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The Indonesian Journal of International Clinical Legal Education

iccle
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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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The Education for Gender Equality and Human Rights in Indonesia: Contemporary Issues and Controversial Problems Larasati, Ayu Maulidina; Ayu, Novia Puspa
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper is motivated by the many legal issues concerning human rights issues that occur in the Indonesian education sector, especially regarding gender discrimination. Gender is the differentiation of roles, functions and responsibilities between women and men resulting from socio-cultural construction and can change according to the times. This paper discusses the main issues of gender in the perspective of human rights and gender equality education in Indonesia. Gender is a gender difference that is not caused by biological differences and not God's nature, but was created by both men and women through a long socio-cultural process. Differentiating the roles, functions and responsibilities of men and women in this social context is basically not a problem, but when examined more deeply it can be a cause of the emergence of gender discrimination, which is one of the sexes whose basic rights are neglected, left behind and experiencing problems of injustice.

Rights to Education for Poor Peoples: How The Country Protect Them? Widyantoko, Luthfi
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper discusses the rights of the poor and marginalized in obtaining the right to education as one of the basic human rights. This paper is based on the condition that the urgency of educational development is one of the top priorities in the national development agenda. Educational development is very important because of its significant role in achieving progress in various fields of life: social, economic, political, and cultural. Therefore, the Government is obliged to fulfill the rights of every citizen in obtaining education services in order to improve the quality of life of the Indonesian people as mandated by the 1945 Constitution, which requires the Government to be responsible in educating the life of the nation and creating public welfare. The lack of equal distribution of education in Indonesia is a classic problem which until now there has not been any strategic steps from the government to handle it. This paper confirms that the achievement of the right to education in Indonesia has not been achieved and is motivated by several key factors, among government policies. In addition, human resources and infrastructure are also one of the causes of unequal access to education in Indonesia.

The Settlement of Abuse of Authority by Government Officials Puhi, Oyaldi; Akili, Rustam Hs; Moonti, Roy Marthen
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper discusses the main problems in handling disputes over the abuse of authority by state officials. This paper is based on the concept of the state as an organization or the highest body that has the authority to regulate matters relating to the interests of the wider community and has the obligation to prosper, protect and educate the life of the nation. This paper aims to analyze the Authority of Government Officials in carrying out Government and the Settlement of Abuse of Authority within the scope of Government Officials. This paper confirms that the issuance of Law Number 30 of 2014 concerning Government Administration is a response and response to the polemic surrounding which judicial institution has the competence to examine whether or not there is an alleged element of abuse of authority by a public official. The law expressly mandates the state administrative court as a judicial institution that has absolute competence to examine the alleged abuse of authority. The presence or absence of an element of abuse of authority must be tested with the principle of specialism (specialiteitsbeginsel) which is nothing but the domain of administrative law. The Decision of the State Administrative Court in resolving the abuse of authority carried out by the Agency and / or Government Official that harms the state finances as stipulated in Law No. 30 of 2014, has binding legal force and must be obeyed and implemented by the relevant Government Officials.

Social Justice on Environmental Law Enforcement in Indonesia: The Contemporary and Controversial Cases Aji, Adiguna Bagas Waskito; Wiyatno, Puji; Arifin, Ridwan; Kamal, Ubaidillah
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Kaidah dasar yang melandasi pembangunan dan perlindungan lingkungan hidup Indonesia terdapat dalam pembukaan Undang-Undang Dasar 1945 pada alinea ke-4 yang pada pokoknya mewajibkan pemerintah untuk mendayagunakan sumber daya alam yang ada untuk sebanyak-banyak kesejahteraan rakyat. Pemikiran tentang kewajiban negara ini secara konstitusional tersebut lebih dijabarkan lagi dalam Pasal 33 Undang-Undang Dasar 1945, yaitu prinsip negara, bumi dan segala kekayaan yang terkandung di dalamnya serta menjadi hajat hidup orang banyak dikuasai oleh negara untuk digunakan untuk kehidupan orang banyak atau dengan kata lain negara bertindak sebagai penyelenggara kepentingan umum. Lingkungan hidup yang baik dan sehat meruoakan hak asasi setiap warga negara Indonesia sebagaimana diamantkan dalam Pasal 28H UUD RI 1945.

The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society? Prasetyani, Rurin Sisilia; Novina, Shally Saniyya
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values Ã¢â‚¬â€¹Ã¢â‚¬â€¹teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.

Wage Problems in Indonesia in the Human Rights Perspective (Case of Inappropriate Wages for Pot Workers in Tangerang) Mahasin, Zahra Zara; Naziah, Firqotun; Arifin, Ridwan
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper analyzes the fulfillment of rights for workers in the case in Tangerang (fulfillment of a decent salary). Whereas, one form of the implementation of the mandate of the 1945 Constitution in realizing decent livelihoods, especially for workers, is the minimum wage policy based on Law No. 13 of 2003 concerning Manpower which aims to provide protection for workers and their families, this is stated by clear in consideration of letter (d) of Law Number 13 of 2003 concerning Manpower, namely that the protection of labor is intended to guarantee the basic rights of workers and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families with still pay attention to the development progress of the business world. The disharmony in employment relations or labor turmoil is mostly caused by wage problems that are felt to be still very low. The low level of wages in Indonesia is caused by the abundant supply of labor, the level of labor skills is very low, and the government has an interest and seeks to create and expand employment opportunities.

