JILS (Journal of Indonesian Legal Studies) 2023-01-28T02:44:59+07:00 Dr. Indah Sri Utari, S.H., M.Hm Open Journal Systems <p style="text-align: justify;">JILS (Journal <em>of </em>Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (<strong>Print ISSN&nbsp;<a href=";1478763000&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1584</a></strong>, <strong>Online ISSN&nbsp;<a href=";1478762815&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1592</a></strong>). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.</p> Reconstruction of E-Court Legal Culture in Civil Law Enforcement 2023-01-24T12:08:57+07:00 Dian Latifiani Yusriyadi Yusriyadi Agus Sarono Ahmad Habib Al Fikry Mohammad Nur Cholis <p>Legal protection for the community to obtain rights and recovery of the situation is one of them taken by settling civil cases through the courts. During the times and the adjustment of existing conditions, the Supreme Court issued a responsive and progressive law with the enactment of Supreme Court Regulation Number 1 of 2019 so that the public could obtain essential justice based on the principles of fast, simple, and low-cost justice. The aims of this study are: (i) knowing the legal culture in the implementation of e-court as a reflection of the problems of law enforcement; and (ii) reconstruction of legal culture regarding case administration and court proceedings electronically. The author uses empirical juridical research methods. The results of the study show: (i) e-court based court legal culture is not yet optimal. Village communities seeking justice (non-advocates) at the Religious Courts and District Courts of Semarang Regency tend to prefer conventional registration and trial over e-courts; and (ii) the reconstruction of the legal culture community is carried out using e-court socialization education to all advocates, providing educational media to non-advocates, and providing information about administration and trials electronically through notification letters to the district head .Through this, it will create a legal culture that supports the implementation of e-court so that fair law enforcement can be achieved.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law 2023-01-26T10:45:29+07:00 Kadek Agus Sudiarawan Alia Yofira Karunian Dewa Gede Sudika Mangku Bagus Hermanto <p>Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as <em>ius constituendum. </em>This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency 2023-01-28T02:44:59+07:00 I Gusti Ayu Ketut Rachmi Handayani Lego Karjoko Abdul Kadir Jaelani Jaco Barkhuizen <p>This study was prompted by the high rate of land tenure conflicts in forest areas. In the 2015-2020, a total of 10,000 conflicts were experienced in Indonesia, and a legal approach was used to conduct this normative study. Furthermore, the data collection was through literature and the legal norm method was used for analysis. The results showed that the government reduced the treatment of the conflict by establishing the Directorate of Customary Forest Tenure Conflict Management institutions and legal products of Presidential and Ministerial Regulations. However, the forest land tenure conflict was not resolved during the Joko Widodo administration and was increased by 50 percent from the previous administration of President Susilo Bambang Yudhoyono. Meanwhile, this conflict can be resolved through the role affirmation of State Administrative Law in determining forest areas with legal certainty and justice. The assertion was conducted by enforcing this law against licensing violations and building integrated conflict resolution in creating legal certainty and equity.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly? 2022-12-21T15:27:19+07:00 Muhammad Siddiq Armia Chairul Fahmi Huwaida Tengku-Armia Muhammad Syauqi Bin-Armia Zahlul Pasha Karim Armiadi Musa <p>Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with possibility having clash of judgment. There is no guarantee that Supreme Court will fully obey the Constitutional Court judgment. So, the research question needs to be solved such as judicial Review pre-the Amendment of the 1945 Constitution process, and judicial Review Post the Amendment of the Constitution implement, that will be main points of research purposes. Furthermore, the main problem is the distribution power between Constitutional Court and Supreme Court, whether have distributed fairly or not. Another problem after amendment is about disagreement amongst judges. Before amendment, judges were forbidden to show their disagreement clearly in the verdict, but now allowed. This fact has leaded to public distrust. They have questioned the legitimacy of the verdict having disagreement, whether should be obeyed or be denied.