Unnes Law Journal
type: channel
description: The Unnes Law Journal (ISSN Print 2252-6536 ISSN Online 2722-4503) is a peer-reviewed scholarly journal that publishes high-quality research on Indonesian law and its interaction with regional and global legal developments. Established in 2012, the Journal aims to advance rigorous legal scholarship and promote evidence-based discourse on law, justice, and governance. The Journal focuses on theoretical, interdisciplinary, empirical, and comparative studies of law, with particular attention to legal issues that shape Indonesia’s legal system and its role within Southeast Asia. It welcomes manuscripts that analyze legal reform, institutional development, and contemporary legal challenges from diverse methodological perspectives. The scope of the Journal includes, but is not limited to: Legal theory, jurisprudence, and philosophy of law; Comparative law and Southeast Asian legal studies; Law and economics; Criminology, criminal justice, and crime studies; Legal history and socio-legal research; Gender justice and feminist legal studies; Politics, public policy, and law reform; Law, culture, and society; and Law and literature. By fostering academically rigorous and internationally relevant research, The Unnes Law Journal seeks to contribute to the development of legal knowledge, support progressive law reform, and strengthen scholarly engagement within Indonesia and the global legal community.
publisher: Universitas Negeri Semarang
language: en
publication name: Unnes Law Journal
issn: 2252-6536
copyright: All writings published in this journal are the personal views of the authors and do not represent the views of this journal or the authors' affiliated institutions. Author(s) retain copyrights under the license of Creative Commons Attribution-NonCommercial-ShareAlike 4.0 (CC BY-NC-SA 4.0).
items: Understanding Geospatial Intelligence and the Challenges of Effective Counter-Terrorism Strategy: A Case Study of Nigeria's Boko Haram Challenge
items: Determination of the Jurisdiction of Fisheries Crimes as Transnational Organized Crimes
items: Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
items: The Evaluation of Early Marriage Law Renewal in Indonesia
items: Considering the Existence of Academic Draft as the Political Instrument of Law Development
items: Indonesia's Role in Combating Terrorism in Southeast Asia
items: Public Information Dispute Resolution (Perspective of the State Administrative Court Act and the Public Information Disclosure Act)
items: The Authority of Government Officials in Delegating and Mandating
items: Controversial Criminal Punishment for Victim of the Spread of Immoral Chat
items: Supervision by the Financial Services Authority on Investment-Based Life Insurance (Unit Link)
items: Stigma, Discrimination, and Public Perception: A Relationship between Screening for Mental Emotional Disorders and Public Perception of Mental Disorders
items: The International Law Principle for People with Disabilities: Analyzing Access to Justice
items: Environmental Law and Mining Law in the Framework of State Administration Law
items: Cyber Terrorism Criminal Acts in the Perspective of Transnational Organized Crime
items: How does the government reduce unemployment? Legal Policy Analysis of the Government's Role in Strengthening SMEs in Indonesia
items: Protection of People Living Conflict A Case Study in Yemen
items: Employees' Readiness on Mutation in Higher Education Setting: A Perspective of State Administration and Employment Law
items: Legal Protection towards the Beneficiaries of PT Asuransi Jiwasraya due to Payment Defaults of the Jiwasraya Savings Plan: A Critical Review
items: Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law
items: Child Prisoners and Their Attitudes: The Capture of Child Behavior Changes in Correctional Institutions
items: Neutrality of the State Civil Apparatus in the Democratic Party of Regional Head Election (Pilkada)
items: Federalism in Nigeria: Problems and Restructuring Option
items: The Application of International Laws in Bangladesh: A Critical Evaluation
items: Technical Intelligence and Security Management within the Nigerian Territorial Waters: The Nigerian Navy Challenge
items: The Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic
items: Reconstruction of Financial Crime Investigation Methods in Law Enforcement in The Era of the Industrial Revolution 4.0
items: Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement
items: Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan
items: The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic
items: Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies

Understanding Geospatial Intelligence and the Challenges of Effective Counter-Terrorism Strategy: A Case Study of Nigeria's Boko Haram Challenge
type: item
description: Nigeria is faced with a number of security challenges that have threatened the existence of peace and security in the country. These threats to public safety and national security have greatly undermined the government primary responsibility of guaranteeing public safety and national security. The intractable challenges posed by Boko Haram makes a good case for the above assertion. This work, therefore reviews the applicability of Geospatial Intelligence and all its components and sub-field, with a view to understanding and or establishing their respective relevance in devising effective counter-terrorism strategies in Nigeria. This was done, taking Boko Haram activities between 2015 and 2018 for specific study, against the background of Geospatial Intelligence capabilities .The researchers utilised primary and secondary data sources in this work. The Primary data sources was from questionnaires administered physically and electronically via emails while Secondary data came from published books, journals, articles, lecture guides, videos etc. Acquired data was statistically analysed using simple percentage and Chi-Square statistics. Sequel to the statistical results, findings were made that Geospatial-Intelligence is relevant and remains the most potent frontier in developing effective counter-terrorism strategies against Boko Haram and indeed other similar insurgencies in Nigeria.
subject: Research Articles
  topic: section
subject: Geo Spatial Intelligence; Counter Terrorism; Boko Haram; North East; Nigeria; Strategy
  topic: keywords
creator: Ngboawaji Daniel Nte
creator: Baba Ahmadu Abdulaziz
creator: Michael Uzorka
rights: Copyright (c) 2020 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2020-10-31
publication date: 2020-10-31
starting page: 163
ending page: 186
doi: 10.15294/ulj.v6i2.38756

