Daftar Jurnal Penerbit Universitas Negeri Semarang
Not a member yet
6929 research outputs found
Sort by
The Role of Religious Courts in Settling Sharia Economic Disputes in Indonesia: Genealogy Analysis of Constitutional Court Decision Number 93/PUU-X/2012
No full textFor more than five decades (Since the implementation of Law Number 3 of 2006, which expanded the jurisdiction of religious courts to resolve Sharia economic disputes, there have been various debates regarding the effectiveness and implementation of this policy. Constitutional Court Decision Number 93/PUU-X/2012 clarified the legal position of religious courts, affirming their exclusive authority to adjudicate Sharia economic disputes. Therefore, this research provides an examination of the evolution of Religious Courts and their authority in resolving Sharia economic disputes following Constitutional Court Decision Number 93/PUU-X/2012, and the implications of implementing this decision. This study is normative research using historical, statutory, and conceptual approaches. The findings of this study indicate that the constitutional evolution of Religious Courts in resolving Sharia economic disputes in Indonesia has made significant progress. Their jurisdiction has been expanded by laws such as Number 3 of 2006 and Number 50 of 2009, which grant authority in Sharia economics and Sharia banking disputes. Constitutional Court Decision Number 93/PUU-X/2012 eliminated the legal dualism of the controversial provisions in Law Number 21 of 2008, ensuring legal clarity and consistency in upholding justice in Sharia economic cases. Following Constitutional Court Decision Number 93/PUU-X/2012, Religious Courts in Indonesia possess absolute authority in resolving Sharia economic disputes. The resolution of Sharia economic disputes by Religious Courts is expected to provide justice and welfare for the parties involved in the disputes
Establishing Indonesia’s Personal Data Protection Agency: Comparative Administration Sanctions Enforcement from Ireland, Australia, and Singapore
No full textIn the digital era, technological advancements have enabled governments and corporations to streamline services and expand market reach, often leading to the collection and transfer of personal data without the knowledge of data subjects. This poses significant risks to constitutional rights. Indonesia’s Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) aims to address these risks, yet frequent data breaches indicate ineffective enforcement of administrative sanctions due to the absence of an independent authority. This study analyzes the urgency of establishing a Personal Data Protection Agency in Indonesia, evaluates current sanctions under the PDP Law, and compares the enforcement mechanisms of data protection agencies in Ireland, Australia, and Singapore. Using a normative legal approach with qualitative methods, the research finds that these countries’ independent agencies effectively enforce data protection laws and administrative sanctions. The study reveals significant enforcement shortcomings in Indonesia, underscoring the need for a dedicated authority to prevent violations and protect personal data rights. By adopting best practices from Ireland, Australia, and Singapore, Indonesia can enhance its data protection framework. Immediate action by the President to establish this authority through a Presidential Regulation is crucial for safeguarding personal data in the digital age
Balancing Pharmaceutical Innovation, Protection for Local Industries, and Potential Evergreening: An Analysis of Indonesia\u27s Patent Law Amendments
Get PDFRecent changes to the Patent Law in Indonesia have sparked discussion regarding efforts to balance pharmaceutical innovation, protection of local industries, and the potential for evergreening practices. This study is a doctrinal research that uses a multi-approach analysis to examine the interaction between these variables in the context of Patent Law Number 65 of 2024. The study draws on literature reviews, theories and concepts related to drug patents, the pharmaceutical industry, the right to affordable medicine, and the evergreening. The research also includes an analysis of relevant laws and regulations, including the Patent Law before and after the amendment, to identify the changes and the underlying legal politics. The results show that the removal of Article 4 (f) of the Patent Law, which previously excluded certain inventions as inventions, may open up opportunities for the evergreening. However, the government argues that the deletion aims to protect local pharmaceutical companies and broaden the definition of invention. This study critically examines these claims, taking into account the readiness of the local pharmaceutical industry to compete with multinational corporations. In addition, there is a need for a strict control mechanism to ensure the validity of the invention in the patent as well as an objective evaluation of the inventive step and its therapeutic value. This study concludes that without adequate planning, the extension of patent protection to minor modifications may prolong commercial dominance of drugs, open opportunities for evergreening practices and ultimately hinder public access to essential and affordable drugs
