The Indonesian Journal of International Clinical Legal Education
The Indonesian Journal of International Clinical Legal Education starting in 2024 migrates to better secure from various unwanted things, including journal hacking and so on. To submit, the author please visit the new website page of our journal at the link https://journal.unnes.ac.id/journals/iccle MIGRATION OFFICIAL STATEMENT HERE The Indonesian Journal of International Clinical Legal Education (ISSN 2721-8368, also see ROAD DATA) is a double-blind peer-reviewed journal published by the Faculty of Law Universitas Negeri Semarang. Indonesian J. Int'l Clinical Leg. Educ. publishes articles (Original Research Article, Review Article, Book Review, Notes) every three months each year (Quarterly) on March, June, September, and December. The Journal published articles exclusively in English and Bahasa Indonesia. Indonesian J. Int'l Clinical Leg. Educ. is expected to be a forum for the development of clinical legal education for academics, practitioners, researchers, policymakers, and the public. This journal has established a number of expertise collaborations, both with a number of legal aid institutions, law offices, and clinical legal education associations in Indonesia. The journal also supported and supervised by Law Clinics at Faculty of Law Universitas Negeri Semarang, such as Anti-Corruption Law Clinic, Women and Gender Law Clinic, Human Rights Clinic, Employment Law Clinic, Land Law Clinic, Statutory Law Clinic, Environmental Law Clinic, and some Research Centers. Abstracting/Indexing: DIMENSIONS | SINTA | GARUDA Title : Indonesian Journal of International Clinical Legal Education Editor in Chief : Prof. Dr. Rofi Wahanisa, S.H., M.H. (Scopus ID 57214806620) ISSN : 2721-8368 (Online) DOI Prefix : 10.15294/ijicle Publisher : Faculty of Law Universitas Negeri Semarang Frequency : Quarterly (March, June, September, and December)
Utilitarian Justice in the Decision of the Land Exchange Agreement: A Case Study of Decision Number 241/Pdt.G/2016/Pn.Smn Reviewed from the Post-Positivism Paradigm
The Sleman District Court Decision Number 241/Pdt.G/2016/PN.Smn, which recognizes the validity of non-formal land exchange agreements, constitutes a significant case for understanding the realization of substantive justice beyond a positivistic legal framework. This study analyzes the decision using Jeremy Bentham’s utilitarianism approach within the post-positivist paradigm developed by Guba and Lincoln. Employing a normative legal research method with a case-based analytical approach, this research demonstrates that the judges did not merely assess the formal legality of the agreement but also took into account social consequences, practical benefits, and empirical realities existing within the community. Utilitarianism is applied to evaluate the extent to which the decision maximizes overall happiness and minimizes suffering for the disputing parties as well as society at large. Furthermore, post-positivism provides an epistemological framework that conceptualizes law as a contextual, non-final, and socially constructed phenomenon open to reinterpretation. The findings suggest that this combined approach yields a more responsive, flexible, and socially meaningful form of justice, while also generating significant methodological implications for research on non-formal agreements, particularly through the use of qualitative methods, data triangulation, and hermeneutical interpretation.
Copyright (c) 2025 Muhammad Syahri Ramadhan , Yuli Prasetyo Adhi, Rahayu Fery Anitasari (Author) https://creativecommons.org/licenses/by-sa/4.0
A Legal Review of Roasting Actions by Comedians from the Perspective of Positive Law on Reputation Protection in Indonesia
This study examines the legal implications of roasting in stand-up comedy from the perspective of Indonesian positive law, particularly in relation to the protection of reputation, dignity, and honor. Roasting, as a comedic technique involving satirical criticism often directed at public figures, raises legal concerns when it potentially infringes upon the personal rights of those being criticized. This research employs a normative-dogmatic legal method using legislative and conceptual approaches to analyze the applicable legal framework, including the Criminal Code (KUHP), the Law on Information and Electronic Transactions (UU ITE), and the Personal Data Protection Law (UU PDP). The analysis is grounded in legal protection theory and the principle of legal utility, emphasizing that while freedom of expression constitutes a fundamental human right, it must be balanced against the rights to privacy and reputation. The findings indicate that defamation under Indonesian law constitutes a complaint-based offense, whereby legal proceedings may only be initiated upon a report by the injured party. Consequently, roasting conducted with the explicit consent of the subject, supported by a prior agreement regarding content and delivery, does not constitute an element of a criminal offense. This study proposes the use of written contracts between comedians and their subjects as a preventive legal mechanism to ensure legal certainty and minimize potential disputes. Ultimately, the study concludes that roasting, when appropriately regulated and based on mutual consent, can coexist with legal norms safeguarding individual dignity, thereby harmonizing freedom of expression with the right to reputation.
