JILS (Journal of Indonesian Legal Studies) http://journal.unnes.ac.id/sju/index.php/jils <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="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1478763000&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1584</a></strong>, <strong>Online ISSN&nbsp;<a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;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> Faculty of Law, Universitas Negeri Semarang en-US JILS (Journal of Indonesian Legal Studies) 2548-1584 <p>All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.&nbsp;<strong>Article copyrights are with the Author(s), the publishing copyright is with the Publisher.&nbsp;</strong>This work licensed under a Creative Commons&nbsp;<span class="cc-license-title">Attribution-ShareAlike 4.0 International</span>&nbsp;<span class="cc-license-identifier">(CC BY-SA 4.0),&nbsp;</span></p> <h3>Under the following terms:</h3> <ul class="license-properties col-md-offset-2 col-md-8" dir="ltr"> <li class="license by"> <p><strong>Attribution</strong>&nbsp;—&nbsp;You must give&nbsp;<a id="appropriate_credit_popup" class="helpLink" title="" href="https://creativecommons.org/licenses/by-sa/4.0/#" data-original-title="">appropriate credit</a>, provide a link to the license, and&nbsp;<a id="indicate_changes_popup" class="helpLink" title="" href="https://creativecommons.org/licenses/by-sa/4.0/#" data-original-title="">indicate if changes were made</a>. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.<span id="by-more-container"></span></p> </li> <li class="license sa"> <p><strong>ShareAlike</strong>&nbsp;— If you remix, transform, or build upon the material, you must distribute your contributions under the&nbsp;<a id="same_license_popup" class="helpLink" title="" href="https://creativecommons.org/licenses/by-sa/4.0/#" data-original-title="">same license</a>&nbsp;as the original.</p> </li> </ul> Cybercrime in ASEAN: Anti-Child Pornography Legislation http://journal.unnes.ac.id/sju/index.php/jils/article/view/37931 <p>Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation.&nbsp; It was found that most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.</p> Robert Brian Smith ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 277 294 10.15294/jils.v5i2.37931 Cyber Crime Management among Students http://journal.unnes.ac.id/sju/index.php/jils/article/view/34005 <p>This study investigated examined the legal correlates of cybercrime management amongst higher institution students in Nigeria with special reference to some selected tertiary institutions in Delta State, Nigeria. A correlation approach of survey research design was adopted in this study. In order to address the problem of this study, seven research questions were raised and seven research hypotheses were formulated and tested at a .05 level of significance. This study revealed that the law can provide solutions to Cyber Crime management in Nigeria. Poverty is a factor responsible for cybercrime in Nigeria. The law can promote intellectual property and ensure privacy rights. There are existing laws that adequately address challenges relating to cybercrimes. The study revealed that youths who are mostly male are the major perpetrator of cyber-crimes and the crime can be committed at any time of the day. The study found that unemployment, poverty, absence of effectual law, and corruption are the major causes of cyber-crime in the study area. Based on the findings of this study, it was therefore recommended that collective vigilance detect and report to law enforcement agencies anyone suspected to be involved in cyber-crime. The Federal Government should empower the youths in terms of job creation and regularly engage the IT organizations to develop strategies to curtail cyber-crime.</p> Ngboawaji Daniel Nte Urowayinor Kelita Esq Bribena Kelvin Enokie Onyeka Bienose ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 295 334 10.15294/jils.v5i2.34005 Religions and Legal Regimes Function in the Protection of Children http://journal.unnes.ac.id/sju/index.php/jils/article/view/38049 <p>Religion provides the basis for the protection of human rights, namely, the right to life, the dignity of the human person, and right to property, among others. Without prejudice or disrespect to other religions, this paper focuses on Christianity religion and its provisions that protect the rights of children considering their vulnerability. This research emphasized that the Holy Bible contains measures to safeguard, protect and ensure the good as well as the proper upbringing of children. Similarly, the United Nations Convention on the Rights of the Child 1989, OAU Charter on the Rights and Welfare of the Child 1990 and the Nigerian Child Rights Act, 2003 provide for the protection of rights of children. The essence of these provisions is to ensure the smooth running of society and the betterment of humanity. This paper, therefore, examines the salient provisions of the Holy Bible and legal regimes to safeguard and protect the rights and interests of children. It concludes by highlighting the significant role of laws in the protection of the rights of children. It also shows that religion plays a pivotal role in protecting the interests of children by instilling in members of the society, the needed respect for humanity and morality, which is mostly lacking in the modern era. It recommends, among other things that, government at all levels as well as religious leaders, should give priority attention to the protection of children.