Determination of the Jurisdiction of Fisheries Crimes as Transnational Organized Crimes
type: item
description: The abundance of fisheries resources in Indonesian waters has made Indonesia a target of crime in the field of fisheries, this has an impact on the welfare and prosperity of the Indonesian people, especially local fishermen, the government continues to push this fisheries crime to be recognized as a type of organized transnational crime. This study aims to find out and analyze how Fisheries Crime Arrangements and the Determination of Fisheries Crime Jurisdictions are based on the provisions of organized transnational crime conventions. The research method used in this research is Normative Law Research with a legal approach, conceptual approach. And use the theory of determining the location of the crime (Locus delicti) in determining the jurisdiction of fisheries crimes. Research results show that (1) Regulations related to Fisheries Crimes both materially and formally in Indonesian law have been regulated according to the perspective of organized transnational crime, however, current fisheries laws do not cover all existing fisheries crimes. (2) in the case of determining the jurisdiction of fisheries crimes occurring in the territory of a country involving several state parties, the states parties must establish a joint investigation body. The conclusion of this research is that the laws and regulations owned by Indonesia related to Fisheries Crimes do not cover all aspects of crimes occurring in the field of fisheries and related to the determination of the jurisdiction of fisheries crimes the Indonesian government has implemented its jurisdiction based on the provisions of transnational organized crime conventions by cooperating with state parties the other.
subject: Research Articles
  topic: section
subject: Fisheries Crimes, Indonesia Water Territory, Organized Transnational Crimes
  topic: keywords
creator: Sulaiman Rasyid
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 167
ending page: 188
doi: 10.15294/ulj.v7i1.38752

Conflict Between Health Law and Territorial Quarantine Law Regarding the Provision of COVID-19 Vaccine
type: item
description: In the context of preventing the increasingly widespread Covid-19 which has claimed many lives, the Indonesian government has made various efforts to overcome this and the most recent effort is giving Covid-19 vaccinations to the public. In practice, various conflicts emerge and one of them is the conflict between Law Number 6 of 2018 concerning Health Quarantine which states that vaccines are an obligation and Law Number 36 of 2009 concerning Health which states that vaccines are a right. This type of research is juridical normative using a statutory and conceptual approach. The results of this study indicate that Covid-19 is an emergency so that the principle of non-habet legem necessity applies, which means that in a state of legal emergency it does not apply, so that regulatory conflicts regarding Covid-19 vaccination do not become a problem, because the current government's efforts are the safety of the people. the highest law in an emergency, this is also in line with the salus populi suprema et lex principle. To ensure the safety of the people, the government is obliged to make efforts to vaccinate Covid-19 to restore the situation to its original state, this is in line with the principle of restutio in integrum. In its enforcement, sanctions are needed to make the community obey. However, several regulations have different norms regarding sanctions for those who do not comply and until now there have been no specific regulations from the center regarding the provision of the Covid-19 vaccine. As a conclusion, currently giving the Covid-19 vaccine is mandatory because it is an emergency, but the government also needs to make special regulations from the center regarding vaccine administration regulations so that there are no disparities between each of the regulations from the vaccine-giving regions.
subject: Research Articles
  topic: section
subject: Criminal Law, Health Policy, Vaccine, Covid-19
  topic: keywords
creator: Yazid Bustomi
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2024-04-30
publication date: 2024-04-30
starting page: 153
ending page: 166
doi: 10.15294/ulj.v7i1.38751

The Evaluation of Early Marriage Law Renewal in Indonesia
type: item
description: The study objective is to evaluate early marriage law reform implementation compared to the five regions with the highest Indonesian cases. This research is descriptive using a literature study. The data source consists of primary data consisting of laws. 16 of 2019 and the Decree Number 22 / PUU-XV / 2017 of the Constitutional Court and secondary legal sources from books, websites, journals, theses, and other sources of information that researchers can use can be justified. The data analysis method uses content analysis from its implementation in the form of regional regulations, programs, and other local government activities in implementing legal products regarding early marriage, which have a significant impact on Indonesian people" s structure of life, such as poverty, reduced educational opportunities, reproductive health hazards, risks. The findings from the research reveal that there have been many efforts by local governments in supporting legal reform which are manifested in institutional programs, working groups and community activities as efforts to mitigate and eliminate early marriage in Indonesia. However, these efforts have not been fully successful; it is necessary to enforce the article on the sanctions on the marriage law to strengthen the law.
subject: Research Articles
  topic: section
subject: Implementation, Legal Renewal, Child Marriage
  topic: keywords
creator: Andi Hidayat Anugrah Ilahi
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 129
ending page: 152
doi: 10.15294/ulj.v7i1.38750

Considering the Existence of Academic Draft as the Political Instrument of Law Development
type: item
description: The direction of law development follows the nation's ideas or goals, which is the formulation to achieve the state's goal as contained in the Preamble of the 1945 Constitution of the Republic of Indonesia, which is to protect protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation's intellectual life, and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. This paper answers some problems, including How is the essence of academic draft in making laws and regulations in Indonesia, To what extent is academic draft's contribution as an instrument of the national development and how is the ideal concept of academic draft as the instrument of instrument the national development. The essence of academic draft is the philosophical, sociological and juridical bases of a draft of law and regulation and the assessment and harmonization function and the existence of academic draft are designed as the catalyst of a product of legislation to be made so as not to be out of the appropriate principles. Academic draft's contribution to the current national law development is felt lacking because of the newly required bill making process after 2011 through Law 12 Year 2011 concerning Formation of Laws and Regulations. Besides, academic draft is not yet capable of harmonizing and balancing every interest group in every bill discussion. In the ideal concept, the role of academic draft as the assessment and harmonization in every Bill is capable of preventing overlapping regulation or interest out of the law intervening Bill making for the regulation to remain in the real law corridor. It also needs regulatory arrangement by academic draft arranging team to maintain the objectivity.
subject: Research Articles
  topic: section
subject: Academic Draft, Development Politics, Politics of Law
  topic: keywords
creator: Herry Wiyanto
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 115
ending page: 128
doi: 10.15294/ulj.v7i1.38748

