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) Sat, 30 Nov 2019 09:16:26 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 Indonesia Response and Recent Development of Law and Policy in Addressing Marine Plastic Litter https://journal.unnes.ac.id/sju/index.php/jils/article/view/34757 <p style="text-align: justify;">Marine plastic litter is one of the major problems that undermine the Indonesian Government’s vision for making the sea as the future for the Indonesian nation. Marine areas of Indonesia are endangered by the massive plastic pollution, which is causing serious marine environmental problems. Indonesia is referred to as the biggest source of plastic waste in Southeast Asia and second biggest in the world. Indonesia government through Presidential Decree No. 7/2017 has established National Plan of Action (NPOA) on Marine Plastic Debris Management to strengthen the Indonesian commitment in reducing marine plastic litter. Furthermore, the Indonesian government also enacted Presidential Regulation No. 83/2018 on Handling Marine Litter. Thus, the present study argues that it is of paramount necessity to assess the impact of the legal framework regulating marine plastic litter in Indonesia in order to identify the lacuna in the existing legislative and policy framework for dealing with marine environmental pollution caused by marine plastic litter.</p> Maruf Maruf ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34757 Sun, 03 Nov 2019 00:00:00 +0000 DNA Profiling and the Challenges of Crime Management in Nigeria: The Case of The Nigeria Police Force https://journal.unnes.ac.id/sju/index.php/jils/article/view/29446 <p style="text-align: justify;">This research investigated DNA profiling and crime management in Nigeria. The major objective of the study was to find out whether the Nigeria Police are aware of how to use DNA optimally as a source of evidence in the investigation process. In Nigeria, the Nigeria Police is one of the leading agencies statutorily charged with the responsibility of providing internal security through fighting of crime. The police does this job by undertaking criminal investigation with a view to collecting evidence to be used for courtroom prosecution of criminal suspects. Since 1930 the Nigeria Police was established, it has relied mainly on the traditional (<em>old school</em>) method of criminal investigations based on eye witness testimonies and statements, the investigators sense of judgement and experience. Overwhelming evidence from this research points to the fact that the said method has proven ineffective, as may unsolved crimes, wrongful prosecution or conviction of innocent criminal suspects and failed courtroom prosecution litter the performance profiles of the Nigeria Police. The study concluded that the capacity level of the Nigeria Police to collect and preserve the DNA evidence as part of the agency's criminal investigation process and use same for courtroom prosecution has significant effect on the effort it makes to fight crime through DNA profiling, and that the availability or non availability of sophisticated DNA technology in Nigeria has significant effect on the effort the Nigeria police makes to fight crime through DNA profiling. The availability or non availability of a central DNA database in Nigeria has significant effect on the efforts of the Nigeria police makes to fight crime through DNA profiling.</p> Ucheawaji Nathaniel Nte, Ngboawaji Daniel Nte, Bribena Kelvin Enokie, Onyeka Bienose ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29446 Sun, 03 Nov 2019 00:00:00 +0000 Legal Crisis and Trends of Mass Violence in Indonesia https://journal.unnes.ac.id/sju/index.php/jils/article/view/34671 <p style="text-align: justify;">This study aims to explore the reasons for the problems that trigger broader mass violence, both in the form of structural conditions in society as well as the factors that trigger crime and social dynamics that trigger mass violence. The main research method used is a qualitative approach to the type of research criminally. The results of the research show that at the end of this time the social integration ties that are owned by the community are not so strong that the provocateurs of violence in the community are able to ravage the solidarity that is intertwined within the community. The joints of democratic society which should function to normalize normal social-political interaction relations, in the end actually caused mass violence, such conditions create anomistic situations occur, members of society both individually and in groups are so easy to play their own way. Therefore, the legal institutions as a formal rule of the game and apply to everyone, are experiencing a crisis of authority. The fundamental reason why this happens is that there are often different legal decisions against each violator of the law. As a result, there is no certainty that the law is truly an objective norm that applies to all. People who have been relatively safe in the normalcy of their environment have turned into mutual suspicion. As a result of this, collective disappointment arises over legal institutions, so that losing motivation to obey the law people tend not to believe in the legal process, which results in acts of mass violence in the community.