The Indonesian Journal of International Clinical Legal Education
The Indonesian Journal of International Clinical Legal Education is double blind peer-reviewed journal published by Faculty of Law Universitas Negeri Semarang. The Journal publishes articles (Original Research Article, Review Article, Book Review, Notes) every three month each year (Quarterly) on March, June, September, and December. The Journal published articles exclusively in English and Bahasa Indonesia. The Journal is expected to be a forum for the development of clinical legal education for academics, practitioners, researchers, policy makers and the public. This journal has established a number of expertise collaborations, both with a number of legal aid institutions, law offices and clinical legal education associations in Indonesia. The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research Centers.
Articles
242 Documents
<![CDATA[Developing CLE in Myanmar-Lessons Learned and Global Guidance ]]>
<![CDATA[Lasky, Bruce A]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20627
<![CDATA[This paper, Developing CLE in Myanmar: Lessons Learned and GlobalGuidance, is an adaption of an Advocacy Paper entitled The Global Pathand Future of CLE in Myanmar, which merged from findings from morethan three years of BABSEACLE’s work, often in collaboration with NewPerimeter (DLA Piper’s global pro bono non-profit affiliate) and HerbertSmith Freehills (HSF) (collectively referred to as the “Consortiumâ€Â). TheConsortium worked with eighteen Myanmar university law departmentsto implement Clinical Legal Education (CLE) programmes in partnershipwith diverse stakeholders in Myanmar (2013-Present). The Paperpresents key strategies which the author believes will contribute to thesustainable future of a nationwide CLE programme in Myanmar withinsights and lessons learned that are applicable both regionally andglobally. This timely initiative was undertaken with broad, wide-rangingsupport from the United Nations Development Programme (UNDP), theUnited States Agency for International Development Promoting Ruleof-law Project (USAID PRLP) and other related organisations. This Paperhighlights how drawing on and applying findings from regional andglobal experiences, CLE in Myanmar has grown from its nascent stageinto a young but ever increasing vibrant movement of educational andjustice change and impact. In doing so, this movement is helping tocreate the noteworthy educational justice change and impact, includingits interaction with others in the legal sector, that we are currentlywitnessing. This Paper evaluates the impact of implementing anationwide CLE programme in Myanmar from early 2013 to the present.Simultaneously, the Paper is also a timely resource for planning; todevelop, implement or strengthen CLE programmes in Myanmar andworldwide. It also offers pragmatic recommendations to facilitate theexpansion, institutionalization, and sustainability of CLE in Myanmarand elsewhere.]]>
<![CDATA[Clinical Legal Education at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia ]]>
<![CDATA[Supaat, Dina I]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20653
<![CDATA[Clinical Legal Education (CLE) is based on the idea that lawpractice requires thinking and doing. It is founded on thenotion of learning by doing in which law students gainlawyering skills by performing lawyering tasks andresponsibilities. This method gives students the opportunity towork on actual and simulated cases and solve legal problemssystematically. This paper discusses the implementation andapplication of CLE at the Faculty of Syariah And Law, UniversitiSains Islam Malaysia with emphasis on Problem-basedlearning, specifically relating to its process, model of PBLactivities, targeted skills, student assessment and studentfeedback. Discussion also covers benefit and challenges ofapplying CLE and PBL at the faculty. It discusses the experienceof the instructor in applying PBL in two courses. This papercomes up with suggestion on the application andimplementation of the method in a law school so that lawstudents can master practical legal skills in order to be moreemployable.]]>
<![CDATA[Curriculum Design: Difficulties and Realities in Introducing Innovative Teaching and Learning Experience ]]>
<![CDATA[Noordin Ayus, Abdul Mohaimin]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20655
