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[Cyber Terrorism Criminal Acts in the Perspective of Transnational Organized Crime ]]>
<![CDATA[Andini, Okti Putri]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38804
<![CDATA[This research was conducted to explain the legal instrument governing Cyber terrorism from an organized transnational crime perspective as well as analyzing the modus operandi used by Cyber terrorism. This research is a normative legal research using a qualitative approach to finding data sources by studying all the laws and regulations concerned with Cyber terrorism. Because this research is a normative legal research then the data sources used in this research are secondary data sources. In collecting data, authors conduct literature studies and the validity of the obtained data is examined using triangulation techniques. Then the results are analyzed and presented using a descriptive analytical method. The results of this study found that there were several international conventions that could be used as legal instruments for Cyber terrorism. And based on the study by the authors modus operandi used by terrorists in committing Cyber terrorism very diverse namely through: hacking, propaganda, fraud, DDoS attacks and the spread of viruses, worms or malware. The outcome of the results are: although there is no legal instrument that governs Cyber terrorism but some of the relevant and existing international conventions can be used as Cyber terrorism law resource, and it can be noted that there are various of modus operandi used by terrorists in Cyber terrorism.]]>
<![CDATA[A Complexity on the Right of Building Disputes: Case Study of Apartment Land Rights on State Land in Jakarta ]]>
<![CDATA[Putra, Andi Muhammad Rizquillah Rodhi]]>;
<![CDATA[Utama, Muhamad Adji Rahardian]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.39425
<![CDATA[Hak atas bangunan merupakan suatu hak dimana diperuntukkan guna membangun dan memiliki harta milik atas tanah dimana bukan merupakan kepunyaannya dengan tenggang waktu selama 30 tahun, dimana atas dasar permintaan dari si pemegang hak atas mengikat kebutuhan dan keadaan pembangunan itu sendiri. Tenggang waktu selama 30 tahun dari pemilik atas hak dari bangunan dapat diperlama hingga tenggang waktunya selama maksimumnya 20 tahun. Munculnya hak atas bangunannya, termasuk karena, pertama bahwa hak untuk membangun tanah atas negara ini sendiri telah terjadi dengan keberadaannya keputusan atas pemberian haknya dari Kementerian Agraria atau juga pejabat yang telah ditunjuk, maka yang kedua bahwa hak untuk membangun hak untuk pengelolaan lahan yang telah berlaku dengan adanya suatu keputusan atas pemberian haknya dari kementerian Agraria atau pejabatnya itu sendiri yang telah ditunjuk dengan berdasarkan atas usulan pemilik atas hak tanahnya yaitu berupa sebuah akta yang resmi (PPAT).]]>
<![CDATA[Environmental Law and Mining Law in the Framework of State Administration Law ]]>
<![CDATA[Arsyiprameswari, Natasya]]>;
<![CDATA[Utama, Muhamad Adji Rahardian]]>;
<![CDATA[Wibowo, Seno Adhi]]>;
<![CDATA[Yuniar, Vania Shafira]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.39426
<![CDATA[Environment in Indonesia concerning land, water, and air in the territory of the Republic of Indonesia. All of these environmental media are the containers where we live, live and breathe. Healthy environmental Media, will give birth to the current generation of human beings and generations will come a healthy and dynamic. Industrial development, forest exploitation as well as busy and crowded traffic flows due to development that continues to evolve, providing side effects. These side effects result in the land we live in, the water we use for the life and the air we breathe. If the soil, water and air eventually can no longer provide a climate or condition that is feasible for us to use, the pollution or environmental damage has occurred.]]>
<![CDATA[How does the government reduce unemployment? Legal Policy Analysis of the Government's Role in Strengthening SMEs in Indonesia ]]>
<![CDATA[Rochman, Auliya]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v6i2.39435
<![CDATA[Micro, Small and Medium Enterprises (MSMEs) are proven to be the main movers in the real sector that have a direct effect on national economic growth, especially to reduce unemployment. This research is a normative research with a legal approach, historical approach, comparative and conceptual approach. There is a problem regarding the role of the government regarding MSMEs in reducing unemployment and increasing economic growth considering that the Indonesian State is currently only actively promoting the economic development sector. In Indonesia, a developing country that needs a lot of improvement in the economic sector, especially small and medium businesses. Through Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (MSMEs), the government hopes that through the role of MSMEs, the Indonesian economy will run well to increase job vacancies and reduce unemployment.]]>
