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[Controversial Criminal Punishment for Victim of the Spread of Immoral Chat ]]>
<![CDATA[Cipta, Rachmadan Eka]]>;
<![CDATA[Masyhar, Ali]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38746
<![CDATA[The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values ​​underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.]]>
<![CDATA[The Authority of Government Officials in Delegating and Mandating ]]>
<![CDATA[Tumuhulawa, Arifin]]>;
<![CDATA[Moonti, Roy Marthen]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38778
<![CDATA[Power sharing vertically in a unitary state has its consequence for the existence of the environment of both central and local governments. By the existence, another consequence appears which is the relationship between central government and local government in order to avoid the overlap of the authority implementation. One of the crucial aspects in democratic state of law (democratischerechtsstaat) is legality principle (legaliteitsbeginsel). It means that each legal action of the government should be based on the applicable laws and regulations or the authority given by the applicable regulations. The problem statements and the aims of this research are to find out the authority of the Government Officials in running the government affairs and to investigate the meaning of delegating and mandating conducted by the government officials. Authority is the formal power owned by administration boards and/or officials or other state administrators to act in public law report including some competences. The basic principles of authority are first, the administration officials act and make decision based on their authority; second, the authority to use should be accounted for and tested by both legal norm and legal principle. Delegation is defined as delegating authority from the higher board and/or government officials to the subordinates in which the responsibility and liability is switched completely to the delegates. Mandate does not contain the transfer of authority. It is only the mandator gives his/her authority to another person (mandatary) to make decision or take actions on his/her behalf.]]>
<![CDATA[Supervision by the Financial Services Authority on Investment-Based Life Insurance (Unit Link) ]]>
<![CDATA[Fajrina, Rizky Noor]]>;
<![CDATA[Waspiah, Waspiah]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38802
<![CDATA[Problems with unit-linked life insurance products such as product transparency where the agent does not provide a detailed explanation regarding the characteristics, benefits, risks, and costs of unit-linked life insurance. This study aims to describe the protection of unit link life insurance in Indonesia and the supervision of the Financial Services Authority, the constraints faced and the steps that must be taken so that the insurance business can run well. This study uses a qualitative, sociological juridical approach. Primary data sources were taken by interview, observation, and documentation. While secondary data obtained from legislation, books, journals, scientific articles related to research. The results showed that: (1) The protection of the unit link life insured in Indonesia is not yet in accordance with the existing regulations. Life insurance agents who violate Marketers Standards of Practice and Code of Conduct may be subject to sanctions. Preventive and repressive efforts are carried out by the Financial Services Authority in order to protect the insured. (2) Supervision of the Financial Services Authority in the insurance business is microprudential supervision which, by its nature, is divided into prudential supervision and market conduct supervision. The conclusions in this study: (1) The protection of life insurance for unit link in Indonesia is not yet fully in accordance with the applicable regulations, this is due to several life insurance agents that do not meet the applicable rules.]]>
<![CDATA[Public Information Dispute Resolution (Perspective of the State Administrative Court Act and the Public Information Disclosure Act) ]]>
<![CDATA[Saputro, Baruna Poking Bagus]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38803
<![CDATA[The specification in the study uses a qualitative analytical descriptive approach and uses a type of doctrinal legal research with normative legal research methods on synchronization and fair legal efforts in resolving public information disputes. The results of research and discussion in the thesis are: First, contains synchronization of public information dispute settlement based on the Law of the Republic of Indonesia Number 5 of 1986regardingState Administrative Courts as amended by Law of the Republic of Indonesia Number 9 of 2004 and most recently by Law Republic of Indonesia Number 51 of 2009 with Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness. Second, it contains legal remedies that are fair in resolving public information disputes. Conclusions based on the results of research and discussion include: First, synchronizing the settlement of public information disputes based on the Law of the Republic of Indonesia Number 5 of 1986 regarding State Administrative Courts as amended by the Law of the Republic of Indonesia Number 9 of 2004 and most recently by the Republic of Indonesia Law Indonesia Number 51 of 2009 with the Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness can be done with a juridical analysis of the competence and position of the State Administrative Court and Information Commission, as well as legal synchronization of the relevant Law. Second, fair legal efforts in resolving public information disputes are carried out by juridical analysis based on the theory of justice. Finally, the author gives advice in the form of legislative review efforts to amend the relevant Law, based on apolitical configuration in democratic orders to be able to produce responsive legal products for the realization of legal certainty and justice.]]>
<![CDATA[Determination of the Jurisdiction of Fisheries Crimes as Transnational Organized Crimes ]]>
<![CDATA[Rasyid, Sulaiman]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i2.38805
<![CDATA[The abundance of fisheries resources in Indonesian waters has made Indonesia a target of crime in the field of fisheries, this has an impact on the welfare and prosperity of the Indonesian people, especially local fishermen, the government continues to push this fisheries crime to be recognized as a type of organized transnational crime. This study aims to find out and analyze how Fisheries Crime Arrangements and the Determination of Fisheries Crime Jurisdictions are based on the provisions of organized transnational crime conventions. The research method used in this research is Normative Law Research with a legal approach, conceptual approach. And use the theory of determining the location of the crime (Locus delicti) in determining the jurisdiction of fisheries crimes. Research results show that (1) Regulations related to Fisheries Crimes both materially and formally in Indonesian law have been regulated according to the perspective of organized transnational crime, however, current fisheries laws do not cover all existing fisheries crimes. (2) in the case of determining the jurisdiction of fisheries crimes occurring in the territory of a country involving several state parties, the states parties must establish a joint investigation body. The conclusion of this research is that the laws and regulations owned by Indonesia related to Fisheries Crimes do not cover all aspects of crimes occurring in the field of fisheries and related to the determination of the jurisdiction of fisheries crimes the Indonesian government has implemented its jurisdiction based on the provisions of transnational organized crime conventions by cooperating with state parties the other.]]>