Copyright (c) 2025 Joshua Evandeo Irawan, Annabella Marcella Geraldine Kandou, Andrew Johnathan Setia, Sari Mandiana (Author) https://creativecommons.org/licenses/by-sa/4.0
Interpretation, Inclusiveness, and Ambiguity: A Critique of Rule Design in Modern Legal System
This paper analyzes three critical concerns in the formulation of contemporary legal regulations: the propensity for over- or under-inclusiveness, ambiguity in application, and interpretive difficulties. This study utilizes a normative-doctrinal legal methodology within an interdisciplinary framework, incorporating jurisprudence, legal linguistics, and regulatory theory, to argue that rules function not solely as normative instruments but as socio-linguistic constructs shaped by power dynamics and interpretive communities. The intrinsic abstraction and prescriptive characteristics of legal language led to ambiguity and practical uncertainty. This paper challenges the formalistic assumptions inherent in traditional rule-making through a conceptual examination of the difference between rules and standards and a multidimensional exploration of rule typologies, including legal status, language structure, and normative power. The research moreover suggests strategic methods to enhance regulatory efficacy and flexibility, including the formation of interpretative communities and the implementation of goal-oriented regulatory frameworks. The findings seek to enhance the development of regulatory systems that are contextually adaptive and normatively consistent, providing insights for improved legal rule formulation in evolving social contexts.
Copyright (c) 2025 Muhamad Pelengkahu (Author) https://creativecommons.org/licenses/by-sa/4.0
Revolutionizing Society through Pancasila-Based Legal Education with Street Law (Case of Indonesia)
This paper explores the revolutionary impact of integrating Pancasila-based legal education with the Street Law model on Indonesian society. Pancasila, Indonesia's foundational philosophy, serves as a guiding framework for legal education, while the Street Law model provides a practical, experiential learning approach. Through a meticulous case study focused on Indonesia, the research investigates the nuanced ways in which this innovative educational combination contributes to transformative societal changes. The study analyzes the influence of Pancasila-inspired legal education on shaping societal norms, values, and fostering legal awareness. By delving into specific instances and outcomes within the Indonesian context, the research illuminates how this integrated approach cultivates a deeper understanding of legal principles and ethical considerations among the populace. The findings not only highlight the success of this educational model in enhancing legal knowledge but also underscore its broader impact on social dynamics. This paper contributes valuable insights into the potential of Pancasila-based legal education with the Street Law model to revolutionize traditional legal teaching methods and, in turn, foster positive societal advancements within the unique cultural and legal landscape of Indonesia.
Copyright (c) 2025 https://creativecommons.org/licenses/by-sa/4.0
Addressing Juvenile Protection Discrepancies: A Study on Legal Safeguards and Challenges against Sexual Abuse by Educators in Seluma Regency
Law Number 11 of 2012, commonly referred to as the Juvenile Criminal Justice System Law, stands as a legal framework designed to safeguard children entangled in legal conflicts. Its primary objective is to secure a promising future for these children, facilitating opportunities for identity development that fosters independence, responsibility, and constructive contributions to themselves, their families, society, and the nation. Despite the existence of these legal safeguards, their efficacy often encounters challenges within the intricate dynamics of social life. This disjunction is particularly conspicuous in institutional environments such as schools, where the assurance of safety is not guaranteed. Disturbingly, statistical data compiled by the PPA Unit of the Criminal Investigation Unit of the Seluma Police spanning from 2019 to 2021 reveals a disconcerting prevalence of eight cases of sexual abuse perpetrated by teachers against their students. A poignant instance unfolded in Talang Alai Village, Kec. Air Periukan District, wherein a child named RA became a victim of molestation by an individual identified by the initials AI on August 18, 2019. In response to these distressing occurrences, this research endeavors to formulate strategies for addressing criminal acts of sexual abuse committed by teaching staff in Seluma Regency. The study aims to meticulously scrutinize and analyze the prevalence of such crimes, providing scholarly insights into the harsh reality of sexual abuse committed by teaching staff in this specific region.
