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[Financial Technology Company's Debt Collection Method: A Legal Aspect ]]>
<![CDATA[Suwinto Johan]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.52173
<![CDATA[Online loans are an alternative source of loans for the public. Online lending has grown rapidly. Financial technology companies are online loan providers. Financial technology companies use various ways to collect loans that are not paid by customers when they are due. One of the debt collection methods is to distribute photos and debt collection stories of the customer to the contacts in the customer's mobile number. This distribution has caused unrest for the people contacted either via messenger or via SMS. This research aims to discuss the pattern of debt collection by financial technology companies from a juridical viewpoint. This research uses the juridical normative method. This research concludes that data retrieval and data dissemination constitute a violation of personal data protection for customers and people who receive news and SMS. Retrieval of data without approval or contacting a loan with another party without prior knowledge has violated the personal domain of the data owner. The government needs to immediately issue regulations regarding the protection of personal data related to electronic transactions.]]>
<![CDATA[Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement ]]>
<![CDATA[Adi Wijayanto]]>;
<![CDATA[Hatta Acarya Wiraraja]]>;
<![CDATA[Siti Aminah Idris]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.52812
<![CDATA[Law enforcement regarding the environment is in fact a responsibility that should be fulfilled by the state. In this case, the state is the main actor in prevention, as well as a protector from any efforts to destroy nature and the environment. It can be understood that to maintain the crucial elements in the existence of a state, as agreed in the Montevideo Convention, among others, permanent residents, definite territory, government, the ability to enter into relations with the state. other. So with this it can be understood that environmental damage due to forest fires, is a form of threat also in the area element, because by burning ecosystems, it will result in an imbalance of life in an area, it can also be interpreted if the impacts arising from forest fires spread to enter the area. on the territory of neighboring countries, it will lead to unfavorable relations with other countries.]]>
<![CDATA[Reconstruction of Financial Crime Investigation Methods in Law Enforcement in The Era of the Industrial Revolution 4.0 ]]>
<![CDATA[Sukardi Sukardi]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.53059
<![CDATA[The purpose of this study was to determine the construction of the concept and method of financial crime investigation in the Netherlands in the law enforcement system in Indonesia to deal with financial crime in the era of the industrial revolution 4.0. The method used is normative research because it only uses secondary data in the form of primary, secondary and tertiary legal materials with conclusions drawn using deductive reasoning methods. The urgency of this research is because the development of crime that is not symmetrical with its legal efforts in the era of the industrial revolution 4.0, has an impact on efforts to enforce the rule of law which will affect reciprocally with the democratic process in Indonesia. The novelty of the research is an investigative method that combines civil and criminal concepts and economic accounting concepts with criminal law concepts. The results of the study are the strategy for law enforcement of financial crimes and financial technology in the era of the industrial revolution 4.0, by building a legal system, namely on the substance of the law, regulatory changes are built that are oriented towards proving the profits from crime through the concept of follow the money. In the aspect of legal structure, build a synergistic and harmonious coordination system between law enforcers and between institutional and private departments with an online networking system. In the aspect of legal culture, building a database system through a data bank, building a business economic infrastructure with a digital transaction system.]]>
<![CDATA[The Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic ]]>
<![CDATA[Sulaiman Rasyid]]>;
<![CDATA[Adya Paramita Prabandari]]>;
<![CDATA[Bastian Chris Daren]]>;
<![CDATA[Christopher Simanjuntak]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.53704
<![CDATA[The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.]]>
<![CDATA[Legal Formulation of Imposing Administrative Sanction for Anti-Covid-19 Vaccinations Movement ]]>
<![CDATA[Rusdianto Rusdianto]]>;
<![CDATA[Diva Pitaloka]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.54017
