, Sharia Economic Law, Health Law, Law and Society, Law and Forensics, Criminology, Victimology, Penitentiary Law, Law and Technology, Law and Gender Studies, and other related issues on Law in broader aspects (including Social, Economic, Politic, Security, Education, and Culture).
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<![CDATA[Pengaruh Keterangan Ahli Terhadap Keyakinan Hakim dalam Putusan Tindak Pidana Korupsi ]]>
<![CDATA[Dilaga, Auria Patria]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2897
<![CDATA[The purpose of study to determine what the facts are revealed when expert testimony presented in the trial of corruption cases and to find out how the experts position to influence the judge in the decision of conviction corruption cases. Research in writing is a juridical sociological method is a qualitative approach. With the data source is primary data and secondary data. Data collection techniques used are: 1) The study of literature, 2) Observation, 3) Interview. The results of this research are: 1) The fact revealed when expert testimony presented at the hearing was related to its particular expertise so get persesuian with other evidence to assist the judge in settling cases. 2) Position the experts as well as other evidence, but it has a function in making light of the case as presented expert testimony from the trial court gave the judge his expertise gained an understanding of the whole case. The conclusions of this research are: 1) The fact that is expressed in the form of expert opinions that can help judges resolve cases duntuk because experts have different skills and competencies delivered testimony also differed among the experts. 2) Position the experts in corruption cases be generalized to other evidence, but the Criminal Code has the role of expert testimony to clarify or make light of a case.]]>
<![CDATA[Pelaksanaan Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi Di Lembaga Pemasyarakatan Klas I Semarang ]]>
<![CDATA[Wibowo, Dimas Hario]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2898
<![CDATA[The purpose of this study to determine the perceptions of law enforcement against remissions for corruption convicts, and to investigate how the efforts of Class I Semarang Prison in effecting remission. In writing this paper, the problem is: (1) How do perceptions of law enforcement in granting remissions for corruption convicts? (2) efforts - efforts that are being undertaken by Corrections Corporation of Class I Semarang in effecting remissions? This research uses a sociological approach to the study of law juridical associated legal aspects and regulations - laws and regulations are then linked to the fact that occur in the community. The results of research on the perception of law enforcement to remissions for corruption convicts that law enforcement has a different perception - different, law enforcement agree on tightening requirements remissions for corruption convicts on the grounds of corruption, including in particular criminal group. Regarding Penitentiary efforts in effecting remission for prisoners, granting remissions for corruption convicts have a direct impact to the behavior and attitudes. These impacts include inmates become a better person and have a passion to get back into society. Conclusions from this research is the perception of law enforcement is different - different regarding remissions for corruption convicts. Prosecutors and judges agree on remissions for corruption convicts while police disagree. Law enforcement agencies agree on tightening remissions for corruption convicts. Efforts are made of Class I Semarang Prison in an effort to streamline the provision of remission for prisoners have a positive impact on inmates during their formation in Class I Semarang Prison]]>
<![CDATA[Kebijakan Formulasi Pidana Bagi Korporasi Yang Tidak Membayar Denda dalam Tindak Pidana Korupsi ]]>
<![CDATA[Bryantonio, Maulana]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2900
<![CDATA[This research aims to find out and analyze criminal regulation and policy formulation forward criminal for corporations that did not pay the fines in criminal acts of corruption. This research is the juridical normative legal research. The methods used in the collection of legal materials is the study of librarianship and documents. Legal material has been collected and then analyzed using descriptive reasoning methods. The result of this research is 1) the constitution of corruption currently don't control what that means of employment relation and relation to another as well as criminal sanctions alternatif other than criminal penalties for corporate if a fine not paid by corporations, 2) the policy criminal forward for corporate who is not paying a fine in corruption arranged in the concept of KUHP 2012 article 82 and article 85. Conclusions that can be drawn in this thesis is the absence of a guideline and a regulation that is clear about sanctions a criminal offense for corporate who is not paying the sanction, in the constitution corruption eradication, whereas sanction a criminal offense for corporate who is not paying the sanction, is set in the concept of KUHP 2012 article 82 and article 85.]]>
<![CDATA[Urgensi Penunjukan Pejabat Pengelola Informasi dan Dokumentasi Badan Publik di Kota Semarang ]]>
<![CDATA[Warisno, Fitriana Riscadewi]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2901