Advancing Legal and Policy Strategies for Expeditious Geothermal Energy Integration: A Path towards Clean Energy and Energy Security in Indonesia
This paper delves into the imperative task of advancing legal and policy strategies to expedite the integration of geothermal energy, thereby fostering a pathway toward clean energy and energy security in Indonesia. Recognizing geothermal energy as a renewable and environmentally friendly resource, the research underscores Indonesia's rich potential in this regard. Despite the commitment evidenced by the 2021-2030 Electricity Supply Business Plan (RUPTL) and Presidential Regulation No. 112/2022, the study identifies persistent challenges hindering the swift development of geothermal energy in the country. Employing a normative legal research method, the study scrutinizes the application of legal norms within positive law. Through an extensive literature review, the research highlights key obstacles and suggests crucial legal and policy interventions for overcoming them. The findings emphasize the need for ongoing energy regime stabilization, and the provision of incentives such as governmental support for exploration, fiscal incentives, and low-cost financing schemes for geothermal projects. The paper advocates for a comprehensive approach to address these challenges, recognizing the pivotal role of legal and policy frameworks in propelling sustainable development. By delineating effective strategies, this research contributes to the discourse on transitioning Indonesia towards clean energy alternatives, ensuring energy security, and mitigating the environmental impact of traditional energy sources.
Developing the Framework for a Green Constitution: Strengthening Environmental Protection Initiatives in Indonesia
The current global environmental crisis occurs due to various factors, such as failed policies, destructive technologies, and lack of political commitment. To address these issues, the green constitution approach has emerged as an effective solution. However, Indonesia has not fully implemented the concept of a green constitution. This research uses a normative legal research method with comparative, conceptual, and statutory approaches. Data is obtained from a literature study of national and international regulations, books, articles, and scientific journals. Through a comparative study with Ecuador and France, the results show that Indonesia has the potential to integrate environmental principles that have been integrated into the constitutions of these countries. Ecuador, often referred to as "The Real Green Constitution," explicitly recognizes the rights of nature and regulates preventive measures against environmental damage. In France, the Environmental Charter has been integrated into the constitution, affirming the need for wise management of the environment and a balance between protection and utilization of natural resources. Indonesia can learn from these two countries in applying the concept of a green constitution and integrating environmental principles into its constitution in order to strengthen environmental protection, promote sustainable development, and help address the impacts of climate change. The resulting recommendation is an amendment to the constitution to further incorporate environmental principles as part of the main elements in the constitution.
Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia
This research aims to analyze the application of the "in dubio pro natura" principle in Indonesia. This principle translates as "in doubt, for nature" and emphasizes the importance of protecting nature and the environment in making legal decisions. This scientific research uses one of the parts of the grand method, namely Library Research which is based on literature or literature. The author uses several references as legal materials to analyze the object of writing. The results show that the application of the principle of "in dubio pro natura" is the foundation of the application of the concept of the precautionary principle that has entered the Indonesian legal order since the enactment of Law Number 32 of 2009, this principle is in line with the principles of environmental equity, bio diversity and polluter pays principle. In addition, this principle in Indonesia still faces challenges in its application. Several factors affecting the application of this principle in Indonesia include inconsistent government policies in environmental protection, lack of public understanding and awareness of the importance of nature conservation, and shortage of human and technical resources in environmental law enforcement.
Identification of Conflict Resolution in Civil Relations between Boarding House Owners and Boarding House Residents (Study at Semarang State University Campus Circle)
This study aims to investigate conflict resolution between residents and boarding house owners in civil relations near the Semarang State University campus. Utilizing a mixed-methods approach, combining normative juridical research with empirical field data, the research discovered that the majority of conflicts are resolved through non-litigious channels. The legal framework for out-of-court settlements aligns with Law No. 30 of 1999 on Alternative Dispute Resolution. Notably, the civil relationship dynamics around the UNNES campus involve a lease agreement between property owners and tenants, whether formalized in writing or conveyed orally. The study sheds light on the prevalence of non-litigation methods in resolving conflicts, emphasizing the significance of alternative dispute resolution mechanisms. This research contributes valuable insights into the legal aspects of the landlord-tenant relationship, providing a nuanced understanding of the complexities in civil relations within the context of university campus housing.
