JILS (Journal of Indonesian Legal Studies) 2020-07-03T01:48:10+00:00 Dani Muhtada Open Journal Systems <p style="text-align: justify;">JILS (Journal <em>of </em>Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (<strong>Print ISSN&nbsp;<a href=";1478763000&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1584</a></strong>, <strong>Online ISSN&nbsp;<a href=";1478762815&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1592</a></strong>). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.</p> Water, Globalization, and Liberalization 2020-05-09T13:41:13+00:00 Ari Shoviani Rodiyah Rodiyah <p class="BasicParagraph" style="text-align: justify; line-height: normal;"><span class="tlid-translation"><span lang="EN-GB" style="font-size: 13.0pt; font-family: 'Californian FB',serif;">Privatization, liberalization and globalization of water resources in Indonesia has become a complicated problem. In one hand, it will increase the economic values and investment but in the other hands it is contrary with the 1945 Constitution. Indonesian Water Resources Act has raised polemics and complaints from many parties, so that the proposed judicial review to the Constitutional Court. Finally, the Court cancelled this Act. This research is intended to analyse and describe the implementation of Water Resources Act that has been cancelled by the Court in the context of Friedman Theory, especially in Semarang City. The research emphasized and highlighted that the exploitation of water resources, as well as privatization and liberalization is not allowed by the 1945 Constitution. </span></span></p> 2020-05-04T04:08:23+00:00 ##submission.copyrightStatement## The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes 2020-05-09T13:44:03+00:00 Ivan Ndun Yohanes G. Tuba Helan Umbu Lily Pekuwali <p>Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts.&nbsp; In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Deprivation of Inmates in Conducting Imprisonment and Guidance in Penitentiary on Victimology Perspective 2020-05-09T13:45:47+00:00 Angkasa Angkasa <p>Prisoners who undergo imprisonment tend to experience 5 (five) types of deprivation, deprivation of liberty, deprivation of goods and services, deprivation of heterosexual relationships, deprivation of heterosexual experiences, deprivation of liberty deprivation of autonomy, and deprivation of security. The research was conducted with a sociological juridical approach with a sample of Cipinang Class I Correctional Institution research sites and Banjarmasin Class II Correctional Institution as a correctional facility with prisoners' occupancy levels in excess of available capacity (overpopulation). In conditions with very high percentage of overpopulation, deprivation in the perspective of victimization has created victims in this case individual prisoners are caused because the Ministry of Law and Human Rights in this case the prison has carried out policies and actions that are not in accordance with existing provisions especially related to several provisions of Article 12 of the Republic of Indonesia Law No. 12 of 1995 Concerning Corrections, as well as the 4 (four) principles of the 10 (ten) Correctional Principles as stipulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 11 of 2017 About the Grand Design Overcrowded Handling in State Detention Centers and Penitentiaries. Efforts to reduce the existence of overpopulation or overcrowded that can cause victims of human rights violations for prisoners have been carried out through the Minister of Law and Human Rights Regulation of the Republic of Indonesia Number 11 of 2017, but not yet effective.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Regional Financial Transparency Towards Independence of Development and Good Governance 2020-05-06T14:35:24+00:00 Eka Pala Suryana Miftahul Akla <p>The development of technology makes the era of information openness become one of crucial issues, especially in modern technology and globalization. The modernization and globalization also affected to government management which the e-government system is one of the obligatory things. This research analyzed and describe a comprehensive picture concerning to transparency in regional financial sectors. This research tried to seek how the implementation of regional financial transparency can support the concept of good governance in Indonesia. The research emphasized that on implementing the financial transparency, the community roles have a strategic position, as well as for NGOs and community groups. They directly affected to the successful of financial transparency in regional.