Pub Date : 2021-03-24DOI: 10.15294/ijals.v3i1.45728
Yuli Prasetyo Adhi, T. Triyono, Muhyidin Muhyidin
Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.
{"title":"Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction","authors":"Yuli Prasetyo Adhi, T. Triyono, Muhyidin Muhyidin","doi":"10.15294/ijals.v3i1.45728","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.45728","url":null,"abstract":"Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127881693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-15DOI: 10.15294/ijals.v3i1.42127
Rindia Fanny Kusmaningtyas, S. Rahayu, A. Hidayat
High School (SMK) is one of the educational institutions responsible for creating human resources that have skills so that at the time of graduation can develop performance in the world of work. most vocational school students who take multimedia corner where currently have spawned creative works. The existence of Law Number 28 of 2014 concerning Copyright is very important for the existence of legal protection for the copyrighted works of SMK students in the multimedia field. Because of the importance of understanding copyright and its legal protection. The targets of this activity are students of SMK N 1 Demak majoring in Multimedia, which are expected to develop their potential in finding creative works and knowing their benefits and legal protection. The method used in overcoming problems regarding developing the potential of SMK students in creating creative works. So that SMK students know the legal protection and benefits of copyrighted works and understand things that can be categorized as copyright works, who has the right to be the copyright holder, and what actions can violate Rights in accordance with Law Number 28 of the Year 2014 concerning Copyright. The steps taken to address the issues described above are: (1) Development or socialization of copyright recognition; dan (2) Coaching in developing the potential of vocational school students in creating copyrighted works.
高中(SMK)是负责培养具有技能的人力资源的教育机构之一，以便在毕业时能够在工作世界中发展绩效。大部分中职学生的多媒体角目前都在那里催生了创意作品。2014年关于著作权的第28号法律的存在对于SMK学生在多媒体领域的版权作品的法律保护的存在非常重要。因为理解版权及其法律保护的重要性。本次活动的对象是SMK N 1 Demak多媒体专业的学生，希望他们在寻找创意作品、了解其利益和法律保护方面发挥潜力。这种方法是用来克服在开发SMK学生创作作品的潜力方面存在的问题。让SMK学生了解版权作品的法律保护和利益，了解哪些东西可以被归类为版权作品，谁有权利成为版权持有人，以及哪些行为会违反2014年第28号关于版权的法律。为解决上述问题所采取的步骤有:(1)版权承认的发展或社会化;(二)指导发展职业学校学生创作版权作品的潜力。
{"title":"Copyright Application for Students' Work at State Vocational High School 1 Demak Multimedia Majors","authors":"Rindia Fanny Kusmaningtyas, S. Rahayu, A. Hidayat","doi":"10.15294/ijals.v3i1.42127","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.42127","url":null,"abstract":"High School (SMK) is one of the educational institutions responsible for creating human resources that have skills so that at the time of graduation can develop performance in the world of work. most vocational school students who take multimedia corner where currently have spawned creative works. The existence of Law Number 28 of 2014 concerning Copyright is very important for the existence of legal protection for the copyrighted works of SMK students in the multimedia field. Because of the importance of understanding copyright and its legal protection. The targets of this activity are students of SMK N 1 Demak majoring in Multimedia, which are expected to develop their potential in finding creative works and knowing their benefits and legal protection. The method used in overcoming problems regarding developing the potential of SMK students in creating creative works. So that SMK students know the legal protection and benefits of copyrighted works and understand things that can be categorized as copyright works, who has the right to be the copyright holder, and what actions can violate Rights in accordance with Law Number 28 of the Year 2014 concerning Copyright. The steps taken to address the issues described above are: (1) Development or socialization of copyright recognition; dan (2) Coaching in developing the potential of vocational school students in creating copyrighted works.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125909271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-15DOI: 10.15294/ijals.v3i1.45597
Shahzeb Shahid
This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.