Participatory Rural Appraisal as a Legal Education for Prevention of Trademark Infringement (Case of Bandungan, Central Java, Indonesia)
Trademarks play a crucial role in protecting the intellectual property rights of businesses and individuals. However, in rural and remote areas, awareness of trademark infringement and the legal mechanisms to prevent it may be limited. This study explores the use of Participatory Rural Appraisal (PRA) as an innovative approach to legal education in preventing trademark infringement, focusing on the case of Bandungan in Central Java, Indonesia. The research utilizes a mixed-methods approach, combining qualitative and quantitative data collection techniques. Through a series of workshops, surveys, and participatory activities, the study engages with the local community in Bandungan to assess their understanding of trademarks, identify potential infringement issues, and deliver legal education on trademark protection. The findings reveal that the PRA approach effectively enhances the community's awareness of trademark rights and the legal remedies available to prevent infringement. Participants actively participate in discussions, share their experiences, and collaboratively generate strategies to protect local businesses' intellectual property. Moreover, the study identifies specific challenges faced by the community in safeguarding trademarks, such as limited access to legal resources and awareness of the legal system. The research contributes to the field of legal education and rural development by highlighting the potential of PRA as a practical and community-driven method for raising awareness about trademark infringement prevention. It underscores the importance of tailoring legal education programs to the specific needs and contexts of rural communities, ultimately empowering them to protect their intellectual property rights and foster economic development.
Likelihood of Addressing People's Tenurial Problems at State Own Enterprise Assets
This qualitative study aimed to describe potential settlements of community's land problems on state-owned enterprises’ assets. To this end, a qualitative approach was applied. Data were garnered by reviewing literature from journal articles, online media, regulations, and reports relevant to the research topic. Data were analyzed using an interactive model comprising data collection, data reduction, data display, and drawing of conclusion. The finding revealed a number of land-related problems in SOEs’ assets. The first problem is related to people's one-sided occupation of SOEs’assets, people’s one-sided occupation of the past land, dual certificate issues between the government and the community, dual recordings between SOEs and Regional government, and customary land claim upon the state’s land. Efforts in resolving these issues also face high barriers, including hindrances in object write-off and subject nomination, inefficient court-based conflict settlement, the bad precedent of SOEs’ asset release, and an indication of post-certification trades. In this regard, some potential settlement mechanisms were proposed, including the release of fixed assets by reducing the state’s equity capital, asset utilization cooperation, the granting of land rights upon the Right of Management, and other agreement-based options. This study's findings gave implications for future policies related to the settlement of SOEs’ land problems.
Criticize the Legality of the People's Republic of China Claims the Nine Dash Line under International Law
This study aims to find out and analyze the legality of the PRC's claim to the Nine Dash Line based on the historical claim of the PRC's Traditional Fishing Right in the South China Sea (SCS) from the perspective of international law sourced from the United Nations Convention on the Law of the Sea 1982 and PRC efforts to defend their claims in the SCS from countries with both claims and interests. This type of research is normative legal research using the Statute Approach and the Conceptual Approach. This study concludes that if you look at UNCLOS 1982, the PRC's claim to the Nine Dash Line cannot be maintained as a territorial claim because UNCLOS 1982 does not regulate how to determine the baseline based on historical claims, and according to UNCLOS 1982 handles the drawing of the baseline in 3 ways. Then, the PRC, in defending its claims, used various means such as the military occupation of uninhabited islands, increased military force, and deployment of ADIZs. In addition, the PRC also divided ASEAN in taking a stand on the SCS dispute.
The Urgency of Reviewing the Revocation of the Sea Sand Export Ban Policy
The lifting of the ban on the export of sea sand is a policy that impacts marine ecosystems and coastal communities. Protecting the environment is part of the state's obligation, which is also the right of every citizen. Unwise management of natural resources has a significant impact on environmental balance. In this case, policies regarding natural resource management are in the spotlight in various countries. One of the natural resources currently getting much discussion is resources resulting from marine sedimentation, such as sea sand, which is the main ingredient used in constructing buildings and other infrastructure. The research methodology used is a normative juridical approach. This research aims to determine what regulations are in government regulations regarding the management of marine sedimentation products and the urgency of studying the promulgated policies. The research results obtained by the author are that the Government Regulation on Management of Marine Sedimentation Results, which revokes the Presidential Decree on Control and Supervision of Sea Sand Cultivation, only focuses on the administrative obligations of business actors in managing marine sedimentation products. The government must review the impact of managing marine sedimentation results on environmental sustainability.
