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> en-US <p>All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.&nbsp;<strong>Article copyrights are with the Author(s), the publishing copyright is with the Publisher.&nbsp;</strong>This work licensed under a Creative Commons&nbsp;<span class="cc-license-title">Attribution-ShareAlike 4.0 International</span>&nbsp;<span class="cc-license-identifier">(CC BY-SA 4.0),&nbsp;</span></p> <h3>Under the following terms:</h3> <ul class="license-properties col-md-offset-2 col-md-8" dir="ltr"> <li class="license by"> <p><strong>Attribution</strong>&nbsp;—&nbsp;You must give&nbsp;<a id="appropriate_credit_popup" class="helpLink" title="" href="https://creativecommons.org/licenses/by-sa/4.0/#" data-original-title="">appropriate credit</a>, provide a link to the license, and&nbsp;<a id="indicate_changes_popup" class="helpLink" title="" href="https://creativecommons.org/licenses/by-sa/4.0/#" data-original-title="">indicate if changes were made</a>. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.<span id="by-more-container"></span></p> </li> <li class="license sa"> <p><strong>ShareAlike</strong>&nbsp;— If you remix, transform, or build upon the material, you must distribute your contributions under the&nbsp;<a id="same_license_popup" class="helpLink" title="" href="https://creativecommons.org/licenses/by-sa/4.0/#" data-original-title="">same license</a>&nbsp;as the original.</p> </li> </ul> dmuhtada@mail.unnes.ac.id (Dani Muhtada) ridwan.arifin@mail.unnes.ac.id (Ridwan Arifin) Mon, 06 May 2019 00:00:00 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 JILS Volume 4 Issue 1, May 2019 https://journal.unnes.ac.id/sju/index.php/jils/article/view/30206 Admin JILS ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/30206 Wed, 08 May 2019 00:00:00 +0000 Penal Policy and the Complexity of Criminal Law Enforcement: Introducing JILS 4(1) May 2019 Edition https://journal.unnes.ac.id/sju/index.php/jils/article/view/30189 <p>AFTER the previous edition of JILS raised the theme of “Crimes and Society: General Issues on Criminal Law in Indonesia”, in this edition JILS wanted to explore various cases and developments in criminal law enforcement. The complexity of criminal law enforcement in many conditions presents a variety of debates, ranging from legality and non-retroactive principles of law which in certain cases find discrepancies between facts and existing theories. In addition, criminal law which is considered <em>ultimum remedium</em> and has the character of a double-edged sword, on the one hand protects the interests of victims and the public but on the other hand injures the rights of the accused, becomes very complex because of its relation to the protection of human rights. In order to provide the most up-to-date discourse in the development of criminal law enforcement, in this edition we take the theme “Penal Policy and The Development of Criminal Law”. This theme provides a different perspective for readers relating to criminal law policy and formulation of criminal law enforcement. In this edition, we received a large number of articles sent to the editorial desk, therefore it requires considerable time in choosing, reviewing and giving our best feedback and comments to the authors. To highlight the development of criminal law enforcement, this Journal volume is dedicated to discuss several issues related to the penal policy and development of criminal law enforcement.</p> Dani Muhtada, Ridwan Arifin ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/30189 Tue, 07 May 2019 04:38:34 +0000 The Doctrine of Product Liability and Negligence Cannot Be Applied to Malware-Embedded Software https://journal.unnes.ac.id/sju/index.php/jils/article/view/29157 <p>Today, the development of technology is remarkable; the world has faced the industrial era 4.0 where people are now more popular to carry out various financial transactions, both the process of buying and selling and other financial transactions through digital transactions. This digital transaction is run by an information system and is provided with special software that runs it. Damage to computer devices and software can cause all kinds of damage. This damage can cause someone to experience damage or loss due to damaged hardware or software, one or more of the following legal areas can provide recovery; such as contract law; technology law; consumer protection; and product liability. This article is to examine the doctrine of product liability and negligence cannot be applied to malware-embedded software. The approach of the research method used in this article is normative juridical. The normative juridical approach is an approach carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research.</p> Ayup Suran Ningsih ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29157 Thu, 18 Apr 2019 16:04:30 +0000 Law Enforcement, Military Discipline, and the Notion of Military Justice: Building a Case for the Constitutional Rights of Service Personnel in Nigeria https://journal.unnes.ac.id/sju/index.php/jils/article/view/28967 <p style="text-align: justify;">Law enforcement is the pivot on which every society and institution stands and essentially survives on. An institution where enforcement of the law is in abeyance will surely not endure, as whatever goals are set is condemned to smoulder in total indiscipline. Without doubt, no institution would want to set off on that footing.&nbsp;However, where law enforcement takes place in a special institution like the Military, its deployment is bound to raise deep questions regarding the Constitutional rights of the accused persons. Over the years, the Nigerian Military appear to have been caught in this miasma in which the Constitutional rights of its service men has remained trapped in the notion of upholding Military discipline. It is to this end that this paper appraises the question of law enforcement in the Nigerian Military, querying its attitude towards the safeguards of these rights, and accordingly building a case for a new and better regime, in which Constitutional rights of Service personnel are not only guaranteed, but regarded as pre-eminent.</p> Olusola Babatunde Adegbite ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/28967 Thu, 18 Apr 2019 16:15:14 +0000 Penal Policy on Assets Recovery on Corruption Cases in Indonesia https://journal.unnes.ac.id/sju/index.php/jils/article/view/28224 <p style="text-align: justify;">Corruption is an extraordinary crime whose impact on actions can undermine a country, corruption is increasingly becoming increasingly common. Even though not a few of the former state officials or state officials until all the villages have felt how fierce the law enforcers, especially the KPK arrested them all, either hand-grabbing operations or the development of public reporting, impressed by them all were endless corruptors kept appearing , Law enforcement in this modern era is not only concerned with prosecution and prevention, in this case corruption is regulated by the return of state losses as asset recovery, which in turn will maximize the return of state losses from corruptors. As for the problems of this study are: 1. Why is the politics of criminal law (strafrechtpolitiek) in the framework of restoring state losses not significant with the real state losses due to criminal acts of corruption? 2. How is the politics of criminal law ideally (strafrechtpolitiek) implemented so that the maximum return on state losses due to corruption? The benefits of research consist of theoretical benefits and practical benefits. Theoretical benefits are expected to contribute to theoretical thinking in criminal law, especially concerning the politics of criminal law in the context of eradicating criminal acts of corruption. Practical benefits are expected to be able to provide information scientifically to the public both in general and specifically. This study uses a descriptive legal approach that is supported by primary, secondary and tertiary data obtained from documentation and literature studies then analyzed using qualitative descriptive analysis methods. The results showed that the Politics of Criminal Law in the Framework of Returning State Losses due to Corruption in Indonesia was not maximal, as evidenced by the lack of maximum or no maximum return on state losses for corruption, therefore recommendations on simplifying regulations in terms of early prevention or since In the beginning of corruption cases which caused a lot of damage to the state's financial need, there was a special formulation so that the handling could be maximized to restore state losses in corruption.</p> Sugeng Wahyudi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/28224 Tue, 23 Apr 2019 00:00:00 +0000 The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia https://journal.unnes.ac.id/sju/index.php/jils/article/view/23339 <p>Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with&nbsp; Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in&nbsp; Pati District Court.</p> Wikan Sinatrio Aji ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/23339 Tue, 23 Apr 2019 06:19:37 +0000 The Completion Pattern of Adultery Case Based on the Customary Law of Sabunese https://journal.unnes.ac.id/sju/index.php/jils/article/view/26962 <p>Adultery, according to Sabu Society is relations between a man who is bound a custom matrimony or religious marriage with a woman who is bound a matrimony or one of them has bound in a matrimony. Adultery, based on the positive law is ruled in chapter 284 book of Undang-Undang Hukum Pidana (KUHP). Chapter 284 KUHP has the point that a man or woman who has been married and doing adultery (overspel). The point in chapter 284 KUHP has similarity with the point in customary law of Sabunese, namely adultery is conducted with someone (man or woman) who has been joined in matrimony. Based on the research has been done, it found that the people of Sabu is prefer to completing adultery customarily because of some factors, that is: sanction and serious fine, it is normally using the completion customarily with the people of Sabu,the justice law based on the people of Sabu, the effect of completion and completion pattern. Two patterns of completion which appears in completion process of adultery based on the customary law of Sabu is the completion pattern in kinship way which are preventing and protecting.</p> Gery Mario Paulus, Jimmy Pello, Aksi Sinurat ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/26962 Thu, 02 May 2019 00:00:00 +0000 Law Enforcement Policy on Violation of Illegal Cigarette Circulation in Indonesia (Study on Indonesian Customs Directorate General) https://journal.unnes.ac.id/sju/index.php/jils/article/view/29176 <p>The tax regulation is subject to a criminal act, then the Government in this Directorate of the General of Customs and Excise supervision, the circulation of illegal cigarettes.&nbsp;This research was conducted by the Directorate General of Customs and Excise as well as a crackdown on illegal cigarettes.&nbsp;This research uses the juridical normative method.&nbsp;Results of the study concludes as follows: first, the examination of the goods, examination of the goods, building or other place, letter or document to the goods, or against the people, against the Enforcement of goods and means of transport;&nbsp;and Locking, sealing, and / or sticking a necessary safeguards against goods or means of transport.