本文试图对伊斯兰教法下的强奸罪的性质进行考察，以便根据伊斯兰教法对这一罪行采取更严厉的行动。由于神圣的《古兰经》没有直接处理强奸罪，因此，法学家对强奸罪的问题存在广泛的分歧。强奸不是一个单一维度的问题，因此，本文旨在阐明与强奸有关的问题，如强奸是否是一种单独的犯罪?什么时候性交会构成强奸?伊斯兰教对一个被迫实施强奸的人规定了什么惩罚?伊斯兰教允许被强奸的妇女堕胎吗?为什么伊斯兰教不存在婚内强奸?强奸犯是否可以被判鞭刑、监禁或死刑，作为t azir或syasah?本文找出伊斯兰法律下的“奸淫”是什么，因为在伊斯兰法学中，只有强迫的“奸淫”才被视为强奸。因此，本文将强奸与吉娜归为一类。将强奸归类为吉娜的一个子集，只能整理出由强迫吉娜所产生的法律问题。然而，一些现代学者为了规避“奸淫罪”的严格举证程序，将强奸归为“奸淫罪”的范畴。这篇论文说，没有必要把强奸归为Hirabah的范畴，因为伊斯兰法律允许统治者或立法机构将鞭打或死刑的惩罚定为Tazir或Syasah，而无需等待四名虔诚的穆斯林男性目击者，并对申诉人施加Hadd of Qadaf(诽谤)。最后，本文探讨了可能采取的措施，以便将这种犯罪扼杀在萌芽状态。
{"title":"Sterner Response toward Rape in line with Islamic Law: Special Reference to Pakistan","authors":"Shahzeb Shahid","doi":"10.15294/ijals.v3i1.45597","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.45597","url":null,"abstract":"This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapists may be awarded the punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced Zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. However, Some modern scholars put rape in a category of Hirabbah crime in order to circumvent the strict evidentiary procedure of Zina(fornication) crime. This paper depicts that there is no need to put rape in the domain of Hirabah because Islamic law permits the ruler or legislation to award punishment of lashes or death as Tazir or Syasah without waiting for the four pious Muslim male eye witness and inflicting Hadd of Qadaf(slander) to the complainant. Finally, this paper is exploring the options that may be taken in order to nip this crime in the bud.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126025837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-15DOI: 10.15294/ijals.v3i1.40721
Dewi Sulistianingsih, Muhammad Shidqon Prabowo, Martitah Martitah
Homeworkers are work that is done at home either on the basis of orders from others or doing on the basis of oneself. This type of work is referred to as informal workers, which is clearly difficult to obtain legal protection. Labor laws in Indonesia provide legal protection for both formal and informal workers, but the practice for informal workers is difficult to obtain legal protection. This program aims to describe and analyze the legal protections of women homeworkers in Semarang City in their efforts to make their families prosperous. This program uses socialization methods, interviews, observation and documentation. This program is conducted in the city of Semarang. The results of this program can be seen that the protection of homeworkers is still very minimal, especially for independent homeworkers. The implementation of statutory regulations has not been optimal, especially in manpower laws. The government is still not optimal in providing legal protection for informal workers, especially for homeworkers. Low wages, long working hours and the absence of health insurance are among the elements that homeworkers need to improve and increase in their efforts to make their families welfare. In the effort to achieve welfare for homeworkers' families, it is necessary to carry out supervision and guidance for homeworkers. Supervision and guidance can be carried out by the central government, local governments, non-governmental organizations, the academic community, observers of labor.
{"title":"How Legal Protection of Women in Home Workers Improving Family Welfare?","authors":"Dewi Sulistianingsih, Muhammad Shidqon Prabowo, Martitah Martitah","doi":"10.15294/ijals.v3i1.40721","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.40721","url":null,"abstract":"Homeworkers are work that is done at home either on the basis of orders from others or doing on the basis of oneself. This type of work is referred to as informal workers, which is clearly difficult to obtain legal protection. Labor laws in Indonesia provide legal protection for both formal and informal workers, but the practice for informal workers is difficult to obtain legal protection. This program aims to describe and analyze the legal protections of women homeworkers in Semarang City in their efforts to make their families prosperous. This program uses socialization methods, interviews, observation and documentation. This program is conducted in the city of Semarang. The results of this program can be seen that the protection of homeworkers is still very minimal, especially for independent homeworkers. The implementation of statutory regulations has not been optimal, especially in manpower laws. The government is still not optimal in providing legal protection for informal workers, especially for homeworkers. Low wages, long working hours and the absence of health insurance are among the elements that homeworkers need to improve and increase in their efforts to make their families welfare. In the effort to achieve welfare for homeworkers' families, it is necessary to carry out supervision and guidance for homeworkers. Supervision and guidance can be carried out by the central government, local governments, non-governmental organizations, the academic community, observers of labor.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120862701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-15DOI: 10.15294/ijals.v3i1.42290
A. Widyawati, Ridwan Arifin, Rasdi Rasdi
Law students are expected to have special abilities in the field of legal science, either in oral or oral. But in fact, the analytical skills of law students are not comparable to other abilities. Based on preliminary research conducted by the Proposer Team, it shows that out of 200 law students surveyed (Students of the Faculty of Law, Semarang State University), only 10 have written and conducted scientific publications in both national and international journals. Meanwhile, of the 200 people stated that students' critical abilities and analytical thinking are important, 184 people said that discussion forums are mandatory for law students, but in fact, of these 184 people, only 2 people followed up on the results of the discussion. . In other words, discussions conducted by students were not followed up in various forms of scientific studies and publications that could be read by many people. This program provides facilities for law students in in-depth critical analysis studies and criminal case studies related to human rights. In this program, students are expected to be able to have good analytical skills both in oral and verbal forms. Partners in this program are the law student community at Semarang State University. This program is expected to be able to solve partners' problems in the lack of critical analytical skills and case studies of criminal law as well as scientific publication of legal research results. The output of this program is expected to create a sustainable and sustainable activity related to critical analysis and legal case studies.