Indonesia's Role in Combating Terrorism in Southeast Asia
type: item
description: Terrorism is not a new issue but is an increasingly important issue for ASEAN countries, including Indonesia. Indonesia's involvement in the fight against terrorism is not only to fulfill its obligations as part of the international community to jointly fight terrorism, but also to fulfill its national interests. Indonesia's foreign policy in handling this issue puts forward cooperation with other countries, especially in ASEAN. Where in this study aims to know more about Indonesia's role in combating terrorism in the Southeast Asian region and to better understand the obstacles faced by Indonesia in combating terrorism in the Southeast Asian region. To achieve these objectives, this study uses a type of normative research with descriptive qualitative research methods. The data collection technique was carried out using the library research technique. Where the data comes from books, articles, journals and other documents. The results of the research show that terrorism is a security problem and a cross-border problem so that cooperation between ASEAN countries is needed to eradicate terrorism in Southeast Asia through the ASEAN Convention on Counter Terrorism. Indonesia's role in eradicating terrorism by internal and external efforts carried out bilaterally and multilaterally. Given that terrorism is a transnational crime, in Indonesia's role in eradicating terrorism there are several obstacles and challenges. This challenge relates to the principles of consensus and non-intervention, domestic conflicts as well as differences in commitments and perceptions among ASEAN countries.
subject: Research Articles
  topic: section
subject: Indonesia, Prevention, Terrorism, ASEAN
  topic: keywords
creator: Dewa Gede Sudika Mangku
creator: Ni Putu Rai Yuliartini
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 89
ending page: 114
doi: 10.15294/ulj.v7i1.38746

Public Information Dispute Resolution (Perspective of the State Administrative Court Act and the Public Information Disclosure Act)
type: item
description: The specification in the study uses a qualitative analytical descriptive approach and uses a type of doctrinal legal research with normative legal research methods on synchronization and fair legal efforts in resolving public information disputes. The results of research and discussion in the thesis are: First, contains synchronization of public information dispute settlement based on the Law of the Republic of Indonesia Number 5 of 1986regardingState Administrative Courts as amended by Law of the Republic of Indonesia Number 9 of 2004 and most recently by Law Republic of Indonesia Number 51 of 2009 with Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness. Second, it contains legal remedies that are fair in resolving public information disputes. Conclusions based on the results of research and discussion include: First, synchronizing the settlement of public information disputes based on the Law of the Republic of Indonesia Number 5 of 1986 regarding State Administrative Courts as amended by the Law of the Republic of Indonesia Number 9 of 2004 and most recently by the Republic of Indonesia Law Indonesia Number 51 of 2009 with the Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness can be done with a juridical analysis of the competence and position of the State Administrative Court and Information Commission, as well as legal synchronization of the relevant Law. Second, fair legal efforts in resolving public information disputes are carried out by juridical analysis based on the theory of justice. Finally, the author gives advice in the form of legislative review efforts to amend the relevant Law, based on apolitical configuration in democratic orders to be able to produce responsive legal products for the realization of legal certainty and justice.
subject: Research Articles
  topic: section
subject: Information Commission, Administrative Court, Public Information Dispute Resolution, Synchronization
  topic: keywords
creator: Baruna Poking Bagus Saputro
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 61
ending page: 88
doi: 10.15294/ulj.v7i1.38745

The Authority of Government Officials in Delegating and Mandating
type: item
description: Power sharing vertically in a unitary state has its consequence for the existence of the environment of both central and local governments. By the existence, another consequence appears which is the relationship between central government and local government in order to avoid the overlap of the authority implementation. One of the crucial aspects in democratic state of law (democratischerechtsstaat) is legality principle (legaliteitsbeginsel). It means that each legal action of the government should be based on the applicable laws and regulations or the authority given by the applicable regulations. The problem statements and the aims of this research are to find out the authority of the Government Officials in running the government affairs and to investigate the meaning of delegating and mandating conducted by the government officials. Authority is the formal power owned by administration boards and/or officials or other state administrators to act in public law report including some competences. The basic principles of authority are first, the administration officials act and make decision based on their authority; second, the authority to use should be accounted for and tested by both legal norm and legal principle. Delegation is defined as delegating authority from the higher board and/or government officials to the subordinates in which the responsibility and liability is switched completely to the delegates. Mandate does not contain the transfer of authority. It is only the mandator gives his/her authority to another person (mandatary) to make decision or take actions on his/her behalf.
subject: Research Articles
  topic: section
subject: Authority, Government, Delegating, Mandating
  topic: keywords
creator: Arifin Tumuhulawa
creator: Roy Marthen Moonti
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 47
ending page: 60
doi: 10.15294/ulj.v7i1.38705