Good Environmental Governance in Indonesia (Perspective of Environmental Protection and Management) Purniawati, Purniawati; Kasana, Nikmatul; Rodiyah, Rodiyah
The Indonesian Journal of International Clinical Legal Education Vol 2 No 1 (2020): Indonesian J. Int'l Clinical Leg. Educ. (March, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

This paper discusses good environmental governance in the framework of environmental protection and management. The evironmental view of governance itself provides a conceptual framework in which public and private behavior is regulated in supporting more ecologically oriented arrangements. The framework forms a reciprocal relationship between the community (global, regional, national and local) in dealing with the access and use of environmental goods and services and binds them (at any level) with certain specific environmental ethics. Then as a system, Environmental Governance consists of socio-cultural aspects, political and economic interactions among many actors in civil society. In managing and protecting the environment around it is needed cooperation between humans, humans are very important to manage and protect the environment in which they live. Starting from the government and until the people have the same rights and obligations in managing and protecting the environment without exception. Not limited wherever domicile. Both rural communities, rural and urban areas, become an important part of the realization of a good and healthy environment. The existence of the community will be very effective if its role in controlling the management of the exis ting environment.

State Financial System in Indonesia: Some Recent Developments Utama, Muhamad Adji Rahardian; Maulana, Muhammad Reza; Putri, Fadhilah Rizky Aftriani; Ramadhani, Fauziah; Octaviana, Setyarini Nur
The Indonesian Journal of International Clinical Legal Education Vol 2 No 2 (2020): Indonesian J. Int'l Clinical Leg. Educ. (June, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

The history of the development of the Indonesian financial system, the system of financial institutions underwent a very fundamental change, especially after entering the era of deregulation, the policy package October 27, 1988 which then continued with the enactment of several laws in the field of finance and banking since 1992, starting from the Banking Act, Act Insurance Act, Pension Fund Act, Capital Market Law, until the Bank Indonesia Law. The consequence of the issuance of this law is the change in the structure of the financial institutions in Indonesia. In addition, from the aspect of regulation and fostering, financial institutions are becoming increasingly clear and strong because they already have legal power, especially in the field of insurance and pension funds, which were previously legally regulated only on financial ministerial decisions. This paper analyzes the latest developments in the country's financial system in Indonesia. This paper aims to provide an overview, study, and compare about the developing financial system in Indonesia with several cases of existing financial systems both domestically and abroad. This paper also uses a comparative model of laws, where these laws relate directly or indirectly to the country's financial system.

The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011 Aji, Helmy Yahya Rahma; Ilyasa, Raden Muhammad Arvy
The Indonesian Journal of International Clinical Legal Education Vol 2 No 2 (2020): Indonesian J. Int'l Clinical Leg. Educ. (June, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.

Marriage Cancelled, What about the Rights for Children? Lestari, Maryana; Adiyatma, Septhian Eka
The Indonesian Journal of International Clinical Legal Education Vol 2 No 2 (2020): Indonesian J. Int'l Clinical Leg. Educ. (June, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Marriage regulations have been regulated in detail through Law No. 16 of 2019 which is a renewal of Law No. 1 of 1974 regarding marriages in several articles changed and followed by other supporting rules. In the State of Indonesia the marriage system adheres to the concept of absolute monogamy, only for the marriage of one husband and one wife. As a result of cultural and religious uniformity, there is a difference in the application of law in Indonesia, the application of national law that applies the concept of absolute monogamy is the implementation of Christian religion. Islam also contributes to the organization of marriages by regulating marriages in Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI), this illustrates that the contribution of Islam is recognized by the state. Knowing the word polygamy is only recognized through the rules contained in Islam, but the requirements for polygamy are permitted in Indonesia only to husbands. Opponents of a polygamy marriage are polyandri marriages, the difference is seen from the side of the husband or wife who has more than 1 partner. Although it is permissible under the applicable law all the requirements required by the state must be fulfilled as a whole, some of these requirements include obtaining permission from a legal wife or prospective wife to be combined, a statement of being able to be fair, as well as other accessible requirements in the competent authority.

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Contact Name
Ridwan Arifin

Contact Email
cle.journal@mail.unnes.ac.id

Phone
+6281225294499

Journal Mail Official
cle.journal@mail.unnes.ac.id

Editorial Address
Jalan Kampus Timur, Gedung K, Kampus Sekaran Gunungpati, Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ridwan Arifin

Contact Email cle.journal@mail.unnes.ac.id

Phone +6281225294499

Journal Mail Official cle.journal@mail.unnes.ac.id

Editorial Address Jalan Kampus Timur, Gedung K, Kampus Sekaran Gunungpati, Semarang

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

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Abstract

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Abstract

Abstract

Abstract

Abstract

Contact Name
Ridwan Arifin

Contact Email
cle.journal@mail.unnes.ac.id

Phone
+6281225294499

Journal Mail Official
cle.journal@mail.unnes.ac.id

Editorial Address
Jalan Kampus Timur, Gedung K, Kampus Sekaran Gunungpati, Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA