JILS (Journal of Indonesian Legal Studies) https://journal.unnes.ac.id/sju/index.php/jils <p style="text-align: justify;">JILS (Journal <em>of </em>Indonesian Legal Studies) is a peer reviewed journal published biannual (May and November) by Faculty of Law, Universitas Negeri Semarang. JILS published both Printed and Online version (<strong>Print ISSN&nbsp;<a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1478763000&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1584</a></strong>, <strong>Online ISSN&nbsp;<a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&amp;1478762815&amp;1&amp;&amp;" target="_blank" rel="noopener">2548-1592</a></strong>). JILS is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies.</p> Universitas Negeri Semarang en-US JILS (Journal of Indonesian Legal Studies) 2548-1584 <p style="text-align: justify;">All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.&nbsp;<strong>Author(s) retain copyrights&nbsp;</strong>under the licence of&nbsp; Creative Commons&nbsp;<span class="cc-license-title">Attribution-ShareAlike 4.0 International</span>&nbsp;<span class="cc-license-identifier">(CC BY-SA 4.0).&nbsp;</span></p> Translating the Meaning of Justice and Legal Protection: What exactly is justice? https://journal.unnes.ac.id/sju/index.php/jils/article/view/57881 <p>Justice has many meanings, dimensions, and even approaches. Not only in one country, but universally justice could be the same concept on one side, but it could also be different on the other side. Various views on the concept of justice also differ, influenced by the development of society, culture, social, or even the ideology of a country</p> Ridwan Arifin ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 i iv 10.15294/jils.v7i1.57881 Corrective Justice and Its Significance on the Private Law https://journal.unnes.ac.id/sju/index.php/jils/article/view/46691 <p>This article attempts to explore corrective justice and its significant role in private law. Corrective justice can be traced back to Aristotle's ideas of justice and Kant's ideas of rights. Hans Kelsen sharply criticized the concept of corrective justice for only proposing formal ideas without touching anything substantial. Apart from this criticism, corrective justice remains very important in private law studies because it provides solutions between two private actors in which one benefits from the losses experienced by the other. So far, the dispute settlement mechanism in private law gives the winning party a full share, while the loser does not receive any share at all. Corrective justice offers a quantitative measure that balances what the defendant is deducting and what is added to the claimant's loss. The application of this principle encourages the creation of equal punishment between the disputed parties.</p> Markus Y Hage Panggih Kusuma Ningrum ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-09 2022-06-09 7 1 1 30 10.15294/jils.v7i1.46691 Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective https://journal.unnes.ac.id/sju/index.php/jils/article/view/53820 <p>Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.</p> I Wayan Rideng I Ketut Kasta Arya Wijaya Hartini Saripan ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-10 2022-06-10 7 1 31 56 10.15294/jils.v7i1.53820 The Position of Indegenous People in the Culture and Tourism Developments: Comparing Indonesia and East Timor Tourism Laws and Policies https://journal.unnes.ac.id/sju/index.php/jils/article/view/52407 <p>The expansion of development brings many impacts, including in the discourse of indigenous peoples in the midst of tourism development. On the one hand, culture and indigenous peoples are the main pillars in the use of culture-based tourism such as in Bali, Indonesia, but on the other hand, tourism development raises questions about legal protection for indigenous peoples. This study aims to analyze and compare various laws and policies in tourism development in Bali (Indonesia) and Atauro (Timor Leste) and the position of indigenous peoples in the midst of various tourism policies. By comparing several related policies, this research found and confirmed that existing cultural arrangements were limited to the cultural identity of indigenous peoples and as a tourist attraction for Indonesia, but there are no regulations that give a definition of culture as an economic resource. In Timor Leste, Ecotourism management in Beloi Village is still far from the plan. The government as policy makers and facilitators impressed walk alone in terms of management tourist.</p> Dewa Gede Sudika Mangku Ni Putu Rai Yuliartini Ruslan Ruslan Seguito Monteiro Dahlan Surat ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-11 2022-06-11 7 1 57 100 10.15294/jils.v7i1.52407 Dilemma of Dual Citizenship Issues in Indonesia: A Legal and Political Perspective https://journal.unnes.ac.id/sju/index.php/jils/article/view/53503 <p>The issue of dual citizenships has been in much of the debate over the years. Many developed countries such as US, UK, Australia, and Switzerland have no restrictions on holding dual nationality, whereas countries such as Singapore, Austria, India, and Saudi Arabia do not “recognize” or “restrict” dual citizenships, leading to automatic loss of citizenship upon acquiring other. Some countries such as Austria, Spain may still grant dual citizenships upon certain special conditions under exceptional cases like celebrities. The implementation of dual citizenship nowadays is not something strange or unusual things internationally. By considering the international environment that is nowadays being wider and no limit, everyone has an easy access to go abroad. In Indonesia, the concept of dual citizenship still limited to the children from inter-marriage, while consider the amount of Indonesian diaspora in another country this is the time for Indonesia to upgrade or revise the citizenship system in Indonesia.