Controversial Criminal Punishment for Victim of the Spread of Immoral Chat
type: item
description: The purpose of this research is to (1) analyze the Supreme Court's consideration of victims of the spread of sordid chatter in the Supreme Court's decision Number 574K / PID.SUS / 2018, and (2) analyze the arguments of the Public Prosecutor regarding the offense Article 27 paragraph (1) juncto Article 45 paragraph (1) of the Information and Electronic Transaction Law in decision No. 574K / PID.SUS / 2018. This type of research uses qualitative methods with a normative juridical approach. In this method, secondary data uses the decision of the Mataram District Court Number: 265 / Pid.Sus / 2017 / PN.MTR and the decision of the Supreme Court Number 574 K / Pid.Sus / 2018. Primary data to support this research were obtained from interviews of the Supreme Court of the Republic of Indonesia and the Institute for Criminal Justie Reform. Results and discussion of research (1) The values underlying the Supreme Court in the Supreme Court's decision Number 574K / PID.SUS / 2018 and (2) the Prosecutor's argument The Public Prosecutor related to offense Article 27 paragraph (1) jo Article 45 paragraph (1) of the Information and Electronic Transaction Law in the decision No. 574K / PID.SUS / 2018. Overall it can be concluded that (1) The value underlying the Supreme Court in passing this decision is that the judge tries to apply the benefits of the law. (2) The Public Prosecutor's Arguments in indicting or in prosecution cannot describe the offenses that are charged to the defendant, this is a serious record in the first-level court of the indictment and the demands of the Public Prosecutor are declared unproven on the defendant.
subject: Research Articles
  topic: section
subject: Punishment, Immoral Chat, Victim of Crime, Victimology
  topic: keywords
creator: Rachmadan Eka Cipta
creator: Ali Masyhar
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 23
ending page: 46
doi: 10.15294/ulj.v7i1.38704

Supervision by the Financial Services Authority on Investment-Based Life Insurance (Unit Link)
type: item
description: Problems with unit-linked life insurance products such as product transparency where the agent does not provide a detailed explanation regarding the characteristics, benefits, risks, and costs of unit-linked life insurance. This study aims to describe the protection of unit link life insurance in Indonesia and the supervision of the Financial Services Authority, the constraints faced and the steps that must be taken so that the insurance business can run well. This study uses a qualitative, sociological juridical approach. Primary data sources were taken by interview, observation, and documentation. While secondary data obtained from legislation, books, journals, scientific articles related to research. The results showed that: (1) The protection of the unit link life insured in Indonesia is not yet in accordance with the existing regulations. Life insurance agents who violate Marketers Standards of Practice and Code of Conduct may be subject to sanctions. Preventive and repressive efforts are carried out by the Financial Services Authority in order to protect the insured. (2) Supervision of the Financial Services Authority in the insurance business is microprudential supervision which, by its nature, is divided into prudential supervision and market conduct supervision. The conclusions in this study: (1) The protection of life insurance for unit link in Indonesia is not yet fully in accordance with the applicable regulations, this is due to several life insurance agents that do not meet the applicable rules.
subject: Research Articles
  topic: section
subject: Unit Link Life Insurance, Financial Services Authority, Micro-prudential Supervision
  topic: keywords
creator: Rizky Noor Fajrina
creator: Waspiah Waspiah
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-04-30
publication date: 2021-04-30
starting page: 1
ending page: 22
doi: 10.15294/ulj.v7i1.38703

Stigma, Discrimination, and Public Perception: A Relationship between Screening for Mental Emotional Disorders and Public Perception of Mental Disorders
type: item
description: Mental-emotional disorder is a condition of emotional changes that can develop into a pathological state, with a prevalence of 9.8% in people over 15 years of age in Indonesia. Public perception of people with mental disorders leads to stigma and discrimination that have negative consequences for both sufferers and their family members. The purpose of this study was to determine the relationship between mental emotional disorders and people's perceptions of mental disorders. This research is an analytic observational study with a designcross sectional.The sample in this study were employees, students and visitors of the Diponegoro National Hospital, Semarang taken by consecutive sampling method. The research instrument used a sociodemographic questionnaire, a Self Reporting Questionnaire (SRQ) 20 and a Community Attitude Towards The Mentally Ill (CAMI) questionnaire. This study found and confirmed that the subjects in this study 27.3% experienced mental emotional disorders and the majority had a counter-stigma and discrimination attitude, although there were still some who had a pro attitude towards stigma and discrimination, namely 7.3%. There is a significant correlation between emotional mental disorders and public perception of mental disorders (0.035) with a 95% confidence level. This study concludes that there is a significant relationship between emotional mental disorders and people's perceptions of mental disorders.
subject: Review Articles
  topic: section
subject: Mental Emotional Disorders, Stigma, Discrimination, Perception
  topic: keywords
creator: Ichdinavia Harsaya
creator: Alifiati Fitrikasari
creator: Innawati Yusuf
creator: Elly Noerhidajati
creator: Yetty Movieta Nency
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 405
ending page: 418
doi: 10.15294/ulj.v7i2.38702

