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Indonesian Journal of Law and Society Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember East Java, Indonesia 68121 Tel: (+62) 331 335462, 322808 Fax: (+62) 330 482, 322809
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INDONESIA
Indonesian Journal of Law and Society
Published by Universitas Jember
ISSN : 27224074     EISSN : 27224074     DOI : https://doi.org/10.19184/ijls.v1i2.18091
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Law and Society is an international peer-reviewed journal published by the Faculty of Law, University of Jember, Indonesia. The publication contains a rich store of legal literature analyzing legal development. This platform continues to advance the boundaries of global and local developments in law, policy, and legal practice by publishing cogent and timely articles, commentaries, and book reviews on a biannual basis. The journal covers both domestic and international legal developments. This platform provides a venue for distinguished scholars and new academics around the world to share their academic works. The publication is primarily dedicated to encouraging scholarly attention and advancing the intimate knowledge of recent discourses on law and society. This journal recognizes that the boundaries in the study of law have become increasingly porous. So too, there is a relevant relationship between law and society. The publication in this journal reflects and values this intellectual cross-fertilization.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Criminal Law Policy on the Protection of the Marriage of the Underage Children Edo Fernando
Indonesian Journal of Law and Society Vol 1 No 1 (2020): Contextual Issues on Law, Policy, and Society I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i1.16758

Abstract

Anak sebagai manusia yang tergolong dalam kelompok rentan membutuhkan perlindungan dalam masa tumbuh kembangnya, salah satunya perlindungan dari perkawinan di bawah umur. Ironisnya, Indonesia sedang berada pada kondisi darurat perkawinan di bawah umur. Secara normatif, UU Perlindungan Anak menempatkan peran orang tua untuk mencegah anak dari perkawinan di bawah umur. Di sisi lain, UU Perkawinan mempermudah perkawinan di bawah umur melalui hak orang tua mengajukan dispensasi nikah. Maka, secara normatif terdapat dualisme peran orang tua dalam perlindungan anak dari perkawinan di bawah umur. Artikel ini mengkaji pertentangan antara norma dispensasi nikah dan norma kewajiban orang tua mencegah perkawinan di bawah umur serta kebijakan hukum pidana terhadap perlindungan anak dari perkawinan di bawah umur perspektif UU Perlindungan Anak. Berdasarkan kajian literatur, norma dispensasi nikah yang menempatkan orang tua sebagai pemohon dispensasi nikah bertentangan dengan peran orang tua untuk mencegah perkawinan di bawah umur dalam upaya perlindungan anak. Hal ini dikarenakan perkawinan di bawah umur merupakan praktik yang harus dicegah karena menempatkan anak pada kondisi yang berbahaya dan melanggar hak-hak anak. Sementara itu, kebijakan hukum pidana terhadap anak dari perkawinan di bawah umur dalam UU Perlindungan Anak tidak diakomodasi secara tegas dan khusus. Artikel ini berakhir dengan saran untuk mengatur perlindungan anak dari perkawinan di bawah umur secara tegas dan khusus dalam UU Perkawinan dan UU Perlindungan Anak. Kata Kunci: Kebijakan Hukum Pidana, Perkawinan di Bawah Umur, Perlindungan Anak.
Reformulating Political Party Court Procedures in Parties' Dispute Settlement Happy Agung Saputra; Iwan Rachmad Soetijono; Shofi Munawwir Effendi
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.19345

Abstract

This paper aims to revisit the procedures for internal dispute resolution of political parties through political party courts. Reformulation is the stage of law enforcement in abstracto by the legislature or is limited to the formulation of provisions and substances that will be regulated in law in accordance with the situation and conditions, both present and future. The political party court is an important institution in the law enforcement process that has a mixed-function, namely as a regulator, administrator, and even adjudicator with a quasi-judicial nature. Internal dispute resolution brought to the political party court is to ensure the freedom of political parties, as well as to limit government interference which can lock in the freedom and role of political parties as one of the institutions needed to exercise people's sovereignty. Thus, it is urgent to have the idea of ​​reformulating the procedural arrangements of the political party court which are in accordance with the principles of justice and can be accounted for. This is an answer to the problems of political party disputes so that these dispute cases can be accommodated through strict and perfect regulations.KEYWORDS: Reformulation, Political Party Court, Dispute Resolution, Political Parties.
Land Acquisition for Public Interests: A Review from the Human Rights Context Yesi Nurmantiyas Sari; Rizal Nugroho; Al Khanif
Indonesian Journal of Law and Society Vol 1 No 1 (2020): Contextual Issues on Law, Policy, and Society I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i1.16757