<![CDATA[The right to obtain information as mandated by Article 28F of the 1945. Constitution has not been implemented to full potential itself, it’s indicated by some difficulty from the public to access public information because PPID has not been appointed in public agency. Appointment of PPID is mandatory for all public agencies which outlined in Government Regulation No. 61 on 2010 about the Implementation of Law No. 14 of 2008 that mention about the transparency of Public Information. The problem in this research is how the urgency of the appointment of PPID and the constraints of PPID appointment on public agency in the city of Semarang. The purpose of this research was to describe the urgency as well as find any obstacles in the appointment of PPID. This research used qualitative research methods to analyze the data and the author used the stages of data collection, data reduction, data presentation and conclusion or verification. The results showed that in the city of Semarang, there are two factors urgency on PPID appointment, namely urgency normative and sociological importance. Urgency normative forms a pressure laws and urgency sociological form a community needs for information. There are obstacles during this appointment of PPID such a internal constraints which derived from the public agency in the form of a closed culture, bad bureaucracy and lack the capacity to PPID. The external constraints coming from public information users who do not understand the function of PPID. These obstacles can be overcome by using a model of management in the form of Socialization and Training (PPID / public agencies and the public itself), Community Assistance and the Threat of Disputable Information.]]>
<![CDATA[Peradilan In Absentia Pada Perkara Tindak Pidana Korupsi dalam Perspektif HAM Terdakwa ]]>
<![CDATA[Harianja, Suriady]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2903
<![CDATA[The purpose of this research is to know and understand the basic idea of the application of trial in absentia in the case of the Corruption, and to know the trial in absentia in the case of the Corruption and human rights relation to the defendant. In this writing, the type of research that was used normative legal research collection of legal materials used are literature research. The results of this research are: (1) the basic idea of the application of trial in absentia in the case of corruption is that it allows the examination in the trial because the defendant intentionally absent the trial, so that will have law certainty of the evidence relating to the case which examined the state assets, in order to save the State financial in the public interest. (2) the administration of justice in absentia on corruption cases essentially violating human rights, but by using the principle of derogation from the rights of the defendant as stated in Act Number 8 of 1981 on Code of Criminal Procedure (Criminal Code/KUHAP) and other regulatory legislation in Indonesia and international documents on human rights, can be delayed fulfillment (derogable rights). The conclusions of this research are: (1) the application of the basic ideas trial in absentia in the case of Corruption for the benefit of the country's financial rescue. (2) by using the principle of derogation from the rights set forth in the Code of Criminal Procedure the defendant may be delayed fulfillment of public interest.]]>
<![CDATA[Pelaksanaan Pembimbingan dan Pengawasan Anak Pada Pidana Bersyarat ]]>
<![CDATA[Kholiq, Abdul]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2904
<![CDATA[Conditional punishment is a form of punishment that does not result in the deprivation of the rights from convicted person. In the juvenile justice system are different from adults. The purpose of this research is to know and understand the parole (conditional punishment) comparison of the Criminal Code, Act No. 3 of 1997, Criminal Law Concept of 2012 and Act No. 11 of 2012, as well as knowing how to transform and guiding the implementation and supervision of children in the parole (conditional punishment) conducted by Correctional Center Class I of Semarang and Prosecution Counsel of Semarang. This study uses sociological juridical approach (non-doctrinal) with data collection including interviews, literature study and documents study. The results of comparative of conditional punishment on some categories of comparison inclue the following : the sentencing limitation, general conditions, special requirements, lenght of trial, officials who helped the conditional punishment execution and implementation of education. Implementation guidance and supervision of children who undergo conditional punishment by Correctional Center Class I of Semarang and Prosecution Counsel of Semarang has not been implemented optimally considering coaching (guidance) do not have a standardized system of supervision and monitoring intergrated regulated in legislations and infrastructure constraints faced community supervising officer. The supervision to the convicted person only the implementation of a administrative is required to report row (child) by using the form P-51 as the card control must report to the prosecutor. Summary in this research i.e. basically the guidance and supervision of the implementation of compliance in the Act No. 3 of 1997, but it should be underscored diaris in practice there are still some obstacles and barriers that occur such as limited personnel and limited operational budgets.]]>
<![CDATA[Perluasan Kompetensi PTUN dalam Mengadili Sengketa Informasi Publik ]]>
<![CDATA[Naelufar, Riscan]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2905