The International Law Principle for People with Disabilities: Analyzing Access to Justice
type: item
description: Disability groups are one of the groups that are vulnerable to various violations of their rights. In fact, the protection of this group has been regulated both nationally and internationally. The International Convention on the Rights of Persons with Disabilities or the United Nations Convention on the Rights of Persons with Disabilities (CRPD) clearly outlines the principles that must be met in providing protection for persons with disabilities, ranging from: (1) respecting the inherent dignity, autonomy the individual including the freedom to make one's own choices, and the freedom of people; (2) non-discrimination, (3) full and effective participation and inclusion in society; (4) respecting the differences and acceptance of people with disabilities as part of human diversity and humanity; (5) equality of opportunity; (6) accessibility; (7) equality between men and women; and (8) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to maintain their identity.
subject: Review Articles
  topic: section
subject: Access to Justice, Disabilities, International Law Principle
  topic: keywords
creator: Ridwan Arifin
creator: Iqbal Baiquni
creator: Januari Nasya Ayu Taduri
creator: Rasdi Rasdi
creator: Zikkri Zikkri
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 371
ending page: 404
doi: 10.15294/ulj.v7i2.38701

Environmental Law and Mining Law in the Framework of State Administration Law
type: item
description: Environment in Indonesia concerning land, water, and air in the territory of the Republic of Indonesia. All these environmental media are the containers where we live, live and breathe. Healthy environmental media will give birth to the current generation of human beings and generations will come a healthy and dynamic. Industrial development, forest exploitation as well as busy and crowded traffic flows due to development that continues to evolve, providing side effects. These side effects result in the land we live in, the water we use for the life and the air we breathe. If the soil, water and air eventually can no longer provide a climate or condition that is feasible for us to use, the pollution or environmental damage has occurred. This study aims to analyze environmental law and mining law provision in the context of state administration law. This study found that some laws and regulations concerning environmental and mining law have been provided, however in fact, there are some overlapping regulations.
subject: Review Articles
  topic: section
subject: Environmental Law, Mining Law, State Administration Law
  topic: keywords
creator: Natasya Arsyiprameswari
creator: Muhamad Adji Rahardian Utama
creator: Seno Adhi Wibowo
creator: Vania Shafira Yuniar
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 347
ending page: 370
doi: 10.15294/ulj.v7i2.38699

Cyber Terrorism Criminal Acts in the Perspective of Transnational Organized Crime
type: item
description: This research was conducted to explain the legal instrument governing Cyber terrorism from an organized transnational crime perspective as well as analyzing the modus operandi used by Cyber terrorism. This research is a normative legal research using a qualitative approach to finding data sources by studying all the laws and regulations concerned with Cyber terrorism. Because this research is a normative legal research then the data sources used in this research are secondary data sources. In collecting data, authors conduct literature studies and the validity of the obtained data is examined using triangulation techniques. Then the results are analyzed and presented using a descriptive analytical method. The results of this study found that there were several international conventions that could be used as legal instruments for Cyber terrorism. And based on the study by the authors modus operandi used by terrorists in committing Cyber terrorism very diverse namely through: hacking, propaganda, fraud, DDoS attacks and the spread of viruses, worms or malware. The outcome of the results are: although there is no legal instrument that governs Cyber terrorism but some of the relevant and existing international conventions can be used as Cyber terrorism law resource, and it can be noted that there are various of modus operandi used by terrorists in Cyber terrorism.
subject: Review Articles
  topic: section
subject: Cyber terrorism; Organized Transnational Crime; International Criminal Law
  topic: keywords
creator: Okti Putri Andini
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 333
ending page: 346
doi: 10.15294/ulj.v7i2.38698

How does the government reduce unemployment? Legal Policy Analysis of the Government's Role in Strengthening SMEs in Indonesia
type: item
description: Micro, Small and Medium Enterprises (MSMEs) are proven to be the main movers in the real sector that have a direct effect on national economic growth, especially to reduce unemployment. This research is a normative research with a legal approach, historical approach, comparative and conceptual approach. There is a problem regarding the role of the government regarding MSMEs in reducing unemployment and increasing economic growth considering that the Indonesian State is currently only actively promoting the economic development sector. In Indonesia, a developing country that needs a lot of improvement in the economic sector, especially small and medium businesses. Through Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (MSMEs), the government hopes that through the role of MSMEs, the Indonesian economy will run well to increase job vacancies and reduce unemployment.
subject: Review Articles
  topic: section
subject: Government Policy, Micro, Small and Medium Enterprises (MSMEs), Unemployment
  topic: keywords
creator: Auliya Rochman
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
doi: 10.15294/ulj.v7i2.38697

Protection of People Living Conflict A Case Study in Yemen
type: item
description: The Yemen war is a continuous conflict that first occurred in 2015. The war, known as the Yemen Civil War, involves two factions: Abdrabbuh Mansur Hadi leading the Yemen government, and the armed Houthi movement, along with their supporters and allies. Both claim to be the official government of Yemen. Iran-aligned Houthi rebels, who have controlled large parts of northern Yemen since 2014, have continued to carry out cross-border incursions into Saudi Arabia and are pressing for an offensive to seize Yemen's gas-rich Marib region. Already more than 100,000 people have died in Yemen's civil war, most of them civilians, because too many people have died in the civil war, so there is a need for legal protection. The purpose of this study is to find out how the protection of the people who are in conflict countries, especially the civil war in Yemen, is according to the perspective of international law. This study used a normative legal research method with a statute approach and a case approach to be easier to examine what is being studied, namely how to protect people living in conflicted countries from the perspective of international law. The results of this study indicate whether there is already legal protection for people who are in a conflicted country and how it is protected according to the perspective of international law.
subject: Research Articles
  topic: section
subject: Legal Protection, International Law, Civil War, Yemen
  topic: keywords
creator: Yordan Gunawan
creator: Aisah Nur
creator: Fauziah Nauri Qisty
creator: Mohammad Hazyar Arumbinang
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 305
ending page: 318
doi: 10.15294/ulj.v7i2.38695