<![CDATA[The 20th century legal education system is said to have failedto teach students practical legal skills, critical analysis anddecision-making methods, as it did not give studentssystematic training in effective techniques for learning the lawfrom the experience of the legal practice. At the end of thecentury, a pedagogic method known as the clinical legaleducation was developed which broadens legal education inall of these dimensions. It is important for a member of a lawschool academic to examine this pedagogical approachtowards enhancing students’ knowledge and skills in meetingthe needs of the changing time. Law schools in Malaysia andto some extent in Brunei Darussalam have some or limitedautonomy in introducing Innovative Teaching and Learningmethods into the curriculum design, but no true success couldbe lauded either as difficulties and realities in the study of lawwithin the common law jurisdictional context requires strongcognitive elements before a student could really delve inpractical legal skill exercises. The realities cover two main areasof development: (1) the components of legal studies, and (2)the outcomes of the studies. The difficulties may be associatedwith (1) the governing educational policies; (2) qualificationand quality of students admitted to law school, (3) theexperience of the law teachers; and (4) the learningenvironment. The traditional method could not simply beblamed or ignored, if there ever be a failure in the system, onthe one hand, and the much ushered innovative learningmethods may not necessarily be the success factor, on theother.]]>
<![CDATA[Effect of Positivism in Clinical Legal Education ]]>
<![CDATA[Samekto, Adji]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20660
<![CDATA[Clinical Legal Education (CLE) is an education in legal study that aims toprovide knowledge on practical expertise that aims to make lawgraduates capable of providing legal services (legal advocacy).CLEbecome important in recent days because of the tendency to resolvethe matter through legal channels is increasing. But in fact, it showsthat law enforcement is almost interpreted only as rule enforcement.The trend that happens, aspects of compliance procedures takeprecedence over justice. The modern law scientification is stronglyinfluenced by the emergence of positivism paradigm in modernscience. At present, along with the complexity of the problems ofpeople and society, the main character of modern law is a rationalnature. Rationality is characterized by the nature of a procedural rule oflaw. Procedure, thereby becoming an important legal basis to establishwhat is called justice, even the procedure becomes more importantthan talking about justice itself. Legal education, thus more likely toproduce professional practitioners. The resulting legal practitioners arelegal actors who are expected to make a decision which side is wrongand what is right under the provisions of the law. Through this paper isexpected to obtain the understanding that CLE should not result theLaw degree who only give priority to the compliance procedure aspositive law, but also still guided ethics and efforts to achieve justice.The method used for writing this paper is the socio legal research withinductive analysis. Thus, the fact that occurred in the law enforcementpractices will be a major premise and provide input and analysis in thispaper.]]>
<![CDATA[Sociological Approach to Eradication Corruption in Indonesia (Alternative to Imprisonment) ]]>
<![CDATA[Zaidan, Muhammad Ali]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20662
<![CDATA[Punishment of corruption not quite put in the context of law enforcement, leading to sanctions of imprisonment. Reality shows more than 600 state officials have been convicted of corruption but the rate has no effect at all to prevent the corruption. If no breakthrough is the law, the state can be called a defeat and to its knees at the foot of criminals. As a result, Indonesia can be called a heaven for criminals country. As a rule of law, law enforcement must be done in a holistic and integrated. Thus the imprisonment should also be offset by imposing sanction corrupt social order to be cured/deterrent. Make criminals real deterrent is not an easy step, but in need of understanding and synergy between the law enforcement community on the one hand with the other hand to continue to spread the spirit of corruption eradication in all social strata. The imposition of sanctions of imprisonment must also be followed by removal of political rights, especially the right to have occupied political positions both in government agencies and representatives (DPR). Sanctioning the disenfranchisement of political rights for a time after undergoing convict prison, is a powerful tool and a non-penal nature to combat corruption.]]>
<![CDATA[Training Profession for Law Career on Facing ASEAN Economic Community Era: Improving the Law Graduates through Development of Legal Education Method ]]>
<![CDATA[Khotijah, Farah Diba]]>;
<![CDATA[Mawardi, Anas]]>;
<![CDATA[Sholihah, Inayatus]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20663
