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Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
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Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 40 Documents
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LEGAL ISSUES ON THE IMPLEMENTATION OF THE BLUE ECONOMY IN INDONESIA Raden Yoseph Gembong Rahmadi
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.062 KB) | DOI: 10.35973/jpl.v2i1.2584

Abstract

The purpose of this study is to determine the legal regulation arrangements concerning the blue economy and solutions to overcome obstacles to the implementation of the blue economy, in this case, are B3 and dumping. This research is normative juridical research, using a descriptive method with a qualitative approach. The data source used in this study is secondary legal material, which will examine positive legal norms. The conclusion that can be stated is that there is no harmonization between articles in one law and harmonization between laws governing environmental management. The solution to overcome obstacles to implementing the blue economy is first to harmonize related legislation. Second, strict legal action and sanctions from the government if there are violations related to marine affairs. Third, the existence of joint patrols between related institutions in the country and patrols between countries.
LEGAL PROTECTION OF COSMETIC CONSUMERS IN INDONESIA anastasia tri yuli susanti
Journal Philosophy of Law Vol 1, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.318 KB) | DOI: 10.35973/jpl.v1i2.2364

Abstract

This article is a conceptual article that will discuss how to implement legal protections for consumers in using cosmetic products based on positive law in Indonesia. This needs to be studied in a paper because it is motivated by several things. Recently the Food and Drug Supervisory Agency (from now on referred to as Badan POM [Indonesian Food and Drug Authority]) announced 27 cosmetic brands which were found to be positive for hazardous ingredients, namely Mercury (Hg), Hydroquinone, Retinoic Acid (Retinoic Acid), Rhodamine (Red K.10) and Red K.3 Mercury (Hg) dyes are both hazardous materials that can harm skin health and can cause poisoning when used for a long time. The juridical problem with law enforcement to ensure the protection of the rights of consumers of cosmetic users is that the legal construction of the protection of cosmetic users is not regulated in an existing legal provision, so that this paper will state the importance of codification, in addition, legal protection also needs to be socialized to the public to realize preventive legal protection.
THE EFFECTIVENESS OF THE ROLE OF THE MEDIATOR IN THE EQUITABLE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES Sugiyanto Sugiyanto
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (465.883 KB) | DOI: 10.35973/jpl.v2i1.2574

Abstract

The State of Indonesia is obliged to regulate Mediators to effectively settle industrial relations disputes through a sound industrial relations system. The industrial relations system formed between the actors in producing goods and services is expected to create harmonious and just industrial relations. The problems in this study are; (1) What is the role of the mediator in creating harmonious industrial relations? (2) How is the effectiveness of the mediator’s role in the fair settlement of industrial relations disputes? This research method uses normative juridical, a study that is very closely related to primary data in the form of related laws and regulations, and secondary data in the form of literature books. The approach method used in this research is empirical juridical. Juridical research is the law which is conceptualized as the effectiveness of the mediator’s role in the fair settlement of industrial relations disputes. The results showed that; (1) The role of mediator in creating harmonious industrial relations by providing understanding to workers and employers regarding labor regulations to create harmonious industrial relations. The role of the industrial relations mediator is preventive or preventing industrial relations disputes from occurring. (2) The effectiveness of the mediator’s role in the just settlement of industrial relations disputes must guarantee a fair and effective settlement of industrial relations disputes. In a fair and effective settlement of industrial relations disputes, the ideal mediation is resolved by a fair and non-discriminatory institution. The disputing parties can choose a mediator deemed the neutral parties capable of doing justice and fair settlement procedures.
THE ROLE OF BHAYANGKARA AS THE TRUSTEE OF COMMUNITY SECURITY AND ORDER IN SETTLEMENT OF CRIMINAL ACTS OF DOMESTIC VIOLENCE THROUGH PENAL MEDIATION Denis Restyana
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.823 KB) | DOI: 10.35973/jpl.v1i1.2287