Employees' Readiness on Mutation in Higher Education Setting: A Perspective of State Administration and Employment Law
type: item
description: The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position. The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder? This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions. The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support
subject: Research Articles
  topic: section
subject: Mutation; Job; Civil Servant; Bureaucracy
  topic: keywords
creator: Siti Mursidah
creator: Eko Handoyo
creator: Mulyo Widodo
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 287
ending page: 304
doi: 10.15294/ulj.v7i2.38694

Legal Protection towards the Beneficiaries of PT Asuransi Jiwasraya due to Payment Defaults of the Jiwasraya Savings Plan: A Critical Review
type: item
description: The failure of Jiwasraya's claim settlements was since it was not a part of their insurance product and it did not comply with UU No. 40 Tahun 2014. The creation of this research article is to comprehend the unlawful effect of such failure and places responsibility on parties deemed responsible for the losses caused. This research is normative-law research-based, given the evidence of the mismanagement of PT. Asuransi Jiwasraya did not comply with the law and how their board of management disobeyed good governance. Theoretically, PT. Asuransi Jiwasraya bears responsibility, as mentioned in their contractual liability that holds the company responsible. As such is the right of the owner of the insurance policy bought from PT. Asuransi Jiwasraya. As PT. Asuransi Jiwasraya is a state-owned enterprise - the Indonesian government is also partly responsible for its failure. With that in mind, the government has mandated restructuring the Financial Services Authority (OJK) and increasing financial surveillance on PT. Asuransi Jiwasraya, putting the insurance company on a short leash.
subject: Research Articles
  topic: section
subject: Payment Default, Jiwasraya, Legal Protection
  topic: keywords
creator: Rizky Amalia Solichin
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 257
ending page: 286
doi: 10.15294/ulj.v7i2.38691

Community Involvement in Spatial Planning: A Study of Public Participation in Lerep Tourism Village Perspective of Indonesian Spatial Planning Law
type: item
description: Lerep village is one of the villages which is promoted as a tourism village according to Regent Decree No. 556/0424/2015 on the Establishment of a Tourism Village in Semarang Regency. The implementation is encouraged by Regulation of Lerep Village No. 4/2015 on the 2016 Working Plan of the Village Government. The development of a village as a tourism village brings positive and negative impacts. The positive impact is that the village can be more advanced and developed by utilizing its natural and cultural potential. The negative impact arising is that there is a significant development of the tourism locations, especially from outside parties. The negative impact that concerns society greatly is the allegation of irregularities or violation of spatial planning. The development will be carried out thoroughly to realize Lerep as a tourism village in terms of its human resources and the infrastructure supporting the tourism activities. The infrastructure development must be well-planned and able to optimize space use. The spatial planning must be able to provide safe, comfortable, productive, and sustainable space for all stakeholders. The realization of spatial planning is carried out by the central and regional governments by involving the society. Society plays a role in controlling space use based on functions and planning in order to realize Lerep tourism village which has awareness of spatial planning.
subject: Research Articles
  topic: section
subject: tourismvillage; rural spatial planning; public participation
  topic: keywords
creator: Aprila Niravita
creator: Rofi Wahanisa
creator: Suhadi Suhadi
creator: Rahayu Fery Anitasari
creator: Bayangsari Wedhatami
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 237
ending page: 256
doi: 10.15294/ulj.v7i2.38690

Child Prisoners and Their Attitudes: The Capture of Child Behavior Changes in Correctional Institutions
type: item
description: This study aims to determine how social learning changes the behavior of correctional students placed in correctional institutions. The method used in this research is a descriptive survey using a qualitative approach. Researchers conducted interviews with correctional students who were used as resource persons. Correctional students who are placed in Correctional Institutions absorb and follow most of the habits and activities carried out by adult prisoners who are in them, there are even correctional students who follow violations committed by adult prisoners so that after leaving the Correctional Institution they tend to do more evil. On average, they interact more with adult inmates so that they tend to learn everything that is in prison from adult inmates, including in terms of criminal behavior plans. After conducting research and interviews, it is known that the impact of social learning received by children when placed in an adult Correctional Institution is that children learn about positive and negative behavior carried out by friends in their social environment.
subject: Research Articles
  topic: section
subject: Behavior Change, Correctional Institution, Child, Social Learning
  topic: keywords
creator: Steny Roby Waluya
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 225
ending page: 236
doi: 10.15294/ulj.v7i2.38688

Neutrality of the State Civil Apparatus in the Democratic Party of Regional Head Election (Pilkada)
type: item
description: The General Election Commission of the Republic of Indonesia (KPU-RI) has determined 270 regencies / cities to hold simultaneous regional elections in 2020. With the agenda for the registration period of candidate pairs held from 4th September 2020 to 6th September 2020, and Campaign Period Stages to be held from 26th September 2020 to 5th December 2020. The direct implementation of Regional Head Election had brought changes to the culture of government at the regional level in terms of bureaucratic and political relations. The Election Hazard Index (IKP) noted that was in Regional Head Election in 2020. The neutrality problem of the State Civil Apparatus became the biggest problem, namely 167 regencies / cities out of 270 regions running the Regional Head Election (PILKADA) that was as the role of General Election Supervision (BAWASLU) Agency supervised the neutrality of the State Civil Apparatus, members of the Indonesian National Army, members of the Indonesian Police. The factors of the non-neutrality of the State Civil Apparatus were historical and socio-cultural factors, kinship relations, ambitions for career positions, ambiguous regulations (multiple interpretations), weak law enforcement, and low public awareness of legal culture. The government needed to review the Election Law regarding Civil Service Officers that minimized the occurrence of Corruption, Collusion and Nepotism in appointments and transfer of State Civil Apparatus (ASN) employees.
subject: Research Articles
  topic: section
subject: Neutrality; State Civil Apparatus; Regional Head Election
  topic: keywords
creator: Al Qodar Purwo Sulistyo
creator: Anas Santoso
creator: Usman Usman
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 203
ending page: 224
doi: 10.15294/ulj.v7i2.38687