{"title":"Brain versus Reality: How Should Law Students Think?","authors":"A. Widyawati, Ridwan Arifin, Rasdi Rasdi","doi":"10.15294/ijals.v3i1.42290","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.42290","url":null,"abstract":"Law students are expected to have special abilities in the field of legal science, either in oral or oral. But in fact, the analytical skills of law students are not comparable to other abilities. Based on preliminary research conducted by the Proposer Team, it shows that out of 200 law students surveyed (Students of the Faculty of Law, Semarang State University), only 10 have written and conducted scientific publications in both national and international journals. Meanwhile, of the 200 people stated that students' critical abilities and analytical thinking are important, 184 people said that discussion forums are mandatory for law students, but in fact, of these 184 people, only 2 people followed up on the results of the discussion. . In other words, discussions conducted by students were not followed up in various forms of scientific studies and publications that could be read by many people. This program provides facilities for law students in in-depth critical analysis studies and criminal case studies related to human rights. In this program, students are expected to be able to have good analytical skills both in oral and verbal forms. Partners in this program are the law student community at Semarang State University. This program is expected to be able to solve partners' problems in the lack of critical analytical skills and case studies of criminal law as well as scientific publication of legal research results. The output of this program is expected to create a sustainable and sustainable activity related to critical analysis and legal case studies.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129601680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-15DOI: 10.15294/ijals.v3i1.45571
Ogochukwu Harrison Amede, K. Ejumudo
The study examined the problem of disaster management in Nigeria using Bayelsa State as a case study. Four null hypotheses were raised and tested at a 0.05 level of significance. The study adopted the descriptive survey design and sample sizes of 300 adults were drawn from fifteen (15) affected communities in Bayelsa State. The instrument used for data collection was a disaster management questionnaire and the data were analyzed using chi-square. The finding of the study revealed that there is a significant relationship between poor integrated policy and action plan as well as weak institutional capacity and collaboration of disaster management agencies and effectiveness of disaster management in Bayelsa State. The study clearly showed that there is a significant relationship between poor commitment and piece-meal approach by the multi-layered levels of government as well as poor stakeholders’ participation and synergy and effectiveness of disaster management in Bayelsa State. The study recommended among others that long-term monitoring and surveillance mechanism; continuous provision of infrastructure for the host communities by prospecting oil companies; adequate funding by governmental and non-governmental and the development of a national oil spill contingency plan should be adopted and deployed with an eye to guaranteeing sustainable development of the environment in the region.