<![CDATA[The Evaluation of Early Marriage Law Renewal in Indonesia ]]>
<![CDATA[Ilahi, Andi Hidayat Anugrah]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.43000
<![CDATA[The study objective is to evaluate early marriage law reform implementation compared to the five regions with the highest Indonesian cases. This research is descriptive using a literature study. The data source consists of primary data consisting of laws. 16 of 2019 and the Decree Number 22 / PUU-XV / 2017 of the Constitutional Court and secondary legal sources from books, websites, journals, theses, and other sources of information that researchers can use can be justified. The data analysis method uses content analysis from its implementation in the form of regional regulations, programs, and other local government activities in implementing legal products regarding early marriage, which have a significant impact on Indonesian people" s structure of life, such as poverty, reduced educational opportunities, reproductive health hazards, risks. The findings from the research reveal that there have been many efforts by local governments in supporting legal reform which are manifested in institutional programs, working groups and community activities as efforts to mitigate and eliminate early marriage in Indonesia. However, these efforts have not been fully successful; it is necessary to enforce the article on the sanctions on the marriage law to strengthen the law.]]>
<![CDATA[Indonesia's Role in Combating Terrorism in Southeast Asia ]]>
<![CDATA[Mangku, Dewa Gede Sudika]]>;
<![CDATA[Yuliartini, Ni Putu Rai]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.43355
<![CDATA[Terrorism is not a new issue but is an increasingly important issue for ASEAN countries, including Indonesia. Indonesia's involvement in the fight against terrorism is not only to fulfill its obligations as part of the international community to jointly fight terrorism, but also to fulfill its national interests. Indonesia's foreign policy in handling this issue puts forward cooperation with other countries, especially in ASEAN. Where in this study aims to know more about Indonesia's role in combating terrorism in the Southeast Asian region and to better understand the obstacles faced by Indonesia in combating terrorism in the Southeast Asian region. To achieve these objectives, this study uses a type of normative research with descriptive qualitative research methods. The data collection technique was carried out using the library research technique. Where the data comes from books, articles, journals and other documents. The results of the research show that terrorism is a security problem and a cross-border problem so that cooperation between ASEAN countries is needed to eradicate terrorism in Southeast Asia through the ASEAN Convention on Counter Terrorism. Indonesia's role in eradicating terrorism by internal and external efforts carried out bilaterally and multilaterally. Given that terrorism is a transnational crime, in Indonesia's role in eradicating terrorism there are several obstacles and challenges. This challenge relates to the principles of consensus and non-intervention, domestic conflicts as well as differences in commitments and perceptions among ASEAN countries.]]>
<![CDATA[Considering the Existence of Academic Draft as the Political Instrument of Law Development ]]>
<![CDATA[Wiyanto, Herry]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.43440
<![CDATA[The direction of law development follows the nation’s ideas or goals, which is the formulation to achieve the state’s goal as contained in the Preamble of the 1945 Constitution of the Republic of Indonesia, which is to protect protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. This paper answers some problems, including How is the essence of academic draft in making laws and regulations in Indonesia, To what extent is academic draft’s contribution as an instrument of the national development and how is the ideal concept of academic draft as the instrument of instrument the national development. The essence of academic draft is the philosophical, sociological and juridical bases of a draft of law and regulation and the assessment and harmonization function and the existence of academic draft are designed as the “catalyst†of a product of legislation to be made so as not to be out of the appropriate principles. Academic draft’s contribution to the current national law development is felt lacking because of the newly required bill making process after 2011 through Law 12 Year 2011 concerning Formation of Laws and Regulations. Besides, academic draft is not yet capable of harmonizing and balancing every interest group in every bill discussion. In the ideal concept, the role of academic draft as the assessment and harmonization in every Bill is capable of preventing overlapping regulation or interest out of the law intervening Bill making for the regulation to remain in the real law corridor. It also needs regulatory arrangement by academic draft arranging team to maintain the objectivity.]]>
<![CDATA[Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine ]]>
<![CDATA[Bustomi, Yazid]]>
<![CDATA[ Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.44376
<![CDATA[In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the conflict between Law Number 6 of 2018 concerning Health Quarantine which states that vaccines are an obligation and Law Number 36 of 2009 concerning Health which states that vaccines are a right. This type of research is juridical normative using a statutory and conceptual approach. The results of this study indicate that Covid-19 is an emergency so that the principle of non-habet legem necessity applies, which means that in a state of legal emergency it does not apply, so that regulatory conflicts regarding Covid-19 vaccination do not become a problem, because the current government's efforts are the safety of the people. the highest law in an emergency, this is also in line with the salus populi suprema et lex principle. To ensure the safety of the people, the government is obliged to make efforts to vaccinate Covid-19 to restore the situation to its original state, this is in line with the principle of restutio in integrum. In its enforcement, sanctions are needed to make the community obey. However, several regulations have different norms regarding sanctions for those who do not comply and until now there have been no specific regulations from the center regarding the provision of the Covid-19 vaccine. As a conclusion, currently giving the Covid-19 vaccine is mandatory because it is an emergency, but the government also needs to make special regulations from the center regarding vaccine administration regulations so that there are no disparities between each of the regulations from the vaccine-giving regions.]]>
<![CDATA[Controversial Criminal Punishment for Victim of the Spread of Immoral Chat ]]>
<![CDATA[Rachmadan Eka Cipta]]>;
<![CDATA[Ali Masyhar]]>
<![CDATA[ Unnes Law Journal Vol 7 No 1 (2021): Unnes L.J. (April, 2021) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/ulj.v7i1.38746
<![CDATA[The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values ​​underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.]]>