Federalism in Nigeria: Problems and Restructuring Option
type: item
description: The study examined the problematic of Nigeria’s federalism and the restructuring option. Three null hypotheses were formulated to guide the study and the study being a quantitative research adopted correlational design and four hundred academic staff from five Departments in the Faculty of social sciences all from the six sampled public Universities in the six geopolitical zones in Nigeria were sampled. The primary data that were used for the study were obtained from federalism and restructuring option questionnaire and chi square was used to analyze the data obtained. The finding of study revealed that the inability of the Nigerian state to adopt the restructuring option as a panacea to the unending political and ethnicity crises in the nation have a relationship with poor generating capacity and dependency mentality of the federating units. The study lucidly showed that there is no significant relationship between the nature and character of the age-long North-South tendencies and federalism in Nigeria. The study equally revealed that there is a significant relationship between politics of marginalization, socio-economic development and participatory/empowerment on federalism in Nigeria. The study recommended that to ensure peaceful coexistence of Nigeria’s multi-ethnic nationalities, the Nigerian government at different levels, different stakeholders and concerned bodies should go back to the drawing board and consider the creation of additional states and re-examine the sharing formula based largely on genuine need, derivation and population. The study also recommended that for the federalism option to succeed in Nigeria, there in need for re-construction, re-formulation, genuine acceptance and practicability of an appropriate federal arrangement that emphasizes self and national development as well as an equitable fiscal system that accommodates the true power relations and the expenditure and revenue realities of the respective component units in the Nigerian …
subject: Research Articles
  topic: section
subject: Problematic, Federalism, Restructuring, Option, Dependency -Mentality, Marginalization and Nigeria
  topic: keywords
creator: Kelly Bryan Ovie Ejumudo
creator: Francis Ayegbunam Ikenga
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2021-10-31
publication date: 2021-10-31
starting page: 189
ending page: 202
doi: 10.15294/ulj.v7i2.38683

The Application of International Laws in Bangladesh: A Critical Evaluation
type: item
description: This article discusses the incorporation and implementation of international laws, specifically international treaties and agreements into the domestic legal system of Bangladesh. The position of international laws in the legal system of Bangladesh and their authority to interpret and challenge domestic laws has been focused upon. To that effect, the constitutional provisions dealing with international law along with various authoritative court decisions have been analyzed. Additionally, status and implementation of customary international laws in Bangladesh have also been absorbed. How the norms of customary international laws are being incorporated and implemented have been discussed in detail. The analytical methods of research have been carried in the piece highlighting judicial decisions and international instruments. This article is based on secondary materials with the key sources including textbooks, reports, journal articles, conference papers, daily newspapers and online documents. The study has also relied on international instruments, domestic laws and decided cases of Apex Court of Bangladesh. The findings show that as a democratic country Bangladesh needs to incorporate for the sake of its own people the provisions of international treaties into domestic laws. This is a gradual but perilous process which would take more than political goodwill to materialize. As a young nation, it still has a long way to go to level its regulations up-to the international standards. The positive indication is that the supreme courts of Bangladesh are increasingly realizing and interpreting international instruments through their decisions pressurizing the government to make positive changes in the legislations.
subject: Research Articles
  topic: section
creator: Mazharul Islam
creator: Mohammed Tahmidul Islam
creator: Md. Tuhin Mia
creator: Md. Zahidul Islam
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 207
ending page: 224
doi: 10.15294/ulj.v8i1.37365

Technical Intelligence and Security Management within the Nigerian Territorial Waters: The Nigerian Navy Challenge
type: item
description: With the world becoming a more volatile place and certainly high - threat environments becoming too far and dangerous to send personnel, the insufficiency of human intelligence has placed a greater stress on technical aids in gathering intelligence. Technology has allowed the acquisition of intelligence to rely less on human intelligence. The progeny of modern day equipment - both offensive and defensive has made provision for myriad levels in intelligence gathering. The Gulf of Guinea Basin countries rely heavily on their maritime sector for greater per cent of their exports and imports. The Gulf of Guinea is strategic to the development of West African countries and has been characterized by various maritime crimes, thus the need for technical intelligence and surveillance measures by basin countries to enhance the security of the region. Nigeria is a strategic stakeholder in the maritime security around the Gulf of Guinea with her Navy and Nigerian Maritime Administration and Safety Agency as the lead agencies responsible for her maritime security and safety. This work discusses the various leverage and the challenges of modern surveillance equipment to aid the achievement of securing the Nigerian maritime environment by the Nigerian Navy as well as her involvement in several internal security operations in Nigeria.
subject: Research Articles
  topic: section
creator: Ngboawaji Daniel Nte
creator: Brebina Kelvin Enoke
creator: Ilyasu Abubakar
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 179
ending page: 206
doi: 10.15294/ulj.v8i1.37363