Enhancing ADR through Collaborative Clinical Legal Education: Law Schools and BANI's Optimized Partnership in Indonesia
This article endeavors to seamlessly incorporate the teaching of Alternative Dispute Resolution (ADR) directly into the framework of Clinical Legal Education (CLE), utilizing collaboration with esteemed dispute settlement institutions, notably the Indonesian Arbitration Center (BANI) and the Indonesian National Mediation Center (PMN). The imperative for such integration is underscored by the heightened demand for skilled arbitrators and mediators, given the ubiquitous inclusion of ADR clauses in nearly every contractual arrangement. In the contemporary legal landscape where ADR clauses have become standard practice for resolving disputes arising from contractual relationships, the professional roles of arbitrators and mediators are indispensable. The significance of this initiative lies in recognizing that the success of CLE in ADR in Indonesia necessitates a fundamental shift in the mindset of the legal community. It is asserted that the conventional teaching methods, traditionally confined to the classroom, are insufficient for the cultivation of skills pertinent to amicable dispute resolution. Thus, the article advocates for the active involvement of professional arbitrators and mediators, calling for their comprehensive integration and support not only within law school curricula but also in the broader community. This transformative approach aims to bridge the practical gap between theoretical instruction and real-world application, envisioning a legal education system that produces professionals adept at ethical and effective dispute resolution in Indonesia.
Freedom of Religion and Belief in Higher Education: Between Policy and Practices
Regulation is a set of rules formed to regulate the order of social life. Regulations also regulate various lines of life including religion. Religion is defined as man's belief in the existence of God including the ordinances of worship. Freedom of religion also needs to be applied in universities as evidence of Freedom of Religion and Belief. This study aims to find out how the regulation of religious freedom in Higher Education (Semarang State University Campus Study) from the point of view of Freedom Of religion And Belief. This study used normative juridical methods. In this study, it can be concluded that the procurement of houses of worship in universities is still very rare. This is because there are no regulations or policies that regulate this matter. However, there are also several universities that already have multi-religious houses of worship, one of which is Semarang State University. The construction of the house of worship aims to strengthen religious moderation through tolerance.
Analysis of Men’s Rights as Equality Movement in 21st Century
Men's problems and interests have been neglected and marginalized primarily because of feminism's political and cultural domination. The novelty of this study is that it provides a current perspective on men's rights in the twenty-first century. The qualitative design of the research relied on semi-structured interviews. Thematic analysis was performed on the data, which included 548 participants from Australia, Indonesia, and the United Kingdom that were classified in Affiliation, ethnicity, status, and gender. The data was collected from Quora as the major source and other platforms (Reddit, Facebook, Instagram, and Twitter) as supplementary sources. The purpose of this study is not to define anti-feminism. Instead, it describes men's rights, which may be used in any scenario where gender equality is a concern. As a result, supporters of men's rights are concerned about a wide range of issues, some of which have spawned their own organizations or movement, such as the fathers' rights movement, which is particularly concerned with divorce and child custody issues. Gender roles are at the heart of many issues concerning men's rights. In conclusion, men's rights should be treated equally with women's rights to achieve gender equality, and the terms "ladies first" and "Hercules syndrome" should be abolished.
Standardization Harmonization, Consolidation, and Refinement of Draft Laws in DPR and DPD
The Purpose of this research is to find a formula for harmonizing, consolidating, and refining the concept of draft laws. Harmonization activities are based on policy formulation (regulation system) and material harmonization (substance), with the aim of adjusting the existing national legal system to the new legal system, creating a harmonious law as a positive law (harmony of law). The plural nature of the places where harmonization, consolidation, and refinement of the concept of draft laws occur are the Indonesian House of Representatives (DPR) - Committee on Legislation (Baleg), the Government - Ministry of Law and Human Rights (Depkumham), and the Regional Representative Council (DPD) - Committee on Legislation and PPUU. This makes the practice of harmonization have different interpretations from each institution, which highlights the need for agreement among these institutions in determining standardization in harmonization, consolidation, and refinement of the concept of draft laws. Furthermore, an analysis is needed to determine the appropriate time for harmonization, consolidation, and refinement of the concept of draft laws, whether it should be done before submitting the bill as is currently done, or after discussions are completed, or both before and after. Therefore, it is necessary to investigate the effectiveness of the implementation of the activities of harmonizing, consolidating, and refining the concept of draft laws to minimize the filing of judicial reviews at the Constitutional Court.
Preventing Theft in Kemiri Village: Collaboration Between Sectoral Police and Village Government
This study discusses the role of the village government and the role of the surrounding community in implementing an environmental protection system. The purpose of writing this article is to find out data related to security and public order in Kemiri Village. This article is descriptive review supported by qualitative data that aims to reveal the facts or reality of certain social phenomena and provide an objective description of the conditions or problems that may be encountered. Then knowing this, actually, what can the village government do in an effort or at least minimize the crime rate, especially theft in the village of Kemiri? Field data and facts were obtained directly from informants through observation, namely parties who know the information needed regarding environmental safety in the Kemiri Village environment, Kaloran District, Temanggung Regency. As a result authors find out that between the Government, The villagers and The Police cooperate to overcome the situation, but in fact not all problems in society can be solved especially concerning thievery. In conclusion the reason why there is still a crime of theft, especially in the village of Kemiri the security facilities which are inadequate and not as modern as in a big city, also some of villagers careless of their belongings and Lack of police personnel.