Abstract

Bhabinkamtibmas has the function of carrying out consultation, mediation, negotiation, facilitation, motivation to the community in Harkamtibmas, and solving crime and social problems. With the task as intended, this study will try to examine and analyze how the role of Bhabinkamtibmas in criminal acts of domestic violence (KDRT) through penal mediation at the Weleri Police, Kendal Resort Police and how the obstacles faced in resolving criminal acts of domestic violence (KDRT) through penal mediation by Bhabinkamtibmas at the Weleri Police, Kendal Resort Police. This study uses a sociological juridical approach, which means that this research is examined by looking at the findings of facts in the field, which are used as the basis of the author as data obtained from the field (non-doctrinal) with the existing reality. Based on the results of the study, data obtained that (1) the role of Bhabinkamtibmas in resolving criminal acts of domestic violence (KDRT) through Penal Mediation at the Weleri Police, Kendal Police, aims to obtain more effective and efficient results in controlling crime by maximizing the role of law enforcement officers, in this case, the police in resolving cases through penal mediation. First, the police as a facilitator for both parties. Second, the police also often play a role as mediators in penal mediation and build joint participation between perpetrators, victims, and the community in resolving an event or crime. The problems faced can be appropriately resolved by ensuring a sense of justice, especially for victims. (2) The obstacles faced in settlement of criminal acts of domestic violence (KDRT) through penal mediation by Bhabinkamtibmas at the Weleri Police, Kendal Police are: (1) Not familiar with the settlement process through mediation; (2) The existence of a third party who interferes in solving a problem; (3) The legal basis is not yet strong in resolving through mediation; (4) The Criminal Justice System spearheads the investigation process; (5) The parties do not comply with the mediation decision; (6) Public distrust of law enforcement officers (Bhabinkamtibmas) becomes a mediator.
THE IMPLEMENTATION OF REGULATIONS IN HANDLING COVID-19 IN INDONESIA sukirno sukirno
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (50.111 KB) | DOI: 10.35973/jpl.v2i1.2585

Abstract

This study aims to describe how the regulations in handling Covid -19 occur in Indonesia and their implementation. This study uses a normative juridical research method, which is a study that tries to examine the laws and regulations used in handling Covid -19 in Indonesia. The study results show several regulations in handling Covid-19 at the moment, both at the national and regional levels, such as the Law of the Republic of Indonesia Number 6 of 2018 concerning Health Quarantine to other implementing regulations. However, in practice, the implementation has not run optimally. There are still many violators in the community, and this is because the existing regulations do not regulate strict sanctions for violators. So that regulations governing the application of law in handling Covid -19 in Indonesia still need reforms in the field of law, with the aim that the law can be felt by the community, namely legal certainty, justice, and benefits for the community.
THE PROBLEMS OF WASTE MANAGEMENT IN PEMALANG REGENCY moh sidik
Journal Philosophy of Law Vol 2, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.052 KB) | DOI: 10.56444/jpl.v2i2.2356

Abstract

This study aims to determine the implications of Pemalang Regency Regulation Number 13 of 2012 on implementing waste management. Garbage is an environmental problem that until now has received serious attention in Indonesia. In implementing waste management, local governments have the authority to formulate regional regulations and provide waste management facilities how the success of waste management in Pemalang Regency can be known through the implementation of waste management based on Pemalang Regency Regulation Number 13 of 2012. The research method used in this study is an empirical juridical method by examining the applicable legal provisions and what happens in reality on the ground. The sources used to consist of primary and secondary sources. The results of this study indicate that Pemalang Regency Regulation Number 13 of 2012 substantially regulates the technical and responsibilities of each individual or institution in waste management, as well as sanctions for waste management violators. Implementing waste management based on Pemalang Regency Regulation No. 13 of 2012 still found many obstacles in the form of a limited budget, human resources, and low public awareness. The authority for waste management given to the village government is also still limited. In general, the background of the emergence of these obstacles is caused by the limitations of the government in providing facilities and local regulations that do not give authority to the village government ideally.
STRENGTHENING DIVERSION REGULATIONS AGAINST CHILDREN DRUG ABUSE Indra Retnowati
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.408 KB) | DOI: 10.35973/jpl.v1i1.1802

Abstract

Children are the nation's next-generation who must be protected from all forms of violence, discrimination and deprivation of liberty. The purpose of writing this article is to find out and analyze legal regulations in Indonesia, which seek to provide legal protection for children who abuse narcotics and how the sanctions can be imposed. The writing of this article uses the empirical normative juridical research method, which is a study that seeks to analyze a qualitative descriptive of events that are happening in the community, especially regarding the protection of children in conflict with the law. The results showed that children who dealt with narcotics abuse did not get diversion, such as the case in Court Decision Number 19/Pid.Sus-Anak/2019/PN.Smg, in which a fifteen-year-old child who uses Narcotics Category I is carrying one bag of a small plastic clip in the form of Methamphetamine and the urine turns out to be positive containing Methamphetamine is threatened with Article 114 paragraph (1) Juncto Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics with the threat of 5 (five) years imprisonment, this is contrary to the purpose of diversion as in Article 6 letter b of Law Number 11 of 2016 concerning the Criminal Justice System for Children which states, diversion aims to prevent children from being deprived of freedom. Children have the right to get their rights without asking for it. Based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, the child is sentenced to two years and work training for three months. Children should not be penalized and get Diversion.
STRENGTHENING THE REGULATION OF EDUCATION SERVICES FOR FAITH IN GOD ALMIGHTY ceprudin ceprudin
Journal Philosophy of Law Vol 1, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.235 KB) | DOI: 10.35973/jpl.v1i2.2576