The Role of Indonesian Diplomacy in Managing the Conflict between The Myanmar Government and The Rohingya Muslim Ethnic
type: item
description: The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.
subject: Research Articles
  topic: section
creator: Sulaiman Rasyid
creator: Adya Paramita Prabandari
creator: Bastian Chris Daren
creator: Christopher Simanjuntak
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 159
ending page: 178
doi: 10.15294/ulj.v8i1.37362

Reconstruction of Financial Crime Investigation Methods in Law Enforcement in The Era of the Industrial Revolution 4.0
type: item
description: The purpose of this study was to determine the construction of the concept and method of financial crime investigation in the Netherlands in the law enforcement system in Indonesia to deal with financial crime in the era of the industrial revolution 4.0. The method used is normative research because it only uses secondary data in the form of primary, secondary and tertiary legal materials with conclusions drawn using deductive reasoning methods. The urgency of this research is because the development of crime that is not symmetrical with its legal efforts in the era of the industrial revolution 4.0, has an impact on efforts to enforce the rule of law which will affect reciprocally with the democratic process in Indonesia. The novelty of the research is an investigative method that combines civil and criminal concepts and economic accounting concepts with criminal law concepts. The results of the study are the strategy for law enforcement of financial crimes and financial technology in the era of the industrial revolution 4.0, by building a legal system, namely on the substance of the law, regulatory changes are built that are oriented towards proving the profits from crime through the concept of follow the money. In the aspect of legal structure, build a synergistic and harmonious coordination system between law enforcers and between institutional and private departments with an online networking system. In the aspect of legal culture, building a database system through a data bank, building a business economic infrastructure with a digital transaction system.
subject: Research Articles
  topic: section
creator: Sukardi Sukardi
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 133
ending page: 158
doi: 10.15294/ulj.v8i1.37361

Forest Fire and Environmental Damage: The Indonesian Legal Policy and Law Enforcement
type: item
description: Law enforcement regarding the environment is in fact a responsibility that should be fulfilled by the state. In this case, the state is the main actor in prevention, as well as a protector from any efforts to destroy nature and the environment. It can be understood that to maintain the crucial elements in the existence of a state, as agreed in the Montevideo Convention, among others, permanent residents, definite territory, government, the ability to enter into relations with the state. other. So with this it can be understood that environmental damage due to forest fires, is a form of threat also in the area element, because by burning ecosystems, it will result in an imbalance of life in an area, it can also be interpreted if the impacts arising from forest fires spread to enter the area. on the territory of neighboring countries, it will lead to unfavorable relations with other countries.
subject: Research Articles
  topic: section
creator: Adi Wijayanto
creator: Hatta Acarya Wiraraja
creator: Siti Aminah Idris
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 105
ending page: 132
doi: 10.15294/ulj.v8i1.37360

Forestry Sector Corruption and Oligarchy: A Case Study of the Laman Kinipan Indigenous People, Central Kalimantan
type: item
description: Corruption is a serious problem in the rule of law development and sustainable development efforts. Law enforcement for weak environmental destroyers. On the other hand, the corruption process that is conducted involves a very strong power network and has impunity. This paper used a socio-legal based legal research method. Corruption in the forestry sector in Indonesia not only harms the state financially, but also creates environmental degradation that has an impact on human rights violations for the Laman Kinipan indigenous people. The Laman Kinipan indigenous people as victims of environmental damage have the right to get a solution from the perspective of being victims of environmental damage, both in the context of criminology, access to responsibility and accountability for environmental damage, then the impact of community sociology recovery, ensuring for perpetrators of environmental damage receive appropriate sanctions, as well as recovery in a collective sense. An effective anti-corruption mechanism with programs and compliance intended for business people and the government in preventing bribery corruption in the licensing sector, especially for PT.SML and the concession management circle at Laman Kinipan. Strengthening the concept of strict liability is a very strategic option in this era of industrialization to prevent environmental damage from corruption in the forestry sector.
subject: Research Articles
  topic: section
creator: Satria Unggul Wicaksana Prakasa
creator: Achmad Hariri
creator: Samsul Arifin
creator: Asis Asis
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 87
ending page: 104
doi: 10.15294/ulj.v8i1.37359

The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic
type: item
description: The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.
subject: Research Articles
  topic: section
creator: Ahmad Siboy
creator: Sholahuddin Al-Fatih
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-10-31
publication date: 2022-10-31
starting page: 65
ending page: 86
doi: 10.15294/ulj.v8i1.37358

Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies
type: item
description: The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Covenant on Civil and Political Rights (ICCPR) allows governments to restrict certain rights during public emergencies that threaten the life of the nation, states are not allowed to arbitrarily restrict people's rights and freedoms. Therefore, a mechanism is needed that can set restrictions on public rights in a balanced manner. In this regard, the Siracusa Principles can be implemented as a basis for the formulation of public policy through human rights due diligence and evaluating the government's compliance in implementing its policies. The novelty of this paper contains comprehensive discourses and recommendations in reformulating social restriction policies that are less friendly to human rights protection through restrictions on rights proportionally and internationally, and allow for the existence of check and balances mechanisms for the course of public policy. Therefore, with the implementation of the Siracusa Principles can be the basis for establishing restrictions on rights proportionally in order to develop policies of social restrictions and health quarantine that are more friendly to human rights protection and can minimize the occurrence of policy formulation errors that have the potential to violate human rights.
subject: Research Articles
  topic: section
creator: Rahadyan Fajar Harris
creator: Natalia Carolina Simanjuntak
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2022-04-30
publication date: 2022-04-30
starting page: 39
ending page: 64
doi: 10.15294/ulj.v8i1.37292