Abstract

Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the rights of the people affected by land acquisition. Irregularities that often occur in the implementation of land acquisition are related to discrimination, intimidation, and violence. These rights are included in human rights, which must be upheld and protected because this is closely related to property rights. Human rights give an understanding that the right to own something is the right of every citizen, including the right to own land is one of the human rights inherent in each person per person in groups. While property rights must not be taken arbitrarily and against the law, such matters are regulated in Article 28H of the 1945 Constitution. This paper concludes that the construction activities of the New Yogyakarta International Airport (NYIA) carried out violated human rights; this is because the land acquisition team has committed violence, discrimination, and violence against the people affected by land acquisition. The form of legal protection provided by the government is proper compensation.
Fair Use Doctrine in Photocopying Books for Educational Purposes: A Study of Copyright Acts in Indonesia and the United States Nadiya Nurmaya; Mardi Handono; Galuh Puspaningrum
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.18091

Abstract

Globalization has offered a multitude of opportunities and challenges, mainly when it deals with copyright. The scope of copyright has been broad, encompassing various aspects of life, especially in literature and education. This study aims to analyze Indonesia's copyright issues, particularly regarding the reproduction of books deemed to have lesser protection for authors, dealing with the fair use doctrine. This doctrine considers that work is allowed to a limited extent for use by other parties without the creator or copyright holder's permission to keep it fair. This fair use doctrine permits limited and fair use of literary works for specific purposes without royalty payments and the author's consent. Given the author's more protection, this study then displays a comparative analysis of the U.S. framework on the Copyright Act portrayed into two main discussions. First, this study will discuss photocopying for educational purposes from the lens of Indonesia's Copyright Act. Second, this study considers the possible adjustment to adopt the so-called future concept of restrictions for educational purposes from the U.S. States Copyright Act 1976. KEYWORDS: Fair Use Doctrine, Copyright Act, Copyright for Educational Purposes.
Political Rights of the Indonesian Citizen Possessing Dual Citizenship: A Contextual Analysis Sekar Dani Ajeng Adinda; Antikowati Antikowati; Rosita Indrayati
Indonesian Journal of Law and Society Vol 1 No 1 (2020): Contextual Issues on Law, Policy, and Society I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i1.16760

Abstract

The issue of citizenship is one part of the study of state studies or commonly referred to as State Administration Law. One element of state existence is citizenship (algemene staatslehre). In the context of citizenship, the issue of citizenship is critical because, in general, the state consists of three elements, namely the territory, people who are identical with citizens, and sovereign government as a constitutive element and the recognition of other countries as declarative elements. Every citizen must have citizenship because it is an essential thing. After all, citizenship has a close relationship between the citizen and the country in which the citizen lives. These matters relate to citizens related to identity, rights, obligations, participation or participation, and shared social ownership. In addition, with citizenship, citizens automatically have legal protection wherever they are. Having two citizenships is no longer a taboo for citizens and is likely to continue to develop in the future. The fact is that there are citizens aged 18 years or over who have dual citizenship, even though the ownership of dual citizenship should be limited. One of the rights of every citizen is the right to be elected and elected. However, there are still citizens who have dual citizenship. Because of dual citizenship, approaching the General Election confuses citizens of those who have dual citizenship but still wants to fulfill their rights in electing potential national leaders and also the right to lead Indonesia. Keywords: Political Rights, Citizenship, Dual Citizenship.
Legal Consequences of Refugees’ Visa Misuse to Obtain Indonesian Citizenship Aninda Novedia Esafrin; Antikowati Antikowati; Gautama Budi Arundhati
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.17479

Abstract

This paper aims to examine problems regarding the possible abuse by refugees inconsistent with Indonesia’s laws and regulations. In the context, the government can make efforts to deal with refugees who enter Indonesia illegally and the government can formulate new laws and regulations that can discuss problems caused by refugee actions in more detail, clearly and in detail, starting from the arrest process to the sanctions process that is obtained. Because until now Indonesia has not had this policy. Those refugees' status then serves the purpose to get a decent living in a recipient country such as Australia. Misuse of visas is widely used by refugees because Indonesia implements a visa-free system of visits to 169 countries in the world. Visa-Free Visit Policy based on President Regulation Number 125 of 2016 concerning Visa-Free Visit. In this regard, the country needs to anticipate the increasing number of visa misuse for refugees entry to Indonesian territory by sending them to immigration detention centers as a form of sanctions imposed before returning to their country and making deportation the last step in resolving the visa misuse problem committed by refugees. KEYWORDS: misuse of visa in Indonesia, immigration detention, refugee deportation.
Revisiting the Land Conversion of the Protected Forest for the Mining Industry in Tumpang Pitu, Banyuwangi Dimas Bagus Triatmojo; Warah Atikah; Nurul Laili Fadhilah
Indonesian Journal of Law and Society Vol 1 No 1 (2020): Contextual Issues on Law, Policy, and Society I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i1.16761

