The Digest: Journal of Jurisprudence and Legisprudence
The Digest: Journal of Jurisprudence and Legisprudence (The Digest) is a double blind peer reviewed journal published by Faculty of Law, Universitas Negeri Semarang (UNNES), Indonesia. The Journal published bi-annual every June and Desember The Digest is intended to be a scientific and research journal for academics, legal scholars, and legal practitioners with focuses on analysis of Court Decision and legal studies. The Journal publishes contemporary articles on law and case analysis, and the Journal published within Bahasa and English both print and online version. The Digest is also intended to be Indonesia’s forum for discussion and analysis of court decision. Each issue on The digest includes insightful analysis and discussion on court decision.
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<![CDATA[Peran dan Efektivitas Lembaga Bantuan Hukum Asosiasi Perempuan Indonesia untuk Keadilan dalam Pendampingan Kasus Kekerasan Terhadap Perempuan ]]>
<![CDATA[Azalia, Savira Nur]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Negeri Semarang ]]>
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<![CDATA[Indonesia as a legal state that applies the basic principles of justice to all its people shows this by making special rules regarding human rights that are owned by everyone. One form of rights that everyone has is the right to get justice and be treated equally before the law, without discriminating against race, ethnicity, religion, or social status. So, everyone both rich and poor, has the right to get justice for the legal problems he faces, with that a legal aid agency (LBH) was formed which is regulated in Law Number 16 of 2011 concerning legal aid, the implementation of law enforcement in it (advocates) as well regulated in accordance with the rules in the code of ethics of the advocate profession. This LBH is tasked with guiding and providing legal assistance until the case is completed and the victim gets justice for their rights free of charge without being charged a fee. One of the LBH located in Jakarta, namely LBH APIK, focuses on handling legal issues against women, of the many cases, the most cases are cases of violence against women. LBH APIK Jakarta's role is to help Indonesian women understand what rights they should have as Indonesian citizens. However, there are still many pros and cons to the operation of LBH in Indonesia. Is it running effectively and really helping the people or is it just a formality institution, and this paper will discuss the effectiveness of one of the LBH's running and review in this discussion in accordance with the applicable legal rules.]]>
<![CDATA[Optimalisasi Bantuan Hukum Demi Terwujudnya Keadilan bagi Rakyat Miskin (Studi Kasus Hak Terdakwa Yang Tidak Mampu dari Segi Ekonomi untuk Memperoleh Bantuan Hukum Terhadap Kejahatan yang Dilakukannya dalam Proses Peradilan Pidana) ]]>
<![CDATA[Kurniawan, Fadli Nur Wana]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Negeri Semarang ]]>
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<![CDATA[The provision of legal aid is one way to achieve justice for the poor that is given by the state as mandated by the constitution. Several regulations regarding legal aid have been issued by the state through laws. However, the facts in society are that the regulations made have not been effectively implemented so that the meaning of justice is biased. The ineffective implementation in providing legal aid in Indonesia is an interesting legal issue to be studied more deeply in order to find out the main problems that cause the ineffectiveness of providing legal aid in Indonesia which will later look for solutions from ideas that become formulations as optimization of legal aid provision in Indonesia. In criminal cases, in order to ensure the fulfillment of the rights of the accused, legal aid can take on the role of a guard to protect the fulfillment of the rights of the accused to avoid arbitrary treatment from irresponsible officers in the criminal justice process. Free legal aid can also be enjoyed by the defendants who cannot afford it. Legal assistance by advocates aims to avoid harming the sense of justice for the accused, and to protect the principle of justice for all regardless of race, skin color, religion, culture, socio-economic, rich/poor, belief, politics, gender, and ideology background.]]>
<![CDATA[Analysis of International Disputes Regarding Diplomatic Relations between Saudi Arabia and Qatar ]]>
<![CDATA[Umami, Rafika Zahra]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Negeri Semarang ]]>