<![CDATA[Dispute public information (SIP) is a dispute between public agencies and users of public information relating to the right to obtain and use information based on legislation (Article 1 paragraph (5) Act No.14 of 2008 on KIP). With the enactment of Act No.14 of 2008 on KIP then the rising powers in the administrative court judge SIP. Problems were taken in this study is (1). How does the settlement process SIP Information Commission (2). How SIP Settlement Process in the Administrative Court (3). Ideal model to resolve SIP. This research Qualitative Deskripsif normative juridical approach to the type and validity of the data using triangulation techniques. The results showed that the process of finalizing the SIP through the Commission resolved a lot of information with non-litigation mediation than in adjudication, but related to non-litigation adjudication in the proposed appeal to the administrative court in the administrative court can be solved by using the Supreme Court Regulation No.2 of 2011 as procedural law. In connection with the completion of the SIP through both institutions komparasikan then the next will be to find a model or an ideal policy to resolve SIP and looking for a rule of law relating to legal ambiguity contained in Act No.14 of 2008 vis-à-vis the Supreme Court Regulation No.2 of 2011.]]>
<![CDATA[Potensi Penerapan Weekend Detention di Indonesia Sebagai Upaya Percepatan Resosialisasi Pelaku Tindak Pidana ]]>
<![CDATA[Napitupulu, Tigor Hamonangan]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2907
<![CDATA[This study aims to determine the existence of weekend detention in prison and possible implementation and formulation of weekend detention in pidana permasalahan law reforms that were examined in this study werein this study the authors used research methods normative juridical approach to legislation, concepts, philosophies, perbandingan. For analyzing the data, researchers used descriptive analysis or presentation with an overview of the subject and object of research as research that has been didapatkan. Result research shows that in practice in prison with no coaching model of weekend detention. But in Indonesia has a program of assimilation regulated in Law Number 12 Year 1995 concerning Correctional further stipulated by Government Regulation No. 28 Year 2006 on Amendment to Government Regulation No. 32 Year 1999 on Terms and Procedures for Implementation of the Rights of prisoners, which basically resemble weekend Detenion system, only assimilationapplied to all inmates eligible administrative and substantive weekend detention while expressly formulated to be applied to all inmates who were threatened with a period of time corresponding provisions of existing law.]]>
<![CDATA[Pengaruh Keterangan Ahli Terhadap Keyakinan Hakim dalam Putusan Tindak Pidana Korupsi ]]>
<![CDATA[Auria Patria Dilaga]]>
<![CDATA[ Unnes Law Journal Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2897
<![CDATA[The purpose of study to determine what the facts are revealed when expert testimony presented in the trial of corruption cases and to find out how the experts position to influence the judge in the decision of conviction corruption cases. Research in writing is a juridical sociological method is a qualitative approach. With the data source is primary data and secondary data. Data collection techniques used are: 1) The study of literature, 2) Observation, 3) Interview. The results of this research are: 1) The fact revealed when expert testimony presented at the hearing was related to its particular expertise so get persesuian with other evidence to assist the judge in settling cases. 2) Position the experts as well as other evidence, but it has a function in making light of the case as presented expert testimony from the trial court gave the judge his expertise gained an understanding of the whole case. The conclusions of this research are: 1) The fact that is expressed in the form of expert opinions that can help judges resolve cases duntuk because experts have different skills and competencies delivered testimony also differed among the experts. 2) Position the experts in corruption cases be generalized to other evidence, but the Criminal Code has the role of expert testimony to clarify or make light of a case.]]>
<![CDATA[Pelaksanaan Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi Di Lembaga Pemasyarakatan Klas I Semarang ]]>
<![CDATA[Dimas Hario Wibowo]]>
<![CDATA[ Unnes Law Journal Vol 2 No 1 (2013): Unnes L.J. (April, 2013) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v2i1.2898
<![CDATA[The purpose of this study to determine the perceptions of law enforcement against remissions for corruption convicts, and to investigate how the efforts of Class I Semarang Prison in effecting remission. In writing this paper, the problem is: (1) How do perceptions of law enforcement in granting remissions for corruption convicts? (2) efforts - efforts that are being undertaken by Corrections Corporation of Class I Semarang in effecting remissions? This research uses a sociological approach to the study of law juridical associated legal aspects and regulations - laws and regulations are then linked to the fact that occur in the community. The results of research on the perception of law enforcement to remissions for corruption convicts that law enforcement has a different perception - different, law enforcement agree on tightening requirements remissions for corruption convicts on the grounds of corruption, including in particular criminal group. Regarding Penitentiary efforts in effecting remission for prisoners, granting remissions for corruption convicts have a direct impact to the behavior and attitudes. These impacts include inmates become a better person and have a passion to get back into society. Conclusions from this research is the perception of law enforcement is different - different regarding remissions for corruption convicts. Prosecutors and judges agree on remissions for corruption convicts while police disagree. Law enforcement agencies agree on tightening remissions for corruption convicts. Efforts are made of Class I Semarang Prison in an effort to streamline the provision of remission for prisoners have a positive impact on inmates during their formation in Class I Semarang Prison]]>