A Discourse of Professionalism of Advocates in Providing Legal Assistance in Indonesia
The legal profession of advocacy is a noble pursuit entailing significant responsibility, as it transcends the advocate’s personal interests, extending to the welfare of others. Advocates bear the ethical obligation to assist individuals grappling with legal challenges, particularly those who lack the means to navigate complex legal matters independently. This study employs normative legal research methods and adopts a conceptual approach to delve into the intricate facets of advocate professionalism. The core tenet of advocate professionalism lies in providing legal assistance without charge, guided by a conscientious commitment that transcends any form of discrimination. The efficacy of such pro bono assistance becomes a key metric in evaluating an advocate's professional integrity and societal impact. Despite the commendable nature of this endeavor, various obstacles impede its seamless implementation. By assessing the effectiveness of free legal aid, this study seeks to unveil the true extent of an advocate's contribution to society. It explores the challenges and nuances involved in delivering legal assistance without monetary compensation, shedding light on the delicate balance between professional commitment and practical hindrances. Ultimately, this research aims to provide insights that enhance the understanding of advocate professionalism, emphasizing its crucial role in ensuring equitable access to justice for all segments of society.
Preventing Theft with Aggravated Circumstances: Role of Samapta Unit of Brebes Police Department
The purpose of this study was to analyze the implementation motorcycle patrols to prevent aggravated theft. This study used a qualitative approach with a field research method. The data was collected through interviews, observation, document study, while the data validity used data triangulation. This study found that aggravated theft was a prominent case in Brebes. The role of motorcycle patrol in preventing theft was not yet optimal because there were deficiencies in each stage of patrol management based on Chief of Security Mantainance Agancy Regulation (Perkabaharkam) No. 1 of 2017 and management theory. All the stages were affected by a shortage of personnel and some stages that were conducted only for formality. Through the six main management factors, there are supporting and inhibiting elements in the realization of the role of patrol. Patrolling plays an important role in preventing aggravated thefts. This research found influencing factors and proposed strategies to optimize motorcycle patrols in preventing aggravated thefts in Brebes Police jurisdiction. With the increasing number of thefts, the role of motorcycle patrol by Police Patrol Unit is needed. This research highlighted the need for improved bureaucracy in Police Patrol Unit, equal distribution of personnel according to the required number of personnel (DSP), development trainings on patrols, revision of standard opreating procedures on motorcycle patrols and crime mapping on aggravated thefts.
Strengthening Cooperation between TNI and Polri in Improving Law Enforcement Performance in Indonesia
Law enforcement, encompassing various facets, constitutes a professional domain. The attainment of the title police officer mandates individuals to undergo comprehensive training and education, acquiring intellectual, theoretical, and technical proficiency. Upon completion, they integrate into a structured organization, adhering to specific disciplines and a code of ethics outlined by the profession itself. Crucially, a commitment to public service is a fundamental tenet upheld by all members of the police profession. This study employs an empirical juridical approach to investigate the legal principles governing the Indonesian National Police (TNI-Polri). The empirical juridical method is employed to analyze the applicable legal frameworks, particularly those pertaining to the TNI-Polri. The endeavor to enhance the professionalism of the Indonesian National Police involves strategic, organizational, and programmatic levels. Challenges encountered in this pursuit include the prevalence of negative public perceptions towards the National Police, as well as constraints related to budgetary limitations and inadequate infrastructure for implementing cooperative strengthening programs.
Strain Theory Analysis on Wild Racing Cases in Indonesia: Legal and Criminological Aspect of Crime
This study delves into the application of strain criminology theory in the realm of wild racing, aiming to unravel the intricate dynamics that drive individuals to participate in this phenomenon. Strain theory posits that criminal behavior can emerge from the stress resulting from a disjunction between societal goals and available resources. In the context of street racing, this theory provides a lens through which to understand how individuals facing economic, social, or emotional pressures may find an outlet in engaging in illicit racing activities. Through a comprehensive secondary data analysis, incorporating case studies and relevant literature, this research endeavors to shed light on the role of strain criminology theory in the manifestation of wild racing. By examining various instances and drawing on existing knowledge, the study seeks to elucidate the underlying factors that contribute to the allure of street racing under conditions of strain. The ultimate goal is to deepen our understanding of the phenomenon and its implications for devising effective prevention strategies. The insights derived from this investigation hold significance not only in terms of academic understanding but also for practical applications in the field of law enforcement and social intervention. By grasping the nuanced interplay between strain and wild racing, policymakers and community leaders can develop targeted measures to alleviate the underlying stressors that may drive individuals towards engaging in this form of criminal behavior.
