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The Indonesian Journal of International Clinical Legal Education
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27218368     DOI : https://doi.org/10.15294/ijicle
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 242 Documents
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Internationalization of Legal Education in Indonesia: Insights from Faculty of Law Universitas Negeri Semarang Sastroatmodjo, Sudijono; Muhtada, Dani
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20706

Abstract

today’s global era. While the internationalization of higher educationhas been defined as “the process of integrating an international,intercultural and global dimension into the goals, teaching/learning,research and service functions of a university or higher educationsystem” (Knight, 2014), the internationalization of legal education refersto such a process at the schools of law around the world. Severalfactors have contributed to the increasing need for such aninternationalization of legal education. These factors include theincreasing demand for transnational legal practices and the emergenceof legal problems that occurred across international boundaries. Thisarticle discusses the internationalization of legal education in Indonesia,focusing on the practice of international program offered by Faculty ofLaw at Universitas Negeri Semarang. The article analyzes the strengthsand opportunity of the program as well as its weaknesses and threats.The picture of the international program at the Faculty of Law atUniversitas Negeri Semarang may not reflect the general picture of theinternational programs in many Faculties of Law at Indonesianuniversities. However, it can provide a glance on how theinternationalization of legal education has been practiced by a publicuniversity in Indonesia. The article starts with a discussion ontheoretical views on the internationalization of legal education. Then itpresents why internationalization of legal program is needed and howit should be practiced in the Indonesian context. It then provides acritical analysis on the practice of international law program atUniversitas Negeri Semarang. Some strengths and weaknesses of theprogram are discussed. A recommendation to improve the quality ofthe international program at the Indonesian Faculties of Law ispresented afterwards.
The Urgency of Clinical Legal Education through Developing of Legal Aid on Campus as an Effort to Realize a Humanist Law Winarsih, Winarsih; Wulandari, Cahya
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20708

Abstract

Legal education is an important things for law enforcement in Indonesia becauselaw enforcers were born from a legal education. Nowadays in the law enforcementthere are many problems, one of which is the law enforcement that do not providea justice because law enforcer only became the implementer of law. Theseconditions make a law could not fulfill the needs of society. Law tend to be rigidand interpreted as a regulations, whereas according to Satjipto Rahardjo stated thatthe law qualities are determined by the ability to serve the society. Lawenforcement nowadays are inseparable from the legal education, where thestudents are taught with a variety of legal theories, judicial practices in severalcourses and internship. However, this is not able to result the graduates who areable to put a law to serve the society. In addition, the students tend to be begin bythe difference between theories and legal realities. Basically, there are legal aid oncampus that can be used as a means to solve these problems, but the existence oflegal aid cannot be utilized properly. Therefore clinical legal education throughdeveloping of legal aid are needed to solve these various problems. This paperdiscusses two main issues: the first, how are the urgency of clinical legal educationthrough developing of legal aid on campus? The second, how are theimplementation of clinical legal education through developing of legal aid oncampus? The results of this paper are: the first clinical legal education throughdeveloping of legal aid on campus is important to make the students understandthe society problems. Additionally after graduation, the students are expectedbecoming law enforcer who provide justice. Furthermore the graduates of the legaleducation are expected to enforce the law progressively based on the value ofjustice. The second, clinical legal education are implemented through the studentwith given more time to practice in the society so that the students know thevarious problems in society and compare with the legal theories. Furthermoreparadigm of the lecturer is also need to be changed with directed to give practicalcourses so that the students know the case directly in the society. Optimizing theexistence of legal aid on campus also become important things because it can beused to the students to provide services toward the society on campus. These waysare expected to the students who are able to practice in the society and makehumanist law.
Balancing Principles of Legality in Teaching Legal Studies Masyhar, Ali
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20709

Abstract

Principle of legality is a fundamental principle in criminal law, in which at the beginning of its birth, it was an oasis amid confusion of legal uncertainty. In the past, the law belonged to the king. People had no right to know whether or not that their actions were considered unlawful, all of them depend on subjectivity of the king. With this principle, the king no longer had a role to decide whether or not that a person is wicked but he was deprived of that authority. Everything was left to the judiciary (judge), even judges were only limited to apply the rules, as it should not be more and less. Whether or not someone is wicked, it clearly has been constructed in a rule. The rules define whether or not that the act was criminal. Next consequence was no crime beyond the written rules. Thus, disgraceful acts that harm the community will not be subject to criminal law (based on customary law), it will not be subject to criminal sanction if it is not formally formulated in criminal law. This is the main drawback of this principle of legality. If applied rigidly, then the next drawback is likewise very likelyto happen. A person will be easily criminalized if it has grazed the written rules, although in real sociological terms there is no legal injury and no harm to both material and immaterial.
State Responsibility to Provide a Free Legal Aid Access for the Poor and the Obstacles in the Implementation Kesuma, Derry Angling
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (402.53 KB) | DOI: 10.15294/iccle.v1i01.20710