Abstract

Indonesia is a country that has abundant natural resources, both renewable and non-renewable. The wealth of natural resources contained in the motherland can be utilized for the needs and welfare of the people of Indonesia under Article 33 paragraph (3) of the 1945 Constitution. One of the natural resources in Indonesia is forests. The government establishes a forest area as a protected forest area for a benefit that is expected by law. There is a violation of the use of protected forest areas for interests outside the forestry sector, namely the conversion of the function of protected forests used as mining land violations that are contrary to Article 38 Paragraph 4 of Law Number 41 of 1999. Mining business activities have negative impacts as well as positive impacts that arise. Mining will harm environmental conditions that can affect the social life of the community, reducing the environmental quality of the positive impact of the existence of mining business activities in an area will cause changes to the economic level, the legal basis for protecting the affected communities in the mining sector, as mandated by Article 28G Paragraph (1) and Article 28H Paragraph (1) of the 1945 Constitution. Keywords: Transfer of Protection Forest Functions, Mining Impacts.
Comparing the Contract Between Islamic and Indonesian Laws Atharyanshah Puneri
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.18171

Abstract

In the common transaction, the contract plays a crucial element made between the parties with their consent. Its importance reflects that the contract realizes the parties' agreements and the contract binds the parties mentioned in the agreements. This study aims to review the contract law by analyzing the law of contract from two different laws, which are Islamic and Indonesian laws. This study finds some similarities and differences between Islamic and Indonesian laws when they come to governing contracts. Every contract in Islamic law must comply with sharia aspects, and the law derived from the Quran and Hadith. Meanwhile, based on Indonesian law, a contract can be deemed legal when it complies with the requirements stated in Article 1320 Indonesian Civil Code, and every Contract in Indonesian Law comes and is derived from the Indonesian Civil Code. KEYWORDS: contract law, Islamic law, Indonesian law.
The Cost of Panai' as the Marriage Requirement for the Migrant Bugis Tribe under Adat Law Dhelima Putri Laksana; Dominikus Rato; Emi Zulaikha
Indonesian Journal of Law and Society Vol 1 No 1 (2020): Contextual Issues on Law, Policy, and Society I
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i1.16769

Abstract

This research aims to examine the legal phenomena of the application of the panai money, the cost imposed for the migrant Bugis customary law community in Sukabumi Village, Mayangan District, Probolinggo City, East Java. In other words, Panai' money is such customary money which must be handed over in Bugis tribal marriages. The data analysis method used is descriptive qualitative. Data collection techniques using literature study, observation, interviews, and documentation. The results of this study indicate that the submission of panai money has become a tradition that originated from an ancestor that is still valid today. Due to the high panai money, however, many of the Bugis people who wander no longer use panai money, as it takes into account the weakness of their customary values, as well as the many other cultures that influence, but there are still people who still defend it because of their strong customary values ​​which they still hold even though in the migrant area. Because panai money ’is a tradition that has long been a benchmark for Bugis people, this tradition still strongly considers moral sanctions, and the avoidance of this money is responded by some people to decide to elope. Keywords: Migrant Bugis Tribe, Marriage Law, Adat Law.
Child-Friendly Cities and Districts As Human Rights Protection in Indonesia’s Decentralization Context Fanny Tanuwijaya; Fiska Maulidian Nugroho
Indonesian Journal of Law and Society Vol 1 No 2 (2020): Contextual Issues on Law, Policy, and Society II
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v1i2.17496

Abstract

This paper aims to examine the implementation of the Child Friendly Cities and Districts in Indonesia, as part of the decentralized agenda of current Indonesian reform. Child protection has become one of the current problematic issues. This protection includes the effort to guarantee and ensure the right to live, grow, develop, and participate fully in realizing each child's future. The Indonesian government introduces regional child protection, it is Child-Friendly Cities and Districts as a part of the critical address responding to the issue to the extent the government provide a serious protection for the infant generation. Historically, the United Nations Children's Fund (UNICEF) initiated this concept, whose purpose was to aspire to children's rights through the goals, programs, policies, and local governance structures. To date, there remain many regional governments that do not have regulations on child-friendly cities or districts. This paper considers Indonesia's regions experiencing in regulating and implementing the child-friendly cities and districts that have become a benchmark for the other regions. In the end, this paper concludes that each region must regulate and implement the child-friendly cities with regional characteristics into a series of regional regulations, particularly preceded by the regional regulation. KEYWORDS: Human Rights, Child Protection, Children Rights, Child-Friendly Cities.

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