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Relevance of Criminal Law Formulation in the Law of Domestic Violence Elimination in Indonesia 2020-07-03T01:48:10+00:00 Dewi Setyowati Emmilia Rusdiana <p style="text-align: justify;">Violence Against Women is becoming more and more with specific domestic violence, as well as the cause hidden behind divorce. The issue of domestic violence is arranged by The Law Number 23 of 2004 on The Elimination of Domestic Violence which contains a summary of criminal act in Article 44 to Article 53. This study attempts to analyze the philosophy of regulation of domestic violence in Indonesia and the political law of the law number 23 Year 2004 on the elimination of domestic violence is related to the principles in the formulation of criminal law. This research is a normative legal research, and was obtained by studying documentation, discussion, and literature study and with collection data is literature study and analyzed prescriptively. The authors believe that the household paradigm that is in accordance with the objectives of this law is to realize the integrity of households, and it implies the formulation of criminal law is not appropriate, so it is a manifestation of overcriminalization/ penalization.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Final Income Tax: A Classic Contemporary Concept to Increase Voluntary Tax Compliance among Legal Professions in Indonesia 2020-05-09T13:53:07+00:00 David Tan Lu Sudirman <p>Legal profession such as advocate, law consultant and civil law notary is a profession in law that plays a dominant role in providing legal services to the Indonesian public. By providing the legal services, they are entitled to receive honorarium in return. Empirical facts actually show that these legal professions’ tax compliance are still lacking. Main questions in this research are the legal aspects related to income tax on honorariums received by legal professions in connection with the legal services they provide and the concept of reconstruction to the laws and regulations related to income tax on honorarium received by legal professions. This research will answer the legal aspects related to the laws on income tax on these legal professions’ honorarium in Indonesia and the concept of reconstruction of the regulations related to income tax on these legal professions’ honorarium so that it may provide positive impetus to the legal profession’s tax compliance, and in turn contributes to the welfare of the nation. This normative juridical research approach is conducted using secondary data consisting of primary, secondary and tertiary legal materials. The aspects of the reconstruction are using the philosophical, constitutional and juridical paradigmatic studies with the Utilitarianism Theory by Jeremy Bentham, Progressive Legal Theory by Satjipto Rahardjo and Legal System Theory by Lawrence M. Friedman as basis of analysis. The results of this study found that there is a concept of contemporary reconstruction to the laws and regulations related to the income tax on honorarium received by legal professionals.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Criminal Policy of Adultery in Indonesia 2020-05-09T13:33:56+00:00 Anis Widyawati <p>Judge courage needed in deciding adultery cases in article 284 of the Criminal Code for perpetrators who have not been bound by marriage, the judge can apply based on the 1945 Constitution and the Law on Judicial Power, which states the source of law is not only the Law (expansion of the principle of material legality) but can also source from code that lives in the community (customary law). This research is intended to analyze and describe the penal policy (criminal law policy and politics of criminal law) concerning adultery in Indonesia. This research uses normative legal research, where the Author analyze and compare all laws and regulations concerning to adultery in Indonesia and some theories of adultery in global context. This paper emphasized that adultery not only against religious values but also customary values (customary law). The formulation of adultery concept in Indonesian Penal Code affected by religious teachings and national ideology of Pancasila.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## The Constitutional Court Ultra Petita as a Protection Form of Economic Rights in Pancasila Justice 2020-05-10T16:45:38+00:00 Emy Hajar Abra Rofi Wahanisa <p>Social justice concept has been clearly emphasized at Pancasila (the five fundamental values of Indonesia) as one of common values of Indonesia society. Pancasila also recognized as the philosophical <em>grondslag</em> which makes Pancasila as a reference of all Indonesian citizens and State Action, including in governance. The concept of social justice in Pancasila implies that any natural resource management that has the potential to prosper and affect the Indonesian people as a whole must be controlled by the State as well as used for the greatest prosperity of the people. This paper is intended to analyze, describe, and examine the Constitutional Court Decision concerning to social justice especially in terms of economic rights. This paper discusses various decisions of the Constitutional Court that are <em>ultra petita</em>. This paper illuminated and highlighted that in two Constitutional Court