</p> Indah Sri Utari ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34671 Sat, 30 Nov 2019 00:00:00 +0000 The Darkest Phase for Family: Child Marriage Prevention and Its Complexity in Indonesia https://journal.unnes.ac.id/sju/index.php/jils/article/view/34708 <p style="text-align: justify;">The research is intended to examine how child marriage happened and the implementation of policy to prevent the child marriage. The research also examine some cases concerning to child marriage and its complex condition, especially in some area of Central Java, Indonesia. The method used to obtain the main data for the research is by interviewing and observing the main site location, at Munding Vilage Semarang Regency. Some related government offices also become one of the sources of data. The research emphasized that child marriage occurs because of the education of the bridegroom's children, the local culture of marriage at the age of the child is better than marriage in high school, economic factors of the child's family and social or environmental factors of the child. Impact of child marriages (women): vulnerable to divorce, psychological problems that are not yet stable in the management of the household, the breakup of formal education, reproductive health is not ready. The research highlighted that local culture is a challenge in opposing marriage at the age of the child. The research concluded that preventive efforts carried out by related institutions through education complaints in accordance with the main tasks of each related institution.</p> Dian Latifiani ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34708 Sat, 30 Nov 2019 00:00:00 +0000 How Should Student Behave? A Legal Ethics and Policy towards Nationalism and Anti-Radicalism Characters https://journal.unnes.ac.id/sju/index.php/jils/article/view/34343 <p style="text-align: justify;">The university has become an important place in the cultivation of character for generations in many countries. Many universities in the world also apply a variety of systems in making policies to shape the character of campus communities, including students. This study aims to analyze legal and ethical policies for students in fostering an attitude of nationalism and anti-radicalism. This study also aims to describe the various forms of implementation of student ethics policies that are applied in the Faculty of Law, Semarang State University, Indonesia. This study uses a qualitative method with direct data collection through observation and interviews. This study bases its analysis on the theory of the operation of Lawrence M Friedman's law. The results of this study indicate that legal and ethical policies for students are interpreted by a variety of different interpretations both between managers and students. Various cases of inequality of perception lead to pros and cons. However, this research proves that the implementation of legal ethics and student character policies have been regulated in various rules, both at the national level (ministerial regulation), university level (rector regulation), and faculty level (dean regulation) all of which emphasize on forming attitudes nationalism and anti-radicalism.</p> <p>&nbsp;</p> Rodiyah Rodiyah, Batari Laskarwati, Ali Masyhar, Waspiah Waspiah ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34343 Sat, 30 Nov 2019 00:00:00 +0000 Revocation of Political Rights of The Perpetrators of Criminal Acts of Corruption https://journal.unnes.ac.id/sju/index.php/jils/article/view/29689 <p style="text-align: justify;">The purposes of this paper are to identify and examine the revocation of political rights for corruptors as an extra-ordinary measure. The research showed that law enforcement through penal policies still have shortcomings such as light criminal sentence for perpetrators of criminal acts of corruption as well as lack of awareness among judges to apply the additional sentence of fixed-time revocation of rights. Penal law enforcement requires integral and sustainable policies through non-penal policies (prevention). Preventive efforts should be responsive to the demands of the community at large for officials who are clean, honest and who have integrity. Non-penal law shall be enforced through the concept of developing smart and integrity-based politics.