<![CDATA[In order to accelerate the handling Covid-19, the Government has issued a policy that impose administrative sanction for those refusing Covid-19 vaccination. This journal underlines and focuses the administrative sanction for those who refuse to take the vaccinations. Those sanctions could be social security termination, and/or administrative service moratorium. While it is assumed that this policy is urgently needed in addressing the pandemic issue, it also leads to other issues. The first is that whether those administrative sanctions are compliant with law principles and human rights protection. Another is whether there are legal implications for those who refuse to take vaccinations. Method adopted in this research is normative law research method based on facts, issues, regulations, analysis, and conclusion (FIRAK). This journal points out two results. Firstly, the right to obtain health service is a part of human rights. In order to fulfill that right and to achieve a greater good, the Government is responsible to create a clean and healthy environment. Thus, providing Covid-19 vaccinations and imposing administrative sanction comply with law principles and human rights protection. The latter, legal implication from such policy is that the vaccination is mandatory. Thus, those refusing it would be imposed administrative sanctions. It is expected that this policy would become a legal formulation in addressing and handling the Covid-19 pandemic.]]>
<![CDATA[Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies ]]>
<![CDATA[Rahadyan Fajar Harris]]>;
<![CDATA[Natalia Carolina Simanjuntak]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.54504
<![CDATA[The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.]]>
<![CDATA[The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic ]]>
<![CDATA[Ahmad Siboy]]>;
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.55354
<![CDATA[The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.]]>
<![CDATA[Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan ]]>
<![CDATA[Satria Unggul Wicaksana Prakasa]]>;
<![CDATA[Achmad Hariri]]>;
<![CDATA[Samsul Arifin]]>;
<![CDATA[Asis Asis]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.55904
<![CDATA[Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.]]>
<![CDATA[Technical Intelligence and Security Management within the Nigerian Territorial Waters: The Nigerian Navy Challenge ]]>
<![CDATA[Ngboawaji Daniel Nte]]>;
<![CDATA[Brebina Kelvin Enoke]]>;
<![CDATA[Ilyasu Abubakar]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.56453
<![CDATA[With the world becoming a more volatile place and certainly high - threat environments becoming too far and dangerous to send personnel, the insufficiency of human intelligence has placed a greater stress on technical aids in gathering intelligence. Technology has allowed the acquisition of intelligence to rely less on human intelligence. The progeny of modern day equipment - both offensive and defensive has made provision for myriad levels in intelligence gathering. The Gulf of Guinea Basin countries rely heavily on their maritime sector for greater per cent of their exports and imports. The Gulf of Guinea is strategic to the development of West African countries and has been characterized by various maritime crimes, thus the need for technical intelligence and surveillance measures by basin countries to enhance the security of the region. Nigeria is a strategic stakeholder in the maritime security around the Gulf of Guinea with her Navy and Nigerian Maritime Administration and Safety Agency as the lead agencies responsible for her maritime security and safety. This work discusses the various leverage and the challenges of modern surveillance equipment to aid the achievement of securing the Nigerian maritime environment by the Nigerian Navy as well as her involvement in several internal security operations in Nigeria.]]>
<![CDATA[The Application of International Laws in Bangladesh: A Critical Evaluation ]]>
<![CDATA[Mazharul Islam]]>;
<![CDATA[Mohammed Tahmidul Islam]]>;
<![CDATA[Md. Tuhin Mia]]>;
<![CDATA[Md. Zahidul Islam]]>
<![CDATA[ Unnes Law Journal Vol 8 No 1 (2022): Promoting Law, Justice and Security in Indonesia and the World ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v8i1.56458
<![CDATA[This article discusses the incorporation and implementation of international laws, specifically international treaties and agreements into the domestic legal system of Bangladesh. The position of international laws in the legal system of Bangladesh and their authority to interpret and challenge domestic laws has been focused upon. To that effect, the constitutional provisions dealing with international law along with various authoritative court decisions have been analyzed. Additionally, status and implementation of customary international laws in Bangladesh have also been absorbed. How the norms of customary international laws are being incorporated and implemented have been discussed in detail. The analytical methods of research have been carried in the piece highlighting judicial decisions and international instruments. This article is based on secondary materials with the key sources including textbooks, reports, journal articles, conference papers, daily newspapers and online documents. The study has also relied on international instruments, domestic laws and decided cases of Apex Court of Bangladesh. The findings show that as a democratic country Bangladesh needs to incorporate for the sake of its own people the provisions of international treaties into domestic laws. This is a gradual but perilous process which would take more than political goodwill to materialize. As a young nation, it still has a long way to go to level its regulations up-to the international standards. The positive indication is that the supreme courts of Bangladesh are increasingly realizing and interpreting international instruments through their decisions pressurizing the government to make positive changes in the legislations.]]>