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<![CDATA[Analysis of International Disputes Between Saudi Arabia and Qatar (Situation of Diplomatic Relations between the two countries) Abstract: Diplomatic relations by definition are relations with the mediation between representatives of two or more countries that are political in nature. In the international world, each country must have diplomatic relations with other countries, in establishing relations or interactions do not always go well, sometimes it will lead to international disputes such as those between Saudi Arabia and Qatar, as an outline of the dispute between the two countries, is caused by Saudi Arabia's view of Qatar which does not respect the gulf state's attitude, namely anti-Iran's attitude by supporting to assist Iranians and militant groups such as Muslim Brotherhood and others. The Gulf especially Arabs and made Arabs issue policies to cut off diplomatic relations with Qatar, this paper will discuss the general picture of the two countries and the history of relations between the two countries. Arabian conduct along with Qatar's response to this matter to efforts to reconcile the two countries by various parties Keywords: Diplomatic Relations, Saudi Arabia, Qatar, Disputes]]>
<![CDATA[International Legal Perspective on the Implementation of the Death Penalty Case Study of Mary Jane Fiesta Veloso ]]>
<![CDATA[Saputri, Ananda Ima]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Negeri Semarang ]]>
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<![CDATA[Mary Jane, a citizen from the Philippines, was arrested on April 25, 2010 by the police at Adi Sutjipto Airport, Yogyakarta, for her efforts to smuggle 2.6 kilograms of Heroin. In this case, finally in October Marry Jane was sentenced to death by the Sleman District Court on charges of violating Article 114 paragraph 2 of Law Number 35 Year 2009 Regarding Narcotics. Mary Jane sent clemency, which was rejected by President Jokowi. Mary Jane then tried to submit the Judicial Review (PK) and the PK session where the Sleman District Court decided to forward the Mary PK to the Supreme Court (MA). From this there are the main issues raised in this paper namely how international legal review responds to the death penalty that still occurs in several countries, especially Indonesia in Narcotics crime cases and what is the legal basis for the death sentence for drug dealers. The purpose of writing this paper is to increase knowledge of the legality of the death penalty in terms of human rights and international law. This writing uses a research method conducted by studying and analyzing legal materials and related legal issues. Through international legal instruments as in Article 3 of the Universal Declaration of Human Rights (UDHR), Article 6 paragraph (1) of the International Covenant on Civil and Political Rights (ICCPR) and in the Second Optional Protocol to the International Covenant on Civil and Political Rights which are protocols additional to the ICCPR which obliges participating countries to ban the implementation of the death penalty and abolish the death penalty. However, the results of the study show that the application of the death penalty for Narcotics crimes must be carried out to protect the public by capital punishment for Narcotics offenders which does not conflict with human rights and international conventions of civil and political rights so that the death penalty can be applied in Indonesia.]]>
<![CDATA[The Implementation of Non-Refoulement Principle in Case of Rohingnya ]]>
<![CDATA[Utami, Mumpuni Tri]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Negeri Semarang ]]>
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<![CDATA[The principle of non-refoulement is a refugee protection framework that prohibits the recipient country to expel the individual concerned to the area where he will experience persecution. Along with developments in international human rights law, the principle of non-refoulement is used as a method of fulfilling and protecting rights that are not interrogated, one of which is the right to be free from torture, cruel, inhuman and degrading behavior. This makes the principle of non-refoulement often applied without exception and discussed to achieve the status of jus cogen, the highest norm in the international legal hierarchy. The increase in asylum seekers is very worrying for the country of Indonesia, because Indonesia is not one of the countries ratifying the 1951 Refugee Convention, and has no obligation to accept asylum seekers, if asylum seekers enter illegally into Indonesia, and can disrupt the stability of Indonesia's defense and security . In general, the state is not asked to allow foreigners to enter its territory, but refugees are an exception to that rule. Refugees are people who are in a very vulnerable situation. They do not get protection from their own country, even often the government itself threatens to persecute them. In such circumstances, the international community makes the necessary efforts to guarantee and ensure that a person's basic rights remain protected and respected. In this international protection status, a person who is in a capacity as a refugee is obliged to get protection for his basic human rights. Rohingya ethnic refugees without citizenship are one example. Torture and discrimination have made them inevitably leave their home countries for centuries. Many of them fled to countries like Indonesia. However, it should be remembered that Indonesia did not ratify the 1956 convention or the 1967 protocol. However, the existence of the principle of non-refoulement caused Indonesia to accept and protect the Rohingya refugees.]]>