<![CDATA[Neutrality of the State Civil Apparatus in the Democratic Party of Regional Head Election (Pilkada) ]]>
<![CDATA[Sulistyo, Al Qodar Purwo]]>;
<![CDATA[Santoso, Anas]]>;
<![CDATA[Usman, Usman]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.45025
<![CDATA[The General Election Commission of the Republic of Indonesia (KPU-RI) has determined 270 regencies / cities to hold simultaneous regional elections in 2020. With the agenda for the registration period of candidate pairs held from 4th September 2020 to 6th September 2020, and Campaign Period Stages to be held from 26th September 2020 to 5th December 2020. The direct implementation of Regional Head Election had brought changes to the culture of government at the regional level in terms of bureaucratic and political relations. The Election Hazard Index (IKP) noted that was in Regional Head Election in 2020. The neutrality problem of the State Civil Apparatus became the biggest problem, namely 167 regencies / cities out of 270 regions running the Regional Head Election (PILKADA) that was as the role of General Election Supervision (BAWASLU) Agency supervised the neutrality of the State Civil Apparatus, members of the Indonesian National Army, members of the Indonesian Police. The factors of the non-neutrality of the State Civil Apparatus were historical and socio-cultural factors, kinship relations, ambitions for career positions, ambiguous regulations (multiple interpretations), weak law enforcement, and low public awareness of legal culture. The government needed to review the Election Law regarding Civil Service Officers that minimized the occurrence of Corruption, Collusion and Nepotism in appointments and transfer of State Civil Apparatus (ASN) employees. Keywords: Neutrality; State Civil Apparatus; Regional Head Election]]>
<![CDATA[Federalism in Nigeria: Problems and Restructuring Option ]]>
<![CDATA[Ejumudo, Kelly Bryan Ovie]]>;
<![CDATA[Ikenga, Francis Ayegbunam]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.45574
<![CDATA[The study examined the problem of Nigeria’s federalism and the restructuring option. Three null hypotheses were formulated to guide the study and the study is quantitative research adopted the correlational design and four hundred academic staff from five Departments in the Faculty of social sciences all from the six sampled public Universities in the six geopolitical zones in Nigeria were sampled. The primary data that were used for the study was obtained from the federalism and restructuring option questionnaire and chi-square was used to analyze the data obtained. The finding of the study revealed that the inability of the Nigerian state to adopt the restructuring option as a panacea to the unending political and ethnic crises in the nation has a relationship with the poor generating capacity and dependency mentality of the federating units. The study lucidly showed that there is no significant relationship between the nature and character of the age-long North-South tendencies and federalism in Nigeria. The study equally revealed that there is a significant relationship between politics of marginalization, socio-economic development, and participatory/empowerment on federalism in Nigeria. The study recommended that to ensure the peaceful coexistence of Nigeria’s multi-ethnic nationalities, the Nigerian government at different levels, different stakeholders, and concerned bodies should go back to the drawing board and consider the creation of additional states and re-examine the sharing formula based largely on genuine need, derivation, and population. The study also recommended that for the federalism option to succeed in Nigeria, there in need for re-construction, re-formulation, genuine acceptance, and practicability of an appropriate federal arrangement that emphasizes self and national development as well as an equitable fiscal system that accommodates the true power relations and the expenditure and revenue realities of the respective component units in the Nigerian federation.]]>
<![CDATA[Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law ]]>
<![CDATA[Niravita, Aprila]]>;
<![CDATA[Wahanisa, Rofi]]>;
<![CDATA[Suhadi, Suhadi]]>;