{"title":"The Problematic of Disaster Management Law and Policy in Nigeria: A Study of Bayelsa State","authors":"Ogochukwu Harrison Amede, K. Ejumudo","doi":"10.15294/ijals.v3i1.45571","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.45571","url":null,"abstract":"The study examined the problem of disaster management in Nigeria using Bayelsa State as a case study. Four null hypotheses were raised and tested at a 0.05 level of significance. The study adopted the descriptive survey design and sample sizes of 300 adults were drawn from fifteen (15) affected communities in Bayelsa State. The instrument used for data collection was a disaster management questionnaire and the data were analyzed using chi-square. The finding of the study revealed that there is a significant relationship between poor integrated policy and action plan as well as weak institutional capacity and collaboration of disaster management agencies and effectiveness of disaster management in Bayelsa State. The study clearly showed that there is a significant relationship between poor commitment and piece-meal approach by the multi-layered levels of government as well as poor stakeholders’ participation and synergy and effectiveness of disaster management in Bayelsa State. The study recommended among others that long-term monitoring and surveillance mechanism; continuous provision of infrastructure for the host communities by prospecting oil companies; adequate funding by governmental and non-governmental and the development of a national oil spill contingency plan should be adopted and deployed with an eye to guaranteeing sustainable development of the environment in the region.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115445764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-05DOI: 10.15294/ijals.v3i1.34799
Berlian Putri Haryu Lestari
The environment consists of places or places, where there are various places of life such as the environment, natural environment, and others, in this book, explains that the environment is a place to live for the community, so do not be surprised if there are special requests or requests for the stability of nature. Direct Environment with nature, we can discuss the purpose of Environmental Law in this book because it has a language that is easily understood by every circumstance. In Chapter 1, this book explains about the Definition and Regulation of Environmental Law, What Is Environmental Law? According to this book, this proves that environmental law in a simple sense is the law that regulates the environmental order (Munadjat, 1980: 105). This book contains opinions about the term Environment that forms a new concept in Legal Science
{"title":"Environment and Law, What Is the Indonesian Context? A Review Book 'Hukum Lingkungan Sebuah Pengantar untuk Konteks Indonesia', Prof. Dr. H. M. Hadin Muhjad, SH., M.Hum., PT Genta Publishing, Yogyakarta, 2015, 232 pages, ISBN: 978-602-1500-25-5","authors":"Berlian Putri Haryu Lestari","doi":"10.15294/ijals.v3i1.34799","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.34799","url":null,"abstract":" The environment consists of places or places, where there are various places of life such as the environment, natural environment, and others, in this book, explains that the environment is a place to live for the community, so do not be surprised if there are special requests or requests for the stability of nature. Direct Environment with nature, we can discuss the purpose of Environmental Law in this book because it has a language that is easily understood by every circumstance. In Chapter 1, this book explains about the Definition and Regulation of Environmental Law, What Is Environmental Law? According to this book, this proves that environmental law in a simple sense is the law that regulates the environmental order (Munadjat, 1980: 105). This book contains opinions about the term Environment that forms a new concept in Legal Science","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126802577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-05DOI: 10.15294/ijals.v3i1.34771
Safari Dwi Chandra
Human needs to live in an orderly, harmonious, harmonious, and peaceful manner are still maintained in accordance with applicable law. To provide security to every citizen, law enforcement officials need to take action by carrying out legal proceedings against criminal offenders. The implementation of legal proceedings against criminal offenders is in a system consisting of related subsystems called the criminal justice system or in the English Criminal Justice System. This book is divided into four chapters, an introduction; children in conflict with the law; juvenile criminal justice; the development of the concept of diversion, and restorative justice. Actually, this book only discusses one important point, namely regarding chapter 4, the development of the concept of diversion and restorative justice. However, the author makes the translation first by writing chapters 1 through chapter three.