</p> Andi Agus Salim Rizaldy Anggriawan Mohammad Hazyar Arumbinang ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 101 154 10.15294/jils.v7i1.53503 Restorative Justice Principles in Law Enforcement and Democracy in Indonesia https://journal.unnes.ac.id/sju/index.php/jils/article/view/53057 <p>Indonesian legal system has not yet adopted the concept and method of restorative justice; therefore, substantial justice for the Indonesian people has not yet been reflected in legal enforcement in the Pancasila democracy system. The research aims to elaborate on the existence of restorative justice in the criminal justice system, which supports the process of democracy in Indonesia. Normative research is used to establish the aim of the research by using secondary data and primary, secondary, and tertiary legal resources. The urgency of this article is to capture how the legal enforcer is using restorative justice. The findings and conclusion of the research determined that restorative justice is based on legal and cultural values in the society, which gave a conventional resolution that fulfils justice. The application of restorative justice is constructed through standard procedures based on the system theory approach, which accommodates all roles and functions of the criminal justice system elements. Therefore, legitimacy, legality, responsibility, and supervision are warranted philosophically, juridically, and sociologically. As a result, implementing the concept of restorative justice in the criminal justice system is a choice for the strategy in politics of law. Restorative justice will support the law enforcement in Indonesia as required in order to create democracy in Indonesia based on Pancasila and Constitution of 1945.</p> Sukardi Sukardi Hadi Rahmat Purnama ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 155 190 10.15294/jils.v7i1.53057 Protecting Environment through Criminal Sanction Aggravation https://journal.unnes.ac.id/sju/index.php/jils/article/view/54819 <p>This paper aims to explores the provision of aggravating criminal sanction that protects environment in environmental legislation. By focusing on the four laws as its primary data source, this study employed doctrinal legal research. The results showed that the weight accorded to criminal sanctions in&nbsp;environmental legislation, has varied. The PPLH Law provides for the amplification of criminal threats directed at corporations by adding 1/3 (one-third) of the criminal sentence. Only companies are subject to the penalty aggravation provisions of the Mining Law, and they are only imposed with one-third of the maximum criminal provision of fines. In the PPPH Law, the imposition of criminal threats weight is simply related to the quantity component. If the culprit is a corporation or official, the criminal sanction aggravation is increased by one-third. In Plantation Law, if the offender is a corporate or a government official, then the criminal punishment is intensified. The environment is protected through acts prohibited by environmental legislation, but the criminal threat weight is not directed toward environmental preservation. Existing penalty aggravations are confined to only two types of criminal penalties: jail and fines, both of which have no direct connection to environmental protection. As a result, weighting criminal sanctions refers to the changing quality and quantity issues in order to safeguard the environment. The transition from criminal sanction to treatment, or from one type of treatment to another, was the focus of quality considerations, while the twofold criminal fine system was the focus of quantity element.</p> Mahrus Ali Rofi Wahanisa Jaco Barkhuizen Papontee Teeraphan ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 191 228 10.15294/jils.v7i1.54819 Criminal Liability of Political Parties from the Perspective of Anti-Money Laundering Act https://journal.unnes.ac.id/sju/index.php/jils/article/view/54534 <p>This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the <em>corporate criminal liability</em> system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of <em>systematiche specialiteit</em> and the method of <em>economic analysis of law</em> approach through the Political Party Law. (3) Restorative justice model in the form of <em>dual track system</em>. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.</p> Maria Silvya E. Wangga Dian Adriawan Dg. Tawang Ahmad Sabirin Andrés Herrera Esquivel ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 229 264 10.15294/jils.v7i1.54534 Promoting the Good Governance by Advancing the Role of Parliamentarians and the Term Offices Limitation (Comparing Nigeria and Indonesia) https://journal.unnes.ac.id/sju/index.php/jils/article/view/54776 <p>In the 21<sup>st</sup> century new world order, there is growing interest more than ever before in issues related to democracy and good governance around the world. This is a reflection of the increasing acceptance of the fact that democracy and good governance are not a luxury, but a fundamental requirement to achieve sustainable development. Parliament as of the key state institutions in a democratic system of governance have a critical role to play in promoting democracy and good governance. As the democratically elected representatives of the people, parliaments have the honourable task to ensure good government by the people and for the people.