</p> Akintunde Abidemi Adebayo ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 335 360 10.15294/jils.v5i2.38049 Renewable Energy Regulations in Indonesia and India: A Comparative Study on Legal Framework http://journal.unnes.ac.id/sju/index.php/jils/article/view/41986 <p>Individually and collectively, climate change has become the international agenda due to global warming and unusual weather patterns. The International Renewable Energy Agency (IRENA) claims that the future world can only survive if the human civilisation takes a drastic turn towards renewable;e energy production. Besides, the pandemic COVID-19 has ventured us to revisit our behaviour towards the environment.&nbsp; Indonesia and India, being two giant economies, has promised under the Paris Climate Agreement to support the international agendas of climate change and sustainable development goals. Many countries have shown their commitment to lower their carbon emissions by using renewable energy sources significantly. Renewable energy generation opens a feasible door to attempts to combat climate change. This comparative analysis assesses the renewable energy laws and policies in Indonesia and India, as they work towards their climate change commitments (UNFCCC). This research operates within comparative qualitative methodological structures and uses secondary empirical sources. Building on similar and relative exposures, both the countries should benefit from each other and learn the legal and political implications to speed up the production of renewable energy and reduce greenhouse gas (GHG) emissions.</p> Ridoan Karim Farahdilah Ghazali Abdul Haseeb Ansari ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 361 390 10.15294/jils.v5i2.41986 Discourse on Legal Expression in Arrangements of Corruption Eradication in Indonesia http://journal.unnes.ac.id/sju/index.php/jils/article/view/40670 <p>The purpose of this research is to explain and examine the expansion of the absolute competence of the Administrative Court (hereinafter referred to as PTUN) after the Government Administration Law is promulgated and the implications of the application of the Administrative Law on legal certainty to eradicate and enforce corruption in Indonesia. This research uses a normative juridical research method and uses a statutory approach (statute approach). The results showed "that there are several forms of expansion of PTUN competencies, such as the authority that acts factually, the authority, administrative authorization, decide on positive fictitious decisions, and discretionary trials". Meanwhile, the implications of the Government Administration Law on corruption are known as corruption crimes, which are true. So, in this context, there are at least two problems, namely: “1. If the authorized court case is carried out by the state government which is submitted to the court simultaneously, to the State Administrative Court and to the District Court in a corruption case? 2. If at any time a PTUN decision has been issued stating that it is not authorized, but there is also a party who submits the case to the District Court on charges of corruption. What is the attitude of the District Court, whether to accept the PTUN decision on the case or choose to override the PTUN decision”.&nbsp; So the author is of the view that in this case there is concern that it will complicate the prosecution or eradication of criminal acts of corruption in the case of abuse of authority committed by government officials.</p> Shubhan Noor Hidayat Lego Karjoko Sapto Hermawan ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 391 418 10.15294/jils.v5i2.40670 Surveillance at Sea: Legal Aspects of Offshore Installation's Utilization http://journal.unnes.ac.id/sju/index.php/jils/article/view/38943 <p><span lang="EN-GB">As the sea possesses rich variations of resources, it also imposes threats to the security and defense interests of a nation. Oil and gas exploration is one of the most important economic activities in the sea. In Indonesia, hundreds of offshore oil and gas platforms comprise thirty percent of the total oil and gas production. This signifies the importance of their establishment to the economy. However, their potentials do not stop there. As Indonesia is comprised of a very vast water area, the surveillance system still needs improvement. The article proposes to combine these interests into manifesting a simple surveillance system in offshore oil and gas platforms to improve defense and security systems, both for maritime routes in general and also the installations. The proposal prioritizes installations that are no longer operating, shifting their functions for other beneficial means. This is supported by the current law and regulations of the sea, both at the international and national levels. The international law of the sea implies that surveillance and data collection is allowed within the jurisdictional and territorial waters, whereas national levels allow functional shifting and defense system improvement in installations as long as it is coordinated with relevant ministries.