The Protection for Citizen During Outbreaks: The Emergency Status During Covid-19 in the Perspective of Indonesian Constitutional Law
The aim of this research is to contribute novel insights into the emergency measures mandated by the Indonesian government. Employing normative research without a conceptual orientation, the study delves into the transformative developments in Indonesia that have influenced the application of law, particularly in the realm of state administration law during emergencies. This involves two key components: the legal framework, encompassing constitutional and legislative provisions for emergencies, and the operational framework, which includes organizational structures and strategic plans for managing emergencies. In response to the initial developments, the government is compelled to implement a lockdown, as dictated by the principles of emergency state administration law. The execution of a lockdown necessitates resolute action and collaborative efforts from all stakeholders. Moreover, it is imperative to impose limitations on lockdown measures through legal norms, such as a presidential decree, to prevent arbitrary exercise of power by the government. A comprehensive understanding of these dynamics is crucial for the effective functioning of the country.
Implementation of Government Regulation Number 53 of 2010 concerning Dicipline of Civil Servants: Case of Higher Education Institution in Semarang
Cases of violations of ASN discipline are like an iceberg phenomenon, the number of cases that appear on the surface/reported doesn't seem that many, but of course there are still many uninformed cases, this is a concern in itself. Even though the rules contained in Government Regulation Number 53 of 2010 have been implemented concerning PNS/ASN Discipline, cases of disciplinary violations still occur. One of the reasons for the stipulation of PP No. 53 of 2010 concerning Discipline for Civil Servants as a substitute for PP no. 30 of 1980 concerning the discipline of Civil Servants due to the demands of society for improving the performance and service of civil servants in line with the implementation of bureaucratic reforms. In addition to PP No. 53 of 2010, the State Civil Service Agency (BKN) has also prepared a replacement for PP no. 10 of 1979 concerning the evaluation of the implementation of the work of civil servants, which so far is known as DP3, namely PP No. 46 of 2014.
Preventing Religious Radicalism in Indonesian Society (Case of Gunungpati Subdistrict, Semarang City)
Acts of terror invariably commence with the cultivation of radicalism, making it imperative to implement preventive measures to curtail the proliferation of these extremist ideologies. Particularly noteworthy is the rise of social radicalism, which requires vigilant attention. The recent uptick in religious radicalism further underscores the urgency of fostering a preventive mindset. The objective of this initiative is to instill a preventive attitude among the residents of Gunungpati District in Semarang City, countering the influences of both terrorism and radicalism. Simultaneously, it seeks to offer valuable insights to the government, outlining necessary actions to provide legal protection for the people of Gunungpati District against religious sects associated with terrorism and radicalism. In collaboration with the Ats-Tsaqofah Semarang Foundation, an institution dedicated to community empowerment, particularly in the realm of religious morality development, this activity employs a combination of lecture, dialogue, and focused discussion methods. The utilization of the brainstorming method from the audience further enhances the initiative, extracting their initial knowledge about terrorism and radicalism. The anticipated outcome of this collaborative effort is the cultivation of preventive attitudes within society, acting as a counterforce against the infiltration of radical ideologies. By leveraging educational and community-based strategies, the initiative aims to equip individuals with the awareness and resilience needed to resist the allure of radicalism, thereby contributing to the overall security and well-being of the Gunungpati community.
A Facile Study concerning the Legal Issues and Challenges of Herbal Medicine in Nigeria
It is apt to state that there have been an increase and the threat of contagious communicable and non-communicable diseases within most countries and Nigeria in particular. The causes of the outbreak are a result of an unhealthy lifestyle and poor scientific laboratory management. However, in search for finding a cure, has resulted in most people relying on herbal products. In this regard, the increasing demand for the herbal products has resulted in unskilled individuals indulging in the production of herbal products. It is concerning this pharmaceutical abnormality that this study tends to utilize a hybrid method of study in ascertaining the dangers, guidelines, and legal regulations concerning poorly processed and manufactured herbal products. In this regard, the study, therefore, employs the use of a hybrid method of research to ascertain if there is compliance with international ethics and guidelines concerning herbal medicine production. An online questionnaire was sent to 313 respondents residing in Nigeria. The study, therefore, found that most individual indulging in herbal medicine production does not observe the international and national ethical guidelines concerning the manufacturing of herbal medicine. The study therefore concluded and recommended that there is a need for the Nigerian Government to through an effective legal framework and regulatory body address scientific and legal issues as it concerns the whole process involved in the production of herbal products.