International Legal Regulations on Coastal Conservation of Coastal Boundary Lands Across National Borders in the Digital Era
Get PDFThe United Nations Convention on the Law of the Sea (UNCLOS) provides a comprehensive legal framework for protecting and preserving the marine environment, including coastal areas. This study examines the application of international legal regulations regarding coastal conservation and jurisdictional management of coastal lands between Indonesia and Malaysia in the digital era. Employing a normative and qualitative approach, the research analyzes secondary data from legal materials of both countries, using a comparative method to identify similarities, differences, and points of convergence between their legal systems. In Indonesia, digital transformation by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has enhanced transparency and efficiency in land management; however, policy adjustments are still needed for effective coastal ecosystem protection. Meanwhile, Malaysia, with its long and erosion-prone coastline, has implemented various laws and policies, including Coastal Zone Management (CZM), to address issues such as erosion and pollution. Although both countries face similar challenges and opportunities, their approaches differ. Indonesia needs to optimize its policies to effectively protect coastal ecosystems, while Malaysia requires adjustments in implementing its existing laws and policies. Challenges such as overlapping jurisdictional authority, funding limitations, and the need for stakeholder involvement remain significant obstacles. Therefore, successful coastal land management in both countries requires better integration of legal policies, environmental conservation efforts, and digital technology to achieve sustainable outcomes
The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice
Get PDFThis study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice
Balancing Trade and Sustainability: An Analysis of Sustainable Fisheries Management under the Indonesia-EFTA Comprehensive Economic Partnership Agreement
Get PDFAs trade in fish between Indonesia and the European Free Trade Association (EFTA) States intensifies under the Indonesia-EFTA Comprehensive Economic Partnership Agreement (IE-CEPA), it becomes paramount to harmonize international trade with sustainable fisheries management. This study delves into this crucial nexus, employing descriptive and analytical legal research methodologies. It scrutinizes the sustainable development provisions embedded within the IE-CEPA, examining how these trade regulations align with and support sustainable fisheries management principles. The study further investigates the compliance of Indonesia with these rules, focusing on the protection of marine fishery resources, the suppression of Illegal, Unreported, and Unregulated (IUU) fishing, and the promotion of sustainable fishing practices that safeguard fish stocks and marine ecosystems. Ultimately, this research underscores the potential for a positive synergy between trade liberalization and environmental stewardship, ensuring the long-term viability of fishery resources while fostering economic growth for both Indonesia and EFTA States
PERLINDUNGAN HUKUM TERHADAP TUNGGAKAN GAJI PEMAIN SEPAK BOLA PROFESIONAL DALAM KONTRAK KERJA DENGAN KLUB SEPAK BOLA BERDASARKAN ASAS LEX SPORTIVA
Get PDFThe sport of football in this day and age both on an international and national scale at this time has become a very large industry no longer just entertainment or sports facilities so that it is attractive to some entrepreneurs so that it also causes football to have a very close attachment to money, where there are player salaries that must be paid by clubs that have been listed in an employment contract agreement. However, in Indonesia itself there is often non-payment of professional soccer players\u27 salaries by their clubs. This happens because of the lack of protection and understanding of the law by professional soccer players regarding the rights they have. This study uses a normative juridical approach in the hope that it can provide an understanding of the Lex Sportiva principle for professional soccer players in Indonesia by also paying attention to the regulations in force in Indonesia