<![CDATA[The ASEAN Economic Community (AEC) is one of the largest marketshare in-Southeast Asia. International product or service trade involvingten countries in Southeast Asia. The AEC will provide a free movementto international product and service for ten countries in Southeast Asia.The condition of the human resources (HR) and employment becomeone of the challenges this faced by Indonesia. High competition ofgraduates also cannot avoid on this AEC era. As well as, law graduates,will face challenge in this era. Based on data BPS 2016 more than 2500graduates have not found appropriate work or carrier. Creating aqualified law graduates face on era of the MEA is required thedevelopment of a method of legal education, one of which, namely theexistence of Training Profession for a Law Career. Training professioncarried out by institutions training profession formed the University astraining for law graduates who do not continue the second strata (S2)as well as having direct orientation for entering into society and work.Its implementation required for graduates of law during a certain timeto experiment, whereas after that each are given the freedom to addjust our assessment for more steeped in the profession or does notproceed and immediately dove into the community. Through thesupport of education and skills enhancement, labor productivity will beincreased so that it can encourage the improvement of nationalcompetitiveness.]]>
<![CDATA[The Paradigm Reconstruction of Indonesian Judge’s Thought of Law in Adjudicating Criminal Cases ]]>
<![CDATA[Handayani, Henny Timira]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20664
<![CDATA[The Indonesian Criminal Act Code (Kitab Undang-Undang HukumPidana/ KUHP) based on the positivistic paradigm that is directed byprinciple of legality, as the expression of deductive syllogisms:regulations as a major premise should be filled in by the facts whichrevealed as the premise minor to conclude the punishment or not. Butthe positivistic paradigm could not always be complied with changesin Indonesian plural society. The KUHP still applies the theory ofmonistic. The prove on the entire outline of the criminal element, isproving the existence unlawfulness and at the same time prove thefault/ criminal liability, unless there is a reason the criminal removal. Butpeople demands the new criteria assessment of fairness: 1) liability notonly based on fault, but also the material of justification, 2) the criminalact was not only base on formal unlawfulness, but also materialunlawfulness, and 3) punishment should fit the balance of people andindividual interests. That demand required the judge thought of lawother than just of positivistic. This article analyzed the change ofIndonesian judges‟ paradigm of thought on criminal law, the causesinfluenced, and the efforts that could reconstructed the fairnessparadigm. This paper used double type of research technics, doctrinalresearch at once and empirical research, which used data collectiontechniques of the study of librarianship, observation and interview.]]>
<![CDATA[Legal Aid Advocacy for the Poor in Law of Welfare States ]]>
<![CDATA[Ismi, Hayatul]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20666
<![CDATA[Indonesia is a lawful welfare state, which means that the governmenthas a duty and responsibility in realizing the social justice and thegeneral welfare of the people. Paragraph (1) of the 1945 Constitution,stated that The State must ensure the implementation of equality in thestanding before the law. Nowadays it seems only the lower class thatmust obey the law, while the upper class seems to be immune to thelaw. They are hiding from the law behind the layers of their ownmoney. As if the law can be sold using money, even for those whocommit major crimes, corruption for example. While the lowerclasses who commit minor crimes can be imprisoned. Our country is acountry of law, then the law should be enforced, for all people and notjust for Reviews those who have the money. To realize theimplementation of the idea of a lawful welfare state then the Stateshould guarantee the right of every person to reach justice. In otherwords, the State must guarantee the implementation of legal aid to theimpoverished or Reviews those who cannot afford so that nonehas no access to justice that is mandated by the constitution. Legal aidadvocacy for the impoverished in the concept of a lawful welfare stateis certainly to be important in realizing the ideals of the lawful welfarestate that achieve social justice and general welfare of thepeople. Therefore, it is important to know the concept of advocacysuitable for the impoverished in a welfare state.]]>
<![CDATA[Role of Law Students in Providing Legal Literacy through Street Law ]]>
<![CDATA[Mulyani, Leni Widi]]>
<![CDATA[ The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/iccle.v1i01.20668
<![CDATA[Clinical Legal Education (CLE) is one of the programs that develop softskills for law students so that after graduation they’ll be ready to useand have a good spirit in helping others. The target group of theprogram are poor and/or marginalized who need help to get an accessto justice. CLE program consists of several activities, while the clinicwhich developed by the Faculty of law Pasundan University Bandung isthe provision of legal aid in the form of learning the law or the legalknowledge to those in need.]]>