<![CDATA[Peran dan Efektivitas Lembaga Bantuan Hukum Asosiasi Perempuan Indonesia untuk Keadilan dalam Pendampingan Kasus Kekerasan Terhadap Perempuan ]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/digest.v1i2.48622
<![CDATA[Indonesia as a legal state that applies the basic principles of justice to all its people shows this by making special rules regarding human rights that are owned by everyone. One form of rights that everyone has is the right to get justice and be treated equally before the law, without discriminating against race, ethnicity, religion, or social status. So, everyone both rich and poor, has the right to get justice for the legal problems he faces, with that a legal aid agency (LBH) was formed which is regulated in Law Number 16 of 2011 concerning legal aid, the implementation of law enforcement in it (advocates) as well regulated in accordance with the rules in the code of ethics of the advocate profession. This LBH is tasked with guiding and providing legal assistance until the case is completed and the victim gets justice for their rights free of charge without being charged a fee. One of the LBH located in Jakarta, namely LBH APIK, focuses on handling legal issues against women, of the many cases, the most cases are cases of violence against women. LBH APIK Jakarta's role is to help Indonesian women understand what rights they should have as Indonesian citizens. However, there are still many pros and cons to the operation of LBH in Indonesia. Is it running effectively and really helping the people or is it just a formality institution, and this paper will discuss the effectiveness of one of the LBH's running and review in this discussion in accordance with the applicable legal rules.]]>
<![CDATA[Optimalisasi Bantuan Hukum Demi Terwujudnya Keadilan bagi Rakyat Miskin (Studi Kasus Hak Terdakwa Yang Tidak Mampu dari Segi Ekonomi untuk Memperoleh Bantuan Hukum Terhadap Kejahatan yang Dilakukannya dalam Proses Peradilan Pidana) ]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
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DOI: 10.15294/digest.v1i2.48624
<![CDATA[The provision of legal aid is one way to achieve justice for the poor that is given by the state as mandated by the constitution. Several regulations regarding legal aid have been issued by the state through laws. However, the facts in society are that the regulations made have not been effectively implemented so that the meaning of justice is biased. The ineffective implementation in providing legal aid in Indonesia is an interesting legal issue to be studied more deeply in order to find out the main problems that cause the ineffectiveness of providing legal aid in Indonesia which will later look for solutions from ideas that become formulations as optimization of legal aid provision in Indonesia. In criminal cases, in order to ensure the fulfillment of the rights of the accused, legal aid can take on the role of a guard to protect the fulfillment of the rights of the accused to avoid arbitrary treatment from irresponsible officers in the criminal justice process. Free legal aid can also be enjoyed by the defendants who cannot afford it. Legal assistance by advocates aims to avoid harming the sense of justice for the accused, and to protect the principle of justice for all regardless of race, skin color, religion, culture, socio-economic, rich/poor, belief, politics, gender, and ideology background.]]>
<![CDATA[Analysis of International Disputes Regarding Diplomatic Relations between Saudi Arabia and Qatar ]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
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DOI: 10.15294/digest.v1i2.48627
<![CDATA[Analysis of International Disputes Between Saudi Arabia and Qatar (Situation of Diplomatic Relations between the two countries) Abstract: Diplomatic relations by definition are relations with the mediation between representatives of two or more countries that are political in nature. In the international world, each country must have diplomatic relations with other countries, in establishing relations or interactions do not always go well, sometimes it will lead to international disputes such as those between Saudi Arabia and Qatar, as an outline of the dispute between the two countries, is caused by Saudi Arabia's view of Qatar which does not respect the gulf state's attitude, namely anti-Iran's attitude by supporting to assist Iranians and militant groups such as Muslim Brotherhood and others. The Gulf especially Arabs and made Arabs issue policies to cut off diplomatic relations with Qatar, this paper will discuss the general picture of the two countries and the history of relations between the two countries. Arabian conduct along with Qatar's response to this matter to efforts to reconcile the two countries by various parties Keywords: Diplomatic Relations, Saudi Arabia, Qatar, Disputes]]>