<![CDATA[Anitasari, Rahayu Fery]]>;
<![CDATA[Wedhatami, Bayangsari]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.45745
<![CDATA[Lerep village is one of the villages which is promoted as a tourism village according to Regent Decree No. 556/0424/2015 on the Establishment of a Tourism Village in Semarang Regency. The implementation is encouraged by Regulation of Lerep Village No. 4/2015 on the 2016 Working Plan of the Village Government. The development of a village as a tourism village brings positive and negative impacts. The positive impact is that the village can be more advanced and developed by utilizing its natural and cultural potential. The negative impact arising is that there is a significant development of the tourism locations, especially from outside parties. The negative impact that concerns society greatly is the allegation of irregularities or violation of spatial planning. The development will be carried out thoroughly to realize Lerep as a tourism village in terms of its human resources and the infrastructure supporting the tourism activities. The infrastructure development must be well-planned and able to optimize space use. The spatial planning must be able to provide safe, comfortable, productive, and sustainable space for all stakeholders. The realization of spatial planning is carried out by the central and regional governments by involving the society. Society plays a role in controlling space use based on functions and planning in order to realize Lerep tourism village which has awareness of spatial planning.]]>
<![CDATA[Child Prisoners and Their Attitudes: The Capture of Child Behavior Changes in Correctional Institutions ]]>
<![CDATA[Waluya, Steny Roby]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.47471
<![CDATA[This study aims to determine how social learning changes the behavior of correctional students placed in correctional institutions. The method used in this research is a descriptive survey using a qualitative approach. Researchers conducted interviews with correctional students who were used as resource persons. Correctional students who are placed in Correctional Institutions absorb and follow most of the habits and activities carried out by adult prisoners who are in them, there are even correctional students who follow violations committed by adult prisoners so that after leaving the Correctional Institution they tend to do more evil. On average, they interact more with adult inmates so that they tend to learn everything that is in prison from adult inmates, including in terms of criminal behavior plans. After conducting research and interviews, it is known that the impact of social learning received by children when placed in an adult Correctional Institution is that children learn about positive and negative behavior carried out by friends in their social environment.]]>
<![CDATA[Legal Protection towards the Beneficiaries of PT Asuransi Jiwasraya due to Payment Defaults of the Jiwasraya Savings Plan: A Critical Review ]]>
<![CDATA[Solichin, Rizky Amalia]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.47548
<![CDATA[The failure of Jiwasraya’s claim settlements was since it was not a part of their insurance product and it did not comply with UU No. 40 Tahun 2014. The creation of this research article is to comprehend the unlawful effect of such failure and places responsibility on parties deemed responsible for the losses caused. This research is normative-law research-based, given the evidence of the mismanagement of PT. Asuransi Jiwasraya did not comply with the law and how their board of management disobeyed good governance. Theoretically, PT. Asuransi Jiwasraya bears responsibility, as mentioned in their contractual liability that holds the company responsible. As such is the right of the owner of the insurance policy bought from PT. Asuransi Jiwasraya. As PT. Asuransi Jiwasraya is a state-owned enterprise - the Indonesian government is also partly responsible for its failure. With that in mind, the government has mandated restructuring the Financial Services Authority (OJK) and increasing financial surveillance on PT. Asuransi Jiwasraya, putting the insurance company on a short leash.]]>
<![CDATA[Protection of People Living Conflict A Case Study in Yemen ]]>
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Nur, Aisah]]>;
<![CDATA[Qisty, Fauziah Nauri]]>;
<![CDATA[Arumbinang, Mohammad Hazyar]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 2 (2021): Unnes L.J. (October, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.48390
<![CDATA[The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.]]>