</p> Maria Silvya E. Wangga, Pujiyono Pujiyono, Barda Nawawi Arief ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29689 Sun, 25 Aug 2019 00:00:00 +0000 Misdemeanor of Corruption within the Scope of International Law and the Legal Consequences https://journal.unnes.ac.id/sju/index.php/jils/article/view/29687 <p>Corruption is a threat to stability, national and international security, institutions, democracy, justice and endangering sustainable development and law enforcement. In an international perspective, corruption is classified into white-collar crime as a crime that occurs in government institutions. The paper analyses the corruption in the international law perspective. The paper is intended to examine more deep concerning to corruption in the global perspective and international law, and how are consequences into domestic law. The method used for analytical study of this paper by analyze some related theories concerning to corruption in international law perspective. The paper highlighted and underlined that corruption in the global context can be prevented by international cooperation and collaboration in many forms, one of is regional or bilateral agreement on combating corruption.</p> Ridwan Arifin, Siti Faridah, Mohammad Naefi ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/29687 Sun, 03 Nov 2019 00:00:00 +0000 Controversial Issues on the Making of Notarial Deed Containing Chained Promise (Beding Berantai) on the Freedom of Contract Principle https://journal.unnes.ac.id/sju/index.php/jils/article/view/31091 <p style="text-align: justify;">In carrying out the duties as a civil law notary, it is possible that they find himself/herself composing a deed containing chained promise (beding berantai). Departing from this background, it can be drawn that the formulation of the problem, among others, how is the position of chained promise (beding) in Indonesian civil law order and how is the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). Another controversial issue is the chained beding faced with the freedom of contract principle. The purpose of this research is to understand the position of chained promise (beding) in Indonesian civil law order and the role of civil law notary balancing legal protection for the parties in making deed containing chained promise (beding). To answer the questions, a juridical normative approach is conducted. To obtain legal materials needed, it is then carried out by searching, collecting and reviewing library materials, legislation, research results, scientific works and other written documents. Data obtained from the result of study will then be analyzed qualitatively. From the results of study, it is known that chained promise (beding berantai) is an instrument or a way to transfer rights/obligations arising from an agreement to the party that obtains rights based on a special title. Recommendations given to the stakeholders are, namely civil law notary themselves in carrying out their duties and positions so that he/she could pay more attention to the points represented in his/her product of authentic (notarial) deed.</p> David Tan ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/31091 Sun, 03 Nov 2019 00:00:00 +0000 Internationalization of Consumer Law: A Game Changer, Hans W. Micklitz and Mateja Durovic, Springer Nature Switzerland, 2017, 89 pages, ISBN 978-3-319-45312-5 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34770 <p>The book is titled <em>Internationalization of Consumer Law: A Game Changer</em> Written by Hans W. Miclitz and Mateja Durovic published by <em>Springer</em> in 2017. The book mainly talks about how consumer law has been applied in most countries with their own different standards. It also talks about the problems that arose from the laws that has been applied but it doesn’t provide solutions. The research conducted for this book only investigates how wide the application of consumer law is in the world. There are in total of 89 pages in this book divided into 6 chapters.</p> Rizqi Baktiara Amrullah ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34770 Sat, 30 Nov 2019 00:00:00 +0000 Internet and Crimes: How the Law Responds to Internet Based Crimes? A Book Review of ‘Aspek Hukum Penipuan Berbasis Internet’, Maskun & Wiwik Meilarati, CV Keni Media, Makassar, 2016, 238 Pages, ISBN 978-602-74375-5-5 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34772 <p>Various internet crimes such as cyberstalking, internet fraud, website scam, cyber aggression, cyber espionage, and child pornography are new types of crime that have evolved from various types of conventional crimes such as fraud and theft which previously could only be done physically have been switched by using only the internet. This book is expected to be academically useful for undergraduate students and the general public who want to find out about cybercrime and internet fraud specifically. With this kind of situation, it is needed a strong legal basis of law to not just ensure the people’s comfort and safety in using the internet but also to crack down the perpetrators assertively so that this action will not be repeated in the future.</p> Yehezkiel Lemuel ##submission.copyrightStatement## http://creativecommons.org/licenses/by-sa/4.0 https://journal.unnes.ac.id/sju/index.php/jils/article/view/34772 Sat, 30 Nov 2019 00:00:00 +0000