<![CDATA[International Legal Perspective on the Implementation of the Death Penalty Case Study of Mary Jane Fiesta Veloso ]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
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Download Original
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DOI: 10.15294/digest.v1i2.48628
<![CDATA[Mary Jane, a citizen from the Philippines, was arrested on April 25, 2010 by the police at Adi Sutjipto Airport, Yogyakarta, for her efforts to smuggle 2.6 kilograms of Heroin. In this case, finally in October Marry Jane was sentenced to death by the Sleman District Court on charges of violating Article 114 paragraph 2 of Law Number 35 Year 2009 Regarding Narcotics. Mary Jane sent clemency, which was rejected by President Jokowi. Mary Jane then tried to submit the Judicial Review (PK) and the PK session where the Sleman District Court decided to forward the Mary PK to the Supreme Court (MA). From this there are the main issues raised in this paper namely how international legal review responds to the death penalty that still occurs in several countries, especially Indonesia in Narcotics crime cases and what is the legal basis for the death sentence for drug dealers. The purpose of writing this paper is to increase knowledge of the legality of the death penalty in terms of human rights and international law. This writing uses a research method conducted by studying and analyzing legal materials and related legal issues. Through international legal instruments as in Article 3 of the Universal Declaration of Human Rights (UDHR), Article 6 paragraph (1) of the International Covenant on Civil and Political Rights (ICCPR) and in the Second Optional Protocol to the International Covenant on Civil and Political Rights which are protocols additional to the ICCPR which obliges participating countries to ban the implementation of the death penalty and abolish the death penalty. However, the results of the study show that the application of the death penalty for Narcotics crimes must be carried out to protect the public by capital punishment for Narcotics offenders which does not conflict with human rights and international conventions of civil and political rights so that the death penalty can be applied in Indonesia.]]>
<![CDATA[The Implementation of Non-Refoulement Principle in Case of Rohingnya ]]>
<![CDATA[ The Digest: Journal of Jurisprudence and Legisprudence Vol 1 No 2 (2020): The Digest (December, 2020) ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
Show Abstract
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DOI: 10.15294/digest.v1i2.48629
<![CDATA[The principle of non-refoulement is a refugee protection framework that prohibits the recipient country to expel the individual concerned to the area where he will experience persecution. Along with developments in international human rights law, the principle of non-refoulement is used as a method of fulfilling and protecting rights that are not interrogated, one of which is the right to be free from torture, cruel, inhuman and degrading behavior. This makes the principle of non-refoulement often applied without exception and discussed to achieve the status of jus cogen, the highest norm in the international legal hierarchy. The increase in asylum seekers is very worrying for the country of Indonesia, because Indonesia is not one of the countries ratifying the 1951 Refugee Convention, and has no obligation to accept asylum seekers, if asylum seekers enter illegally into Indonesia, and can disrupt the stability of Indonesia's defense and security . In general, the state is not asked to allow foreigners to enter its territory, but refugees are an exception to that rule. Refugees are people who are in a very vulnerable situation. They do not get protection from their own country, even often the government itself threatens to persecute them. In such circumstances, the international community makes the necessary efforts to guarantee and ensure that a person's basic rights remain protected and respected. In this international protection status, a person who is in a capacity as a refugee is obliged to get protection for his basic human rights. Rohingya ethnic refugees without citizenship are one example. Torture and discrimination have made them inevitably leave their home countries for centuries. Many of them fled to countries like Indonesia. However, it should be remembered that Indonesia did not ratify the 1956 convention or the 1967 protocol. However, the existence of the principle of non-refoulement caused Indonesia to accept and protect the Rohingya refugees.]]>
