Semarang State University Undergraduate Law and Society Review最新文献

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International Criminal Court Jurisdiction Against Human Rights Violations by Philippine President After Withdrawal from Rome Statute 国际刑事法院对菲律宾总统退出《罗马规约》后侵犯人权行为的管辖权
Semarang State University Undergraduate Law and Society Review Pub Date : 2023-01-20 DOI: 10.15294/lsr.v3i1.57091
Neni Rakhmawati
{"title":"International Criminal Court Jurisdiction Against Human Rights Violations by Philippine President After Withdrawal from Rome Statute","authors":"Neni Rakhmawati","doi":"10.15294/lsr.v3i1.57091","DOIUrl":"https://doi.org/10.15294/lsr.v3i1.57091","url":null,"abstract":"Rodrigo Duterte who has ordered the police to execute drug addicts who do not want to be arrested. However, the assailant was still shot despite surrendering to arrest, the police on behalf of the anti-drug unit went to people's homes and did so because of the policy of \"who gets killed, the police get paid\". The crime that has been committed by Rodrigo Duterte under ICC jurisdiction is giving orders. to the police and the public to carry out extrajudicial killings of individuals involved in narcotics and to protect those who carry out their orders, so that Rodrigo Duterte is judged guilty and responsible in accordance with Article 25 paragraph 3 (b), (c), (d) the Rome Statute Crimes against humanity are among the criminal jurisdictions of the ICC. Although the Philippines withdrew from the Rome Statute, it did not prevent the International Criminal Court (ICC) from reviewing the case involving Philippine President Rodrigo Duterte. The Rome Statute provides for withdrawals, in particular article 127 , paragraphs (1) and (2) of the 1998 Rome Statute.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128809116","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}
引用次数: 0
Binary Option: Legality in the Perspective of National and Islamic Law as a Manifestation of Continuous Legal Reform 二元选择:国法与伊斯兰法视角下的合法性:持续法律改革的表现
Semarang State University Undergraduate Law and Society Review Pub Date : 2023-01-20 DOI: 10.15294/lsr.v3i1.57092
Resty Shelya Pujiani, Nadiyah Meyliana Putri, Mutia Azizah Aksan
{"title":"Binary Option: Legality in the Perspective of National and Islamic Law as a Manifestation of Continuous Legal Reform","authors":"Resty Shelya Pujiani, Nadiyah Meyliana Putri, Mutia Azizah Aksan","doi":"10.15294/lsr.v3i1.57092","DOIUrl":"https://doi.org/10.15294/lsr.v3i1.57092","url":null,"abstract":"Law is used as a guide and protector for every human being who lives in society, there are several kinds of applicable law in Indonesia, namely Indonesian national law and Islamic law. Amid the development of increasingly sophisticated digital technology, digital investment methods in the form of Binary Options have emerged which cause problems in people's lives. Then this research was conducted to determine the position of Binary Options in the perspective of national law and Islamic law so that the public knows and understands the legal basis for investing in the form of Binary Options. The writing of this journal uses normative juridical research methods. The results of the analytical study were obtained that in national law Binary Options as an illegal act which is part of an unlawful act, one of which is the result of not getting permission from the OJK (Financial Services Authority) so that it can be sentenced to criminal sanctions, while in the perspective of the Islamic law that Binary Options Judging from the way the game is played, it can be said that gambling is more precisely modern gambling, where gambling itself in Islam is strictly prohibited based on the verses of the Qur'an","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121316048","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}
引用次数: 1
Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies 强奸受害者与法律保护:受害者学研究中的问题与挑战
Semarang State University Undergraduate Law and Society Review Pub Date : 2023-01-17 DOI: 10.15294/lsr.v3i1.56688
Aprilia Putri Adiningsih, Ridwan Arifin
{"title":"Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies","authors":"Aprilia Putri Adiningsih, Ridwan Arifin","doi":"10.15294/lsr.v3i1.56688","DOIUrl":"https://doi.org/10.15294/lsr.v3i1.56688","url":null,"abstract":"Victims of the crime of rape have not received optimal legal protection, even though they have been legally protected through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, or the Law on the Elimination of Domestic Violence. However, the concept of Indonesian criminal law, which focuses more on punishing and deterring criminals, has not been able to accommodate the rights of victims, especially in cases of certain crimes such as rape. In the case of rape, the victim receives an immaterial loss (loss of honor) which is legally difficult to materialize, so that the punishment is limited to imprisonment and a fine which is not sufficient to restore the victim's loss and restore the victim's trauma. This study aims to analyze the protection of victims of rape crime in the perspective of victimology and law. This study uses a normative legal approach, literature review and legal analysis. This study found that the juridical sera, the protection of victims of crime, including victims of rape, has been regulated by the state through several laws. The rights of victims have also been mentioned, ranging from restitution, to recovery of victims' losses and trauma. However, in cases of rape, victims are often dissatisfied with the punishment given to the perpetrators of this crime.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115762647","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}
引用次数: 0