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## The Intricate Justice of Poverty: A Case of The Land of Gold in Papua Indonesia 2022-12-21T15:27:20+07:00 Hidayatulloh Hidayatulloh Éva Erdős Miklós Szabó <p>Natural wealth does not guarantee the welfare of its inhabitants. This case occurred in Papua, the easternmost region of Indonesia, which won the title of the poorest province from 2017 to 2021. Freeport McMoRan, an American mining corporation operating since 1967, failed to present a positive impact on the welfare of the Papuan people despite having dredged a lot of money from Grasberg, one of the largest reserves of gold and copper in the world. This paper reviews the portrait of abject poverty in Papua and analyzes its problems with the rights and justice approach. In conclusion, this paper finds that poverty for the Papuan people is very complicated because it is related to the historical roots of colonialism, capitalism, and armed conflicts. The special autonomy granted by the Indonesian government for twenty years has not been able to provide for people's welfare due to violent conflicts, human rights violations, natural destruction, and corruption. The Indonesian government is obliged to realize justice in the economic, political, and cultural dimensions for the welfare of the Papuan people.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## The Regulation of Disorgement in the Indonesia Capital Market: Remaining Concerns and Lessons from US 2022-12-21T15:27:20+07:00 Anugrah Muhtarom Pratama Umi Khaerah Pati Kukuh Tejomurti Mohamad Hanapi Mohamad <p>This study aimed to analyse the authority that recently empowered the Indonesia Financial Services Authority (OJK) based on OJK Regulation Number 65/POJK.04/2020 in conjunction with OJK Circular 17/SEOJK.04/2021. OJK was empowered to pursue disgorgement in the Indonesian capital market as a new tool for protecting investors by analyzing changes in disgorgement enforcement practices in the US. This study used a doctrinal legal method with a comparative approach. The comparative approach was used to examine the possibility of strengthening disgorgement enforcement applicable to current Indonesian law on such practices in the US. Disgorgement in Indonesia is similar to the previous one in the US. The disgorgement authority in the Capital Market Act was not explicit because OJK still interpreted “written orders” such as “grant relief ancillary to an injunction” when disgorgement was first introduced by the SEC. This poses challenges in calculating the number of disgorgements that may be limited or canceled due to a lack of strong legal remedies when the violator does not pay the disgorgement. Considering practical experience in the US from Texas Gulfur Sulfur to Kokesh and Liu, disgorgement in Indonesia needs strengthening to maintain enforcement sustainability and avoid setbacks. Therefore, the strengthening should involve placing the disgorgement authority in the Capital Market Act, providing Standard Guidelines for the Calculation of Disgorgement Amounts and and establishing regulations on Procedures for Civil Lawsuits by OJK. The results are expected to be a reference for regulators and legislators to improve enforcement of the disgorgement regime in Indonesia.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia 2022-12-21T15:27:20+07:00 Iwan Satriawan Farid Sufian Shuaib Tanto Lailam Rofi Aulia Rahman Devi Seviyana <p class="BasicParagraph"><span style="font-size: 12.0pt; line-height: 120%; font-family: 'Adobe Caslon Pro',serif;">The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.</span></p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement## Mainstreaming Justice in the Establishment of Laws and Regulations Process: Comparing Case in Indonesia, Malaysia, and Australia 2022-12-21T15:27:20+07:00 Rodiyah Rodiyah Siti Hafsyah Idris Robert Brian Smith <p>The concept of justice has been translated into various forms and views. Until now, what is interpreted as justice varies, there is no one uniform agreement on this matter. However, one thing is emphasized that, in justice there is recognition, protection and fulfillment of rights, including in the process of forming laws and regulations. This study aims to analyze how the justice and equity approach is in the process of forming laws and regulations, by comparing cases in Indonesia, Malaysia and Australia, this study attempts to provide an overview of how the process of establishing a rule of law that is just in the three countries is. This study uses a normative legal method where this research only focuses on the mechanism of law formation in the three countries.</p> 2022-12-21T00:00:00+07:00 ##submission.copyrightStatement##