Impact of Constitutional Court Decision Number 78/PUU-XXI/2023 on Criminal Defamation or Insult in Indonesia
Get PDFFreedom of opinion is the right of every individual from birth which has been guaranteed by the constitution, In interaction in society it is undeniable that there are always things that cause problems and one of them is insult or defamation. The regulation of defamation in the criminal law system in Indonesia has been regulated in Articles 310-320 of the Criminal Code. In Article 310 paragraph (1) and paragraph (2) a person will be considered guilty of committing a criminal offense of insult or defamation according to the Criminal Code, Law Number 1 of 1946 concerning the Regulation of Criminal Acts, and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, On September 4, 2023 the petitioner in this case Haris Azhar, Fatiah Maulidiyanti and the Indonesian Legal Aid Foundation (YLBHI) filed a lawsuit with the Constitutional Court to examine Law Number 1 of 1946 concerning Criminal Law Regulations, the Criminal Code, and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions to the Constitution of the Republic of Indonesia Year 1945, The impact of the Constitutional Court decision Number 78/PUU-XXI/2023 on the criminal act of insult or defamation in Indonesia finally 14 or article 15 of Law Number 1 of 1946 was declared unconstitutional and non-binding, then the regulation of defamation or insult all became absolute complaint offenses
Legal Protection for Child Victims of Sexual Violence in Semarang: Analysis of Decision No. 431/Pid.Sus/2023/PN.Smg
Get PDFThis research seeks to explore the legal safeguards provided to child victims of sexual violence within the Semarang District Court. A qualitative method with a case study was used to analyze primary data from internal court documents. The results show that the Semarang District Court is committed to protecting child victims of sexual violence through existing policies and programs, such as the Child Protection Task Force, special children\u27s courtroom, and rehabilitation programs. Positive impacts of these policies and programs include a sense of security, access to healthcare services, trauma recovery, and stigma prevention. However, this study also found several challenges, such as a lack of human resources and budget, stigma and discrimination against victims, and the sexual objectification of children. Solutions offered to address these challenges include strengthening laws and policies, public education and awareness, and support from various parties. This research indicates that while there has been progress in the legal protection for child victims of sexual violence at the Semarang District Court, there are still areas requiring enhancement to ensure optimal protection for these victims.
LEGAL PROTECTION FOR CHILDREN WITH INTELLECTUAL DISABILITIES VICTIMS OF SEXUAL VIOLENCE IN THE INDONESIAN CRIMINAL LAW SYSTEM
Get PDFAnak Penyandang Disabilitas yang sering menjadi korban kekerasan seksual adalah anak penyandang disabilitas intelektual karena ketidakberdayaannya dan sering dikategorikan tidak mampu hukum. Disabilitas Intelektual adalah kondisi di mana seseorang dilahirkan dengan kecerdasan rendah atau IQ di bawah rata-rata sehingga ia tidak memiliki kemampuan untuk melakukan aktivitas sehari-hari. Aturan mengenai larangan melakukan tindak pidana kekerasan seksual terhadap Anak Penyandang Disabilitas diatur dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas. Rumusan masalah dalam penelitian ini adalah Bagaimana Melindungi Anak Penyandang Disabilitas Intelektual Korban Kekerasan Seksual. Dari permasalahan tersebut, penelitian ingin mengetahui bentuk perlindungan hukum dan bentuk pemulihan hak bagi anak penyandang disabilitas intelektual yang menjadi korban kekerasan seksual. Metode penelitian menggunakan Pendekatan Penelitian Kualitatif dengan Jenis Penelitian Yuridis Normatif dengan menggunakan sumber data sekunder, teknik pengumpulan data menggunakan studi pustaka. Uji validitas data menggunakan teknik triangulasi data. Analisis data dengan cara pengumpulan data, reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa perlindungan hukum bagi anak penyandang disabilitas intelektual sebenarnya telah diatur dalam Peraturan Perundang-undangan Indonesia. Namun, masih terdapat kendala dalam penegakan hukum, koordinasi antar lembaga, dan pemenuhan kebutuhan khusus bagi anak penyandang disabilitas intelektual yang masih belum sesuai dengan peraturan perundang-undangan. Kenyataan bahwa banyak anak penyandang disabilitas tidak mendapatkan bantuan hukum dan penerjemah bahasa dalam proses hukum tidak sesuai dengan prinsip-prinsip keadilan yang diatur dalam undang-undang, antara lain Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas yang menekankan pentingnya keadilan bagi semua pihak tanpa diskriminasi