Protection of Victims of Sexual Harassment in Indonesia: A Legal and Victimological Aspect 印度尼西亚性骚扰受害者的保护:法律和受害者方面
Semarang State University Undergraduate Law and Society Review Pub Date : 2023-01-17 DOI: 10.15294/lsr.v3i1.53761
Fransisco Luis Soares, Nathanael Bagas Setyawan
{"title":"Protection of Victims of Sexual Harassment in Indonesia: A Legal and Victimological Aspect","authors":"Fransisco Luis Soares, Nathanael Bagas Setyawan","doi":"10.15294/lsr.v3i1.53761","DOIUrl":"https://doi.org/10.15294/lsr.v3i1.53761","url":null,"abstract":"Sexual harassment is often a problem in social life in Indonesia. The reason is that according to legal records, violence against girls (KTAP) has increased by 2,341 cases, compared to 1,417 the previous year. The increase from the previous year was 65% and the most cases were cases of incest and added to cases of sexual violence (571 cases) while sexual violence against women with disabilities increased by 47% compared to last year and the most victims were intellectual disabilities. Sexual harassment can be in the form of inappropriate behavior or rape. According to WHO in 2006 every day in the world there are women who are harassed, raped or beaten. The Indonesian Criminal Law (KUHP) which regulates this does not have a proper function, because the rules contained in it are incomplete on this issue. Sexual harassment may not cause physical pain and the like, but it can be emotionally harmful. It is very often that sexual harassment cannot be caught because Indonesian laws are imperfect in dealing with this issue. The concept of harassment in Indonesian law has reduced the significance of the harassment experienced by the victim, and therefore cannot bring justice to the victim.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116933085","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}
引用次数: 2
Protection of Cyberbullying Victims in Indonesia (An Overview of Law and Victimology) 印尼对网络欺凌受害者的保护(法律与受害者学概览)
Semarang State University Undergraduate Law and Society Review Pub Date : 2023-01-17 DOI: 10.15294/lsr.v3i1.53757
A. Chakan, Muhammad Fauzan Millenio
{"title":"Protection of Cyberbullying Victims in Indonesia (An Overview of Law and Victimology)","authors":"A. Chakan, Muhammad Fauzan Millenio","doi":"10.15294/lsr.v3i1.53757","DOIUrl":"https://doi.org/10.15294/lsr.v3i1.53757","url":null,"abstract":"In some cases when the perpetrator of the crime has been sentenced to criminal sanctions, the condition of the victim of the crime is ignored. The issue of justice and respect for human rights in Indonesia does not only apply to perpetrators of crimes, but also victims of crimes. Law enforcement in this country is often colored with things that are contrary to it. Often in people's lives it shows that both justice and respect for human rights have received less serious attention from the government. Stated in Pancasila, as the philosophy of life of the Indonesian people, the issue of humanity and justice has a very important place for the realization of the 2nd Precept, namely just and civilized humanity and the 5th Precept, namely social justice for all Indonesian people. The government in protecting victims is contained in the law specifically regulating witnesses and victims. Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and followed up with Government Regulation Number 44 of 2008 concerning the Provision of Compensation, Restitution, and Assistance to Witnesses and Victims. For parties, both victims and witnesses who feel they are in a very big threat, their testimonies can also be read out in court and can even give written testimony or online with the approval of the judge. Victims in a crime or crime have a much greater vulnerability in suffering losses both physically and psychologically or materially or immaterially. \u0000 ","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115798310","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}
引用次数: 0
Legal Protection for Victims of Dating Violence 对约会暴力受害者的法律保护
Semarang State University Undergraduate Law and Society Review Pub Date : 2022-07-31 DOI: 10.15294/lsr.v2i2.53750
Salimi Muhammad Baindowi
{"title":"Legal Protection for Victims of Dating Violence","authors":"Salimi Muhammad Baindowi","doi":"10.15294/lsr.v2i2.53750","DOIUrl":"https://doi.org/10.15294/lsr.v2i2.53750","url":null,"abstract":"Violence against women is rife, also in romantic relationships. However, a romantic relationship (dating) is different from a marriage relationship which has a clear legal basis. Thus, women often experience violence and are not accommodated in adequate protection. This study aims to analyze the legal protection for victims of dating violence. This study uses a normative juridical and comparative law approach. This study finds that in essence, protection for victims of dating violence has been regulated, although not explicitly in various legal regulations ranging from the protection of women, the Human Rights Act, to the Criminal Code.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127482981","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}
引用次数: 0
Efforts to Protect Victims of Rape Crime: Law and Society Study 保护强奸犯罪受害者的努力:法律与社会研究
Semarang State University Undergraduate Law and Society Review Pub Date : 2022-07-30 DOI: 10.15294/lsr.v2i2.53753
Citra Paramuditha