Decisions on Water Resources and the Decision on the Electricity Law and the Water Resources Law of the Constitutional Court in its decision to make an <em>ultra petita</em> decision by canceling the entire two laws, because that the article being tested is the heart of the law, thus seriously affecting the implementation of other articles in the law. Therefore, with the <em>ultra petita</em> decision, in the future, the Constitutional Court is expected to be more progressive and responsive in seeing the problems that occur, especially related to the basic economic needs of the Indonesian people. Because the Constitutional Court is the guardian of the constitution whose main function is to maintain Indonesia's highest legal order (constitution).</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Obstruction of Justice in Corruption Cases 2020-05-11T12:59:58+00:00 Deni Setya Bagus Yuherawan <p>The purpose of this article is to analyze the investigation authority of the Corruption Eradication Commission (KPK) on the counteraction case of corruption justice process. The reason for the writing is the existence of different interpretation of the authority of the KPK Investigator to conduct an investigation on the counteraction case of justice process in Article 21 of Law No. 31 of 1999 concerning Eradication of Corruption Law junto Law No. 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication of the Corruption (the Law of Corruption Act). The analysis method of the problem formulation applies Grammatical Interpretation, Systematic Interpretation, and Teleological Interpretation. The legislation analyzed, besides the Anti-Corruption Law, is the Decree of the People’s Consultative Assembly of the Republic of Indonesia Number XI / MPR / 1998 concerning State Administrators that are clean and free of corruption, collusion, and nepotism; also Law Number 30 of 2002 concerning the Corruption Eradication Commission junto Law Number 10 of 2015 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2015 concerning Amendments to Law Number 30 of 2002 concerning the Corruption Eradication Commission. The conclusion of this article is that the KPK Investigator is not authorized to conduct an investigation on the counteraction case of corruption justice process.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Constitutional Amendments: Making, Breaking and Changing Constitutions (2019). Oxford: Oxford University Press, 338 pages, ISBN 9780190640484 2020-05-11T13:19:14+00:00 Bisariyadi Bisariyadi <p>When a constitutional judge willing to spend his time to give a review to a book, it is a great sign that the book has some appeals to offer. Yet, the book that is currently will be reviewed is not only discussed by one but two constitutional judges. At the end of November 2019, two constitutional judges, Saldi Isra and I Dewa Gede Palguna, discussed a book entitled “Constitutional Amendment: Making, Breaking and Changing Constitutions” written by Richard Albert. The attention to the book did not only appear in Indonesia. In the author’s origin, North America, the book received great acknowledgment from a wide range of legal and political scholars whom people often used to reference their works. Distinguished names like Bruce Ackerman, Tom Ginsburg, Ran Hirschl, Vicki Jackson and Mark Tushnet, encourage audiences to have a close examination of this recent Richard Albert’s publication. Richard Albert, himself, is not a foreign name to political science communities, as well as constitutional law academics. Albert is one of the founders and editors of the International Journal of Constitutional Law (ICON). The book offers two distinct novelty as its strength. First, the book raised a very important issue in the constitutional discourse but rarely been discussed. the second strength of Albert’s works is his mastery in capturing the constitutional amendment process in many countries around the globe and mapping them as well as structuring their similarities.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## Understanding the Contents of Indonesian Civil Law: A Book Review Perkembangan Hukum Perdata di Indonesia, Sudikno Mertokusumo, Genta Publishing Yogyakarta, 2019, 206 Pages, ISBN 978-602-0757-08-7 2020-05-11T13:50:02+00:00 Reyhan Nabillah Azhari <p>The Book titled is <em>Perkembangan Hukum Perdata Di Indonesia (Development Of Civil Law In Indonesia). </em>Written by Sudikno Mertokusumo, SH., MS. Published by GENTA PUBLISHING in 2019 and this book is the First Printing. The book mainly talk about How far is the Civil Law Evolve from times to time in Indonesia.</p> 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement## The Complicated Conditions on Indonesian Law Enforcement: A Book Review Kumpulan Catatan Hukum, Dr. Reda Manthovani SH LLM, Bhuana Ilmu Populer (Kelompok Gramedia), Jakarta, 2017, 234 pages, ISBN 978-602-394-630-3 2020-05-11T14:16:40+00:00 Nabilla Banuati 2020-05-04T00:00:00+00:00 ##submission.copyrightStatement##