Abstract

This study aims to strengthen educational services for followers of Faith in God Almighty. Strengthening education services for religious groups is an effort to equalize the right to education for all citizens. Equalization of education services is a mandate of the Constitution 1945 of the Republic of Indonesia, emphasizing that every citizen has the right to education and teaching. Based on data from the Directorate General of Population and Civil Registration (Dukcapil) of the Ministry of Home Affairs (Mendagri), until June 2021, the population of Indonesia who adheres to the Faith is 102,508 people. This amount is equivalent to 0.04 percent of the total population of Indonesia, which reaches 272.23 million people. Still, 6.35 thousand people in Central Java adhered to the Faith in the same year, equivalent to 0.02% of 37.23 million people. This study analyzes the facts of discrimination in educational services experienced by adherents of the Faith. In this research process, the type of juridical-empirical research is used. This type of research examines legal materials as well as factual data in the community. Based on the provisional facts presented, the author hypothesizes that discrimination in educational services experienced by adherents of the Faith has existed for a long time. Since independence, followers of the Faith have not received education services equivalent to devotees of the six-state religions. Before the issuance of Permendikbud No 27/2016, there were cases of refusal to register for school, not up a grade, being forced to take religious lessons. Some were forced to choose one religion to take the national exam.  After the issuance of the Minister of Education and Culture, adherents of the Faith still experience various obstacles in obtaining educational services. The availability of teachers (penyuluh) and the column of Faith in online report cards (e-report) is still a problem in educational services for Faith followers. It is necessary to strengthen regulations and implementation so that the fundamental rights of education mandated by the constitution are also felt for Faith believer groups in Indonesia.
THE CRIMINAL LAW POLICY IN THE COUNTERMEASURES OF ANARCHIST DEMONSTRATION IN INDONESIA sukriandi sukriandi
Journal Philosophy of Law Vol 2, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.208 KB) | DOI: 10.56444/jpl.v2i2.2313

Abstract

Everyone has the right to freedom of expression, where the opinion referred to can be expressed either in writing or in the form of a statement in public. For an opinion expressed in public, one of them is by using a method in the form of a demonstration. Demonstrations in everyday reality often cause problems at the level of implementation. However, it is guaranteed in our constitution, the procedures and implementation of demonstrations often hurt the spirit of democracy itself. Demonstrations often turn into anarchic actions and violate the social order that has been built in society. As stated in the facts, the number of anarchic demonstrations has resulted in a lot of material and immaterial losses, where the safety of the residents around the demonstration site is not guaranteed. This is very contrary to the purpose of democracy as the basis for the demonstration, so it is necessary that if there is a policy formulation in overcoming demonstrations carried out in anarchism
THE PRESIDENT’S AUTHORITY IN THE APPOINTMENT, TRANSFER, AND DISMISSAL OF CIVIL SERVANTS IN DEMOCRACY IN INDONESIA M. Najibur Rohman
Journal Philosophy of Law Vol 2, No 1 (2021)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (572.718 KB) | DOI: 10.35973/jpl.v2i1.2587

Abstract

The purpose of writing this article is to analyze the president’s authority in the appointment, transfer, and dismissal of Civil Servants after the issuance of Government Regulation Number 17 of 2020 concerning Amendments to Government Regulation Number 11 of 2017 concerning Management of Civil Servants. In this latest policy, the president is stated to withdraw the delegation of authority if the bureaucracy is not run based on a system of merit and professionalism. This policy has sparked debate because the change is seen as an attempt to dominate and hegemony of the government over the bureaucracy through the creation of undemocratic laws. There are fears that the bureaucracy will become a political tool that will keep it from its primary public servant goal. This research is part of normative legal research (normative research) or doctrinal legal research with a statutory, case, and conceptual approach. The study findings show that constitutionally the president’s authority to withdraw the delegation of authority in the appointment, transfer, and dismissal of civil servants has indeed been based on the provisions of the law where the president is the holder of government power. Still, with this regulatory change, presidential power has become more dominant. It opens up opportunities for conflict of interest to intensify in the administration of the bureaucracy so that it is not in line with democratic values.

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