{"title":"How Juvenile Criminal Justice System in Indonesia Works? A Book Review 'Peradilan Pidana Anak di Indonesia', Marlina, PT Refika Aditama, Jakarta, 2009, 232 Pages, ISBN 9798-602-8650-06-9","authors":"Safari Dwi Chandra","doi":"10.15294/ijals.v3i1.34771","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.34771","url":null,"abstract":"Human needs to live in an orderly, harmonious, harmonious, and peaceful manner are still maintained in accordance with applicable law. To provide security to every citizen, law enforcement officials need to take action by carrying out legal proceedings against criminal offenders. The implementation of legal proceedings against criminal offenders is in a system consisting of related subsystems called the criminal justice system or in the English Criminal Justice System. This book is divided into four chapters, an introduction; children in conflict with the law; juvenile criminal justice; the development of the concept of diversion, and restorative justice. Actually, this book only discusses one important point, namely regarding chapter 4, the development of the concept of diversion and restorative justice. However, the author makes the translation first by writing chapters 1 through chapter three. \u0000 ","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121978228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-05DOI: 10.15294/ijals.v3i1.34789
Floribertus Bujana Adi Pradana
For a long time, the issue of the state of law and human rights has always been debated among state legal experts and political thinkers. The purpose is to find an ideal concept about the state of law and the protection of human rights. However, for centuries, the concept of the state of law and the protection of human rights that are considered ideal has always been a debate. Moreover, so far there has been an impression that understanding human rights protection is superficially understood because it is only seen as mere moral guidelines. That understanding is wrong understanding because the understanding is not only on the moral order but also on the legal order. The facts show that, as a result of a superficial understanding of human rights, respect and also the enforcement of human rights are often not carried out properly as envisioned by a state of law. Based on this fact, this book has been compiled by referring to various literatures on constitutional law, political science and philosophy, which also describe the concept of the state of law and human rights, the concept of sovereignty and democracy, and the concepts of protection and the enforcement of human rights. Thus, the reader's understanding of the concept of the state of law and human rights can be understood in its entirety The understanding is not only in the concept of the state of law in legal formal way, but also in understanding more theoretical and philosophical concepts. Likewise, the understanding of human rights is also not only about conceptual understanding, but also understanding in the form of respect and protection of human rights implemented through the enforcement of human rights law.
{"title":"How are Human Rights in the Concept of a State? A Review Book 'Negara Hukum dan Asasi Manusia', Dr. Bahder Johan Nasution, S.H., SM., M.Hum., CV Mandar Maju, Bandung, 2017, 286 pages, ISBN: 978-979-538-382-6","authors":"Floribertus Bujana Adi Pradana","doi":"10.15294/ijals.v3i1.34789","DOIUrl":"https://doi.org/10.15294/ijals.v3i1.34789","url":null,"abstract":"For a long time, the issue of the state of law and human rights has always been debated among state legal experts and political thinkers. The purpose is to find an ideal concept about the state of law and the protection of human rights. However, for centuries, the concept of the state of law and the protection of human rights that are considered ideal has always been a debate. Moreover, so far there has been an impression that understanding human rights protection is superficially understood because it is only seen as mere moral guidelines. That understanding is wrong understanding because the understanding is not only on the moral order but also on the legal order. The facts show that, as a result of a superficial understanding of human rights, respect and also the enforcement of human rights are often not carried out properly as envisioned by a state of law. Based on this fact, this book has been compiled by referring to various literatures on constitutional law, political science and philosophy, which also describe the concept of the state of law and human rights, the concept of sovereignty and democracy, and the concepts of protection and the enforcement of human rights. Thus, the reader's understanding of the concept of the state of law and human rights can be understood in its entirety The understanding is not only in the concept of the state of law in legal formal way, but also in understanding more theoretical and philosophical concepts. Likewise, the understanding of human rights is also not only about conceptual understanding, but also understanding in the form of respect and protection of human rights implemented through the enforcement of human rights law.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131655223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-16DOI: 10.15294/ijals.v2i2.38148
Z. Aditya, Sholahuddin Al-Fatih
Judicial corruption practices in Indonesia have been going on for long time. Even, according to Transparency International survey (2007), the judiciary in Indonesia ranks highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is juricial-normative research which are using the statute approach and conceptual approach. From this research, it can be seen that, Typically, corrupt practices have been initiated since the registration of the cases, the establishment of judges panel, summoning witnesses and experts, negotiationg decisions and cost of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employess in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through whistleblowing system. In this way, the public can monitoring in real-time the trial process starting from registration fee litigation, the process of litigation until post-verdict.
{"title":"Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices","authors":"Z. Aditya, Sholahuddin Al-Fatih","doi":"10.15294/ijals.v2i2.38148","DOIUrl":"https://doi.org/10.15294/ijals.v2i2.38148","url":null,"abstract":"Judicial corruption practices in Indonesia have been going on for long time. Even, according to Transparency International survey (2007), the judiciary in Indonesia ranks highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is juricial-normative research which are using the statute approach and conceptual approach. From this research, it can be seen that, Typically, corrupt practices have been initiated since the registration of the cases, the establishment of judges panel, summoning witnesses and experts, negotiationg decisions and cost of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employess in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through whistleblowing system. In this way, the public can monitoring in real-time the trial process starting from registration fee litigation, the process of litigation until post-verdict.","PeriodicalId":333015,"journal":{"name":"Indonesian Journal of Advocacy and Legal Services","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123470045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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