The Concept of Protection for Children Victims of Bullying Based on the Indonesian Criminal Justice System and the Rules of International Law
Various national and international legal instruments have emphasized how the state should make efforts to protect children, including in cases of bullying. However, the existing regulations do not clearly define how the victims and perpetrators should be treated. This study aims to analyze and compare the concept of legal protection in cases of bullying in national and international laws. The method used in this research is a normative legal study. This method is used to analyze and compare several concepts of legal protection in cases of bullying in both national and international regulations. This study uses a comparative law study approach and a statute approach. The location of this research is not carried out through field research but through literature review and document study. Supporting data in this study were also obtained from various data on the internet and printed sources. The results of the study indicate that the state is obliged to fulfill, protect, and respect the rights of the child, is obliged and responsible in formulating and implementing policies in the field of implementing child protection, having the obligation and responsibility to provide support for facilities, infrastructure, and the availability of human resources in the implementation of child protection. guarantee the protection, maintenance, and welfare of the child by taking into account the rights and obligations of parents, guardians, or other persons who are legally responsible for the child, as well as supervising the implementation of child protection.
Good Environmental Governance Mainstreaming in Preparation for the Implementation of Carbon Trading in Indonesia
Climate change is a global problem that is often echoed. Indonesia has an obligation to reduce greenhouse gas emissions by 29%-41% in accordance with Indonesia's commitment in the Nationally Determined Contribution (NDC). The Government's initiative in reducing Indonesia's greenhouse gas emissions was then demonstrated by issuing Presidential Regulation Number 98 of 2021 which regulates the implementation of carbon economic values carried out through mitigation and adaptation efforts. One of the steps mentioned as mitigation and adaptation efforts is carbon trading. Carbon trading is the answer to the conflicting interests of pursuing a reduction in greenhouse gas emission targets as well as increasing economic growth in Indonesia. This is supported by the existence of several factors that make carbon trading a great potential in Indonesia, including economic factors, environmental factors, and legal factors. This research is a normative juridical research and uses non-interactive qualitative research methods. In this study it was found that using the principles of Good Environmental Governance (GEG) can be a solution for the implementation of carbon trading in Indonesia later. That is by using the GEG principles which include participation, accountability, transparency, rule of law, and effectiveness and efficiency. With the implementation of this principle, the Government should immediately prepare itself carefully. Furthermore, the implementation of GEG needs to be supported by strong political will. Thus, carbon trading can be carried out optimally and bring benefits to all Indonesian people.
Consultation and Mediation to Resolve Illegitimate Child Disputes by Prioritizing the Best Interest of the Child Principle
Based on the convention on children's rights, there are four categories of children's rights to realize the principle of the best interest of the child, namely the right to survival, the right to protection, the right to grow and develop, and the right to participate in expressing opinions in all matters affecting children. The right to survival of children requires the state to ensure their survival, both with a conducive environment, decent living facilities and infrastructure to access to basic needs. The principle of the best interest of the child requires child protection providers to look at and make decisions regarding the future of the child based on the child's point of view not the point of view of adults so as to reach and ensure the fulfillment of children's rights.
Model of Legal Aid Scheme Against Sexual Violence for Deaf and Speech Impaired Women with Disabilities
A case of sexual violence experienced by a deaf and speech impaired person in Makassar who was raped by three men and blackmailed into giving money worth five million with the threat that if not given, the rape video would be distributed. In this case, it is difficult for the victim to provide information when going through a criminal trial process, because most of the existing Legal Aid Institutions are not equipped with translators for people with disabilities. Seeing the various forms of problems in handling sexual violence, improvements should be made in handling cases of sexual violence for victims with disabilities: First, Legal-formal legal assistance from LBH APIK Advocates, Second, Psychological personal assistance by adult clinical psychologists from before to the end of the trial, Third, Assistance by a sign language interpreter during the trial to be able to help provide information at the trial and 4). Create a Victim Trust Fund for victims of sexual violence to meet the material and immaterial needs of victims.