&nbsp;Second, the efforts of the Directorate General of Performance and Surveillance, Dissemination, coaching against the cigarette companies, opening up information services and billing, complaints against criminal acts of illegal cigarettes.</p> Cahyo Baskoro Indra Maulana ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29176 Mon, 06 May 2019 04:19:38 +0000 Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia https://journal.unnes.ac.id/sju/index.php/jils/article/view/29315 <p>Crimes committed by juveniles today continue to grow, as well as various law enforcement approaches. Juveniles as legal subjects have special attention not only in matters of children’s rights but also in the punishment of children. Various crimes committed by juveniles occur a lot and lead to no longer what is called juvenile delinquency, but a serious crime. The Child Protection Act and the Child Criminal Justice System Law explicitly regulate the protection of children’s rights in the context of human rights. Fostering sanctions for juveniles are one of the ways that are encouraged compared to providing severe criminal sanctions, while here another criminal law is a double-edged sword and ultimum remedium. This paper examines efforts to guide children as an alternative sanction in juvenile criminal law. Studies in this paper include studies of Child Criminal Law, Criminal Law, Human Rights, and the Law on Child Protection.</p> Ratri Novita Erdianti, Sholahuddin Al-Fatih ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29315 Mon, 06 May 2019 00:00:00 +0000 Progress and Decline of Legal Thought: Ex-Corruptor as a Legislative Candidate (Analysis of General Election Commission Regulation (PKPU) No. 20/2018) https://journal.unnes.ac.id/sju/index.php/jils/article/view/29690 <p>KPU Regulation Number 20 the Year 2018 is one of the rules that must be adhered to regarding legislative candidates who will be registered as participants in the legislative elections. The KPU regulation was decided by the Supreme Court as a statutory regulation that is not in accordance with the laws and regulations related to the election on it. In fact, normatively, the provisions in the KPU Regulation are in accordance with the rules for the formation of legislation. Normatively, banning legislative candidates who are former prisoners of corruption is a progressive effort from the government to create a government free of corruption. The prohibition does not violate the concept of human rights protection.</p> Emanuel Raja Damaitu ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29690 Mon, 06 May 2019 13:47:27 +0000 Promoting the Right to Education through A Card: A Paradox of Indonesia’s Educational Policy? https://journal.unnes.ac.id/sju/index.php/jils/article/view/26973 <p>In 2015, the Indonesian government unveiled the Smart Indonesia Program, or Program Indonesia Pintar (PIP). The program consisted of educational subsidies through cash transfers exclusively granted to students aged from 6 to 21 years old from poor families. This paper examines the role of the PIP subsidy pertaining to the fulfilment of the right to education. As a consequence, it resulted in a competing account between cash transfers and the minimum standard of government duties to fulfil the need for adequate educational support. There is a paradox in the government’s educational policy on the fulfilment of human rights to education in dealing with the PIP program. While educational complexities faced in remote areas cannot be hindered and it is granted not solely to students from vulnerable families. Such discrepancies in programs circumstantially affirm that the government ignores the root of Indonesia’s educational problems, including providing free education as its obligation to human rights. The research conducted concludes by suggesting the government to evaluate the current policies by considering budget priorities and the efficiency of providing inclusive education.</p> Muhammad Bahrul Ulum, Dina Tsalist Wildana ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/26973 Mon, 06 May 2019 14:45:02 +0000 The Position of Women in International Relationship: A Book Review Gender & Hubungan Internasional, Ani Seotjipto, Jalasutra Bandung, 2013, 320 pages, ISBN 978-602-825-293-5 https://journal.unnes.ac.id/sju/index.php/jils/article/view/30175 <p>This book also includes various forms of examples of statements of international agreements between countries such as: Singapore Declaration of 1992, Scale of Assessments, Rule of Procedure of the General Assembly, Resolution 1514 (XV): Declaration on the Granting of Independence to Colonial Countries and Peoples, Resolution 1514 (XV): Principles Which Should Be a Guide for Determining whether or not An Obligation Existence to Information of the Charter of the United Nations, and Declaration of Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations. This book explains how to look at international relations in terms of gender as well as feminism, mostly in this book discussing women and their human rights in international relations in the world. The author wrote this book based on his perspective as a subject of women's law to international law. This book uses language that is easily understood and understood by students so it is very helpful in learning activities and very helpful in giving references in making lectures related to international relations.</p> Ridho Dwiky Tastama ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/30175 Tue, 07 May 2019 01:34:53 +0000