{"title":"Efforts to Protect Victims of Rape Crime: Law and Society Study","authors":"Citra Paramuditha","doi":"10.15294/lsr.v2i2.53753","DOIUrl":"https://doi.org/10.15294/lsr.v2i2.53753","url":null,"abstract":"Victims of rape often do not get adequate rights and legal protection. In many cases of rape, the law is not able to fully accommodate the rights of the victim, the law is only limited to fulfilling the desire to punish the perpetrator. The complexity of the legal process usually makes victims prefer the peaceful path. Even though the injuries received by the victim have a serious impact even for the future of the victim. Moreover, many rape cases have reached court but the perpetrators have not been sentenced to the maximum penalty as stated in the Criminal Code. This study is intended to analyze and examine the victim of rape protection in the context of law and society. The study analyzes and compares some related laws concerning to victim protection, women protection, child protection, and human right protection in national context of Indonesia.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134370837","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}
引用次数: 0
Victims of Cyber Crimes in Indonesia: A Criminology and Victimology Perspective 印尼网络犯罪受害者:犯罪学与受害者学视角
Semarang State University Undergraduate Law and Society Review Pub Date : 2022-07-30 DOI: 10.15294/lsr.v2i2.53754
Yudha Chandra Arwana
{"title":"Victims of Cyber Crimes in Indonesia: A Criminology and Victimology Perspective","authors":"Yudha Chandra Arwana","doi":"10.15294/lsr.v2i2.53754","DOIUrl":"https://doi.org/10.15294/lsr.v2i2.53754","url":null,"abstract":"Crimes that occur in cyberspace are born as a result of the negative impact of technological developments, crimes that occur in various forms and types have consequences for the legal protection of users, this is important considering that every human being must be protected in accordance with his dignity as a human being. One form of state responsibility for the protection of its citizens is to provide legal guarantees and concrete actions that protect the community from all forms of crime or other deviant acts that may be experienced by the community, both in the real world and in cyberspace. Crimes that occur in cyberspace or commonly referred to as cybercrime. This study is aims to analyze and examine the victims of cyber crime in the perspective of criminology and victimology. Criminology approach used to answer the motive, factors, and response of the crime, and victimology approach to understand more comprehensively concerning to the victim’s protection and the role of the victims in the cybercrime.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122452559","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}
引用次数: 1
Movie Review “The Firm (1993)”, Director: Sydney Pollack, Written by: David Rabe, Robert Towne, David Rayfiel, Daniel Pyne. Production: Paramount Pictures 电影评论《公司》(1993),导演:西德尼·波拉克,编剧:大卫·拉贝,罗伯特·汤,大卫·雷菲尔,丹尼尔·派恩。出品:派拉蒙影业
Semarang State University Undergraduate Law and Society Review Pub Date : 2022-07-22 DOI: 10.15294/lsr.v2i2.54927
A. Ahmadi
{"title":"Movie Review “The Firm (1993)”, Director: Sydney Pollack, Written by: David Rabe, Robert Towne, David Rayfiel, Daniel Pyne. Production: Paramount Pictures","authors":"A. Ahmadi","doi":"10.15294/lsr.v2i2.54927","DOIUrl":"https://doi.org/10.15294/lsr.v2i2.54927","url":null,"abstract":"The Firm is a 1993 American legal thriller film directed by Sydney Pollack and starring Tom Cruise, Jeanne Tripplehorn, Gene Hackman, Ed Harris, Holly Hunter, Hal Holbrook, and David Strathairn. The film is based on the 1991 novel The Firm by author John Grisham. A young lawyer joins a small but prestigious law firm only to find out that most of their clients are on the wrong side of the law. The company is helping to launder mob money, get clients off charges and even murder partners who threaten to blow their cover, but when the FBI come calling to gather evidence on the lawyer's colleagues, he is caught between a rock and a hard place, juggling his life and his liberty.","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123709955","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}
引用次数: 0
Looking for Justice in the Black Cloud: Providing Justice for Victims of Sexual Harassment in Indonesia 在黑云中寻找正义:为印尼性骚扰受害者伸张正义
Semarang State University Undergraduate Law and Society Review Pub Date : 2022-07-22 DOI: 10.15294/lsr.v2i2.53755
Mutiara Hamdalah
{"title":"Looking for Justice in the Black Cloud: Providing Justice for Victims of Sexual Harassment in Indonesia","authors":"Mutiara Hamdalah","doi":"10.15294/lsr.v2i2.53755","DOIUrl":"https://doi.org/10.15294/lsr.v2i2.53755","url":null,"abstract":"According to Komnas Perempuan, sexual harassment is a sexual act through physical or non-physical touch that targets the sexual organs or sexuality of the victim. This includes using whistles, flirting, sexually suggestive speech, displaying pornographic material and sexual desires, touching or touching body parts, gestures or gestures of a sexual nature that cause discomfort, be offended, feel humiliated, and possibly cause health problems. and safety. The law also has its own interpretation of sexual harassment. In the Criminal Code (KUHP) there is no term sexual harassment, but in Article 289 to Article 296 of the Criminal Code it is called obscenity. R. Soesilo in the book “KUHP and its comments”, sexual harassment includes acts that violate a sense of decency, or other vile acts, and all of them are in an environment of sexual lust. For example, kissing, groping the genitals, groping the breasts and so on. The term sexual harassment, according to Ratna, refers to sexual harassment which is defined as unwelcome attention or legally defined as an imposition of unwelcome sexual demands or creation of sexually offensive environments. \u0000 ","PeriodicalId":120469,"journal":{"name":"Semarang State University Undergraduate Law and Society Review","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121099735","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}
引用次数: 0
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