</span></p> Arie Afriansyah Salsabila Siliwangi Surtiwa ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 419 448 10.15294/jils.v5i2.38943 Bridging the Gap Between Cultural Relativism and Universality of Human Rights: Indonesia Attitudes http://journal.unnes.ac.id/sju/index.php/jils/article/view/39271 <p>Debates on the universality of human rights and cultural relativism seem to be eternal and will continue to exist as societal dynamics bring different views, concepts, and understandings of human rights and culture. However, it cannot be denied that modern international human rights law which is currently being referred to and adopted by the international community, still creates gaps in the protection of human rights. Meanwhile, the development of cultural relativism in the 20th century is quite successful in bridging the gap between the two and contributing positively to the implementation of international human rights law at the domestic level. Nonetheless, the cultural relativism approach presents critiques and challenges. By using various secondary resources, this paper begins with the concept of, debates between, and challenges of cultural relativism and universality of human rights. The paper indicates that the contribution of cultural relativism can be seen from building tolerance and protection of communal rights, the rights of marginal groups, and the optimization of domestic law when dealing with some competing’s rights. This is a good opportunity to reduce discriminatory actions against marginalized groups for maintaining tolerance and harmony in a plural society. The effectiveness of the application of "margin appreciation" in Europe should be the best practice to actualize "Asian values" or "African values" in formulating the concepts of "public morality" or "public order" clearly and precisely. The cultural relativism approach may not be used by a government to justify any human rights violation. Both of these are important considerations for Indonesia because of its ambiguous attitude in placing these two theories appropriately and purposefully.</p> Cekli Setya Pratiwi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 449 478 10.15294/jils.v5i2.39271 Legal Principle Between Concept and Content http://journal.unnes.ac.id/sju/index.php/jils/article/view/37387 <p>The article is devoted to the study of the legal nature of legal principles. The purpose of the article is a comprehensive study of the legal and social aspects of the essence and content of the legal principle as a philosophical and legal category. The methodological basis of the article is an integrative approach to the study of legal reality, which allowed us to combine general scientific and private scientific methods developed in various scientific paradigms and study the principles of law not only ontologically, but also epistemologically and axiologically, taking into account the phenomenological and communicative aspects of their content, development, and functioning. This paper emphasized that the study of legal principles not only in the legal, but also in the general social context allows us to conclude that this category is fundamental in the construction of legal reality cognitively, functionally, and normatively. The legal principle is the conventional result of legal communication. As a fundamental category of legal reality, the principle determines the nature of its analysis, interpretation, and evaluation. The scientific novelty of the article is determined by the specifics of the research methodology and the findings obtained, which allow us to determine the fundamental role of the legal principle at all levels of legal reality. The practical significance of the article lies in the ability to use the findings in the study of other aspects of the development and functioning of legal reality, as well as in generating forecasts for the development of the national legal system.</p> Oleg Yurievich Latyshev Andrei Valerievich Skorobogatov Alexander Valerievich Krasnov ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 479 500 10.15294/jils.v5i2.37387 What is the Position of Women in Law: A Book Review Women and the Law, Susan Atkins and Brenda Hoggett, Institute of Advanced Legal Studies, London UK, 2018, 284 Pages, ISBN 978-1911507109 http://journal.unnes.ac.id/sju/index.php/jils/article/view/34800 Leonardus Novena Dewangga ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-05-04 2020-05-04 5 2 501 504 10.15294/jils.v5i1.34800 Influence of Globalization Era on Business Law in Indonesia: A Book Review Pengaruh Era Globalisasi Terhadap Hukum Bisnis Di Indonesia, Dr. Edy Santoso, Kencana Jakarta Timur, 2018, 244 pages, ISBN 978-602-422-191-1 http://journal.unnes.ac.id/sju/index.php/jils/article/view/34811 Juan Anthonio Kambuno ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2020-11-01 2020-11-01 5 2 505 512 10.15294/jils.v5i2.34811