&nbsp; In the performance of their key functions of legislation, representation and oversight, parliaments encounter challenges that negatively affect their efforts in promoting democracy and good governance. The paper attempts to discuss the concept of parliamentary governance and the contribution of the parliament in consolidating democracy in Indonesia and Africa. This includes examining how parliaments respond to the growing public pressure for greater involvement, information, accountability and better service delivery to the citizens and the limitation of term offices ans one of the accountability processes. The paper argues that parliamentary governance is the basic parameter in assessing the progress of democracy in a country and concludes that lack of it is the source of poor governance with the attendant political, economic and social problems in a state.</p> Tonye Clinton Jaja Zaka Firma Aditya ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 265 298 10.15294/jils.v7i1.54776 Simple Patent Protection: A Case of Sarung Tenun Goyor Indonesia and The Comparison to Malaysia Utility Innovation Protection https://journal.unnes.ac.id/sju/index.php/jils/article/view/55439 <p>The work or products of SMEs are important for the protection of intellectual property rights. The <em>Sarung Tenun Goyor</em> in its production process has gone through long ideas and experiments to produce a distinctive motif and shape, but it becomes a problem whether a traditional work can be subjected to simple patent protection and instead ignores social values ​​and the value of community justice. In addition, Malaysia also has certain protection for utility innovalition that close to simple patent protection in Indonesia. This study is intended to analyze the simple patent protection in the case of <em>Sarung Tenun Goyor</em> Indonesia and Malaysia Utility Innovation Protectopn. This study showed that to fulfill the novelty element, development of the existing production process could be carried out while still paying attention to the values ​​of justice, social, and propriety. The fulfillment of Access Benefit Sharing stipulated in Law Number 13 of 2016 concerning Patents provides legal certainty of simple patent protection derived from traditional knowledge. Whereas the production process of the <em>Sarung Tenun Goyor</em> can be said to be a form of intellectual property and fulfills the elements as a simple patent object. The conclusion of this research is that the production process of the <em>Sarung Tenun Goyor</em> has not received legal protection. The Patent Law provides legal certainty for the development of the <em>sarung tenun goyor</em> production process by fulfilling Access Benefit Sharing (ABS).</p> Rohmat Rohmat Waspiah Waspiah David Chuah Cee Wei ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 299 338 10.15294/jils.v7i1.55439 Third-Party Risk in the Availability Payment: The Palapa Ring Western Package https://journal.unnes.ac.id/sju/index.php/jils/article/view/55184 <p>The Palapa Ring Western Package is the first Public Private Partnership infrastructure project in Indonesia implementing Availability Payment (AP). Prevailing regulations allow the Government Contracting Agency (GCA) and Implementing Business Entity (IBE) to determine the system of incentives and penalties of AP in their project contract. This research explores two main issues: (1) whether the IBE has obligation for contingent cost liabilities outside of the contractually determined AP amount in the occurrence of damage caused by a third party which interrupts or disrupts infrastructure service availability and (2) whether the GCA has the right to penalize AP amount to the IBE in the occurrence of damage by a third party which interrupts or disrupts service availability. By applying normative legal research using the statute approach, this research concludes that in this project, the IBE has obligation for contingent cost liabilities outside of contractually determined AP amount in the occurrence of damage by a third party and the GCA has the right to penalize AP amount if the IBE fails to maintain service availability. The contractual allocation of operational and maintenance risk to the IBE creates obligation to bear costs during the project lifetime including those due to third-party risk. Further, the use of formula to calculate AP to IBE is solely based on performance data in maintaining service availability according to contractually agreed standards. Thus, the use of AP in the Palapa Ring Western Package may be a point to reference for future Public Private Partnership infrastructure projects.</p> Andrew William John Nathaniel Yetty Komalasari Dewi Shatila Dhiyaannisaa Sani ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 339 390 10.15294/jils.v7i1.55184 Controversial Ideas about the State and Revolution, A Book Review “The State And Revolution” Vladimir Ilyich Lenin, Haymarket Books Chicago, 2014, 210 Pages, ISBN: 978-1-60846-498-2 https://journal.unnes.ac.id/sju/index.php/jils/article/view/57385 <p>The State and Revolution is a book that was born from Lenin's life experience as the father of Russian revolutionaries. The movement that gave birth to major changes in the future of Russia and the formation of a Soviet state with Marxism-Leninism. In his book, Vladimir Lenin divides the discussion into six chapters, each of which is divided into several sub-chapters. The method of writing the book uses a descriptive analysis pattern with a contextual approach. In fact, this book has a positive contribution to anti-bourgeois supporters, because of its ideas against bourgeoisie and Western capitalism. But this book is a negative ghost, for lovers of freedom and democracy. Because the true teachings of Leninism require authoritarianism and the absence of freedom for its citizens.</p> Nur Rohim Yunus ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 2022-06-01 2022-06-01 7 1 391 408 10.15294/jils.v7i1.57385