Abstract

Access for the Poor to receive legal aid include in the area of criminallaw, Civil and Administrative-State, both litigation and nonlitigation.Legal Aid Litigation includes (1) Criminal cases, includinginvestigations, and trials in court I, appellate court, appellate hearings,and review; (2) Civil cases, including peace efforts or court decisions I,appellate court judgments, appellate court decisions, and review; and;(3) State administrative cases, including preliminary hearings and courtdecisions I, appellate court judgments, appellate court decisions, andreview. Obstacles and Constraints In the realization of Free LegalAssistance for People Not being able to factor their own lawenforcement officers is that the investigator who did not give the rightof suspects to legal assistance free of charge as mentioned in Article 56of the Criminal Procedure Code. Apparatus enforcer law ignoreobligations for pointed advisor law on free more caused becausein rules law we no juridical consequences that includes sanctions forinvestigators if not to say the rights of the suspect when theinvestigation or at all level examination. There are also constraints inproviding access to free legal aid for poor people, namely: a) lack ofsufficient budget for legal aid freely, b) In the constrained legal aiddisbursement by the certificate cannot afford, c) the defendant balks tobe accompanied legal advisors, d) There is still a court that has not hada POSBAKUM so that the Court finds it difficult to order a legal counselwho is willing to assist the defendant; e) Honors received by a relativelysmall legal counsel, f) A legal counsel appointed to assist a defendantwho is not able to be reluctant or often does not attend the hearingand does not appoint a replacement; g) If a defendant is unable toprepare a certificate of incapacity, because the defendant or theapplicant is in custody and they are not even domiciled or non-residentwithin the jurisdiction. This will result in the difficulty of disbursing thelegal aid funds
The Relevance of Clinical Legal Education for Law School on Preparing Legal Human Resources in Indonesia Suhadi, Suhadi
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20711

Abstract

The existence of human resources in the field of law, is increasinglydemanded by the society. In order to produce human resources in thefield of law, higher legal education needs to change the orientation ofeducation. Higher legal education needs not only to equip graduateswith technical abilities to analyze the legislation, but it also needs toequip them with knowledge to understand law and justice as a basichuman need. Clinical Legal Education is a learning model that developsinteractive and reflective learning, develops value-sensitive aspects oflaw purposes, instills the spirit of public service and social justice, andestablishes a basis for the development of responsible legalprofessionals. This means that, through the Clinical Legal Educationwhich gives students the opportunity to be willing to pay attention tothe empirical sides of the law. Using this way, the students' legalisticformalisticunderstanding will be enriched with their understanding ofvalues in the society. In this context, the Clinical Legal Education hasrelevance to the legal education in Indonesia in preparing thegraduates of law schools to become human resources in the field oflaw.
Clinical Legal Education for Human Rights Issues: How Students Can Implement Their Basic Knowledge of Human Rights in Reality Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 1 No 4 (2019): Indonesian J. Int'l Clinical Leg. Educ. (December, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.916 KB) | DOI: 10.15294/iccle.v1i01.20712

Abstract

Human rights was recognized as a fundamental issue both internationalcommunity and regional community like ASEAN. The student capabilityto transfer their knowledge concerning to the human rights wasbecome very important thing for legal development as well as lawenforcement. Through clinical legal education, students were beprepared to be available bring a justice in their real lives. Clinical legaleducation which specifically for human rights issues prepares studentfor lifelong careers in social justice advocacy around the globe. Throughthe Clinic, students join a community advocates working to promotehuman rights and recalibrate the global power imbalances that driveeconomic and political inequity, exploitation, threats to physicalsecurity, poverty, and environmental injustice. Through fact-finding,reporting, litigation, media engagement, advocacy, training, andinnovative method, the Clinic seeks to prevent abuse, advance respectfor human rights, and promote accountability for violations. The paperdivided into three main folds, first, how was the human rights issues onclinical legal education in some practices, second, how was the studentencourage the basic knowledge of human rights through clinical legaleducation, and three, how was the student use their knowledge in theirreality lives. The paper emphasized that, at the intersection of theoryand practice, the Clinic can be used as a laboratory for testing andmodeling new and innovative modes of human rights work, and seeksto be a model of rigorous and critical human rights advocacy. Thisincludes a focus on enhancing human rights methods throughinterdisciplinary partnerships, critical reflection on human rightspractice, and sustainable advocacy through attention to vicarioustrauma and resilience.
Civil Responsibility Model of Coastal State to Oil Pollution in the Sea as the Impact from the Stipulation of Dumping Area by Tanker Ship Purwendah, Elly Kristiani; Djatmiko, Agoes; Pudyastiwi, Elisabeth
The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (471.069 KB) | DOI: 10.15294/iccle.v1i01.20720

Abstract

The research results showed that dumping is stillunderstood pluralistically in Indonesian Legal System through someexisting laws, such as Law No. 17 of 1985 on the Ratification ofUNCLOS, Law No. 32 of 2009 on Environmental Protection andManagement, the Government Regulation No. 29 of 2014 on thePrevention of Environmental Pollution, the Regulation of the Minister ofMaritime Number 136 of 2015 on the Second Amendment to theMinisterial Regulation No. 52 of 2011 on Dredging and Reclamation,and the Ministerial Decree No. 4 of 2005 on the Prevention of Pollutionfrom Ships. Dumping Countermeasures in general is still understood asan act of dredging and reclamation as the cause of the silting ofshipping channels. Indonesia has not ratified the London DumpingConvention. The list of wastes that need special arrangements and isabsolutely not disposed in the territory of the coastal states has notbeen set. Therefore, compensation has not been the priority of theprotection to the marine environment by the state. The responsibility ofthe state through the State Attorney requires procedural formalities inthe form of a special power of attorney. Hence, a cooperation withrelevant institutions, in this case the Ministry of Environment andForestry, is necessary. Currently in Indonesia, there are too manyoverlapping authorities among the agencies that resulted in opposinginterest in interpreting the issues of civil lawsuit for environmentaldamages. The model that we offerred is on putting environmentalpriorities in one ministry, which is the Ministry of Environment andForestry, through the State Attorney.
Collective Violence and Social Disintegration: a Study of Mass Violence as a Trigger off Crime and The Loss of Social Values in Society Utari, Indah Sri
The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.287 KB) | DOI: 10.15294/iccle.v1i01.20721

Abstract

Many offenders (both individual and collective) are not subject to legalsanctions. There are rules but rarely enforced it tends to favoritism, nocourts but often a nest of mafia-sale decision, and there is often adifficult decision but the judge executed. Consequently, there is nocertainty that the law is truly objective norms that apply to all. There isno assurance that the process through the courts produce truth andjustice. That is why, difficult to ascertain that the person who is foundguilty, should always be punished. In fact there is a tendency todiscriminatory treatment between the perpetrators of the crime ofordinary citizens and the economically weak with perpetrators of crimescategorized as a strong economy, government officials, and even theperpetrators of environmental law enforcement officers themselves. Asa result of further emerging collective disappointment against legalinstitutions. People lose motivation to obey the law. Society tends tonot believe in the legal process, are not sure to get justice through thelaw, and appeared permissiveness of violations (Tanya, 2011: 5-6).Over the past few years, poverty has widened, many public serviceshave been fraudulently cheating. Not only have people stopped soeasily breaking the law and vigilante without hesitation, corruptiontakes place in every space, the abuse of power continues, scandals arise,reproductive violence everywhere including within the academiccommunity, and people increasingly poor again suffer Without theempathy of the elite and the possessed. This is where the necessity ofCLE is done in the framework of student vision in reality, so thatstudents do not study empty space but more on real observations inthe community, which then conducted the assessment in searching forthe right solution .Such circumstances must necessarily be terminated.All components of the nation must work together to build a communityof love. The republican community inhabited by the children of theemphatic nation is encouraged to give the best for the nation, able topraise the virtues, always live honorably, abstain from harming others,not to hold back what others deserve, and the generosity and love ofothers
An Employment Law Clinic: Developing of Student’s Capacity through Clinical Legal Education in Employment Matters on ASEAN Economic Community Era Sulistiyono, Tri; Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 1 No 2 (2019): Indonesian J. Int'l Clinical Leg. Educ. (June, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20722

Abstract

A legal clinic recognized as one of an important program in law school.Legal clinic provides a legal experience to law school students andservices to various clients. Legal clinic typically do pro bono work in aparticular area, providing free legal services to clients. ASEAN EconomicCommunity (AEC) Era become one of challenges for regionalcommunity especially Indonesia on facing and surviving in free tradearea. With high flow of trade activities—in the context of internationaltrade activities—the understanding about employment law is neededon only for practitioners but also students as well as law schoolgraduates. The employment law clinic offers legal advice to members ofthe community on a wide array of employment matters. This service iscritical, particularly at a time when the introduction of employment feeshave caused an alarmingly significant drop in claims. This translates toan increase in non-litigated violations of employment law due tofinancial barriers. The paper would examine three main things, first howwas an employment law clinic in law school legal education as a priorbasic understanding to face AEC era, second how an employment lawclinic can be used by students to establish and increase their capacity inthe context of employment matters, and third how this clinic willprovide a legal service in international trade law context as well asconcerning to labor and employment law. The paper focus onemployment law matters, such as illegal deduction of pay case,employment discrimination, unfair dismissal, zero-hour contract, tradeunion freedom in regional Southeast Asia. The paper emphasized thatthe clinic was need to involve some companies and governments aspartner, as well as the practitioners and lawyers.
Opening Remarks: Clinical Legal Education in Indonesia Objectives and Advantages Tangwun, Rodiyah
The Indonesian Journal of International Clinical Legal Education Vol 1 No 1 (2019): Indonesian J. Int'l Clinical Leg. Educ. (March, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (189.882 KB) | DOI: 10.15294/iccle.v1i01.20801

Abstract

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