Unnes Law Journal最新文献

{"title":"The Existence of Digital Platforms and the Challenges in Enforcement of Indonesian Competition Law","authors":"Rhido Jusmadi","doi":"10.15294/ulj.v9i1.63114","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.63114","url":null,"abstract":"The existence of digital platforms has created a revolutionary change in the competition law system. Its existence as a multisided platform that is conceptually different from conventional economic platforms requires special understanding. The business competition law enforcement authorities see that the multisided character causes the efficiency and consumer welfare approach to be insufficiently applied to business competition law cases involving digital platforms. So, an alternative approach is needed, namely the principle of fairness, to answer challenges in enforcing business competition law.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802707","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}

{"title":"The Influence of Organizational Culture and Self Efficacy on the Ability of Cadets Conflict Management in Lemdiklat Akpol Semarang","authors":"Tri Widada","doi":"10.15294/ulj.v9i1.66856","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.66856","url":null,"abstract":"The conflict management skills of cadets in the Education and Training Institute at the Semarang Police Academy (Akpol) are still low or not optimal. This needs special attention from all parties involved in the Akpol institution. Because of the various reasons put forward by cadets that they have not optimally practiced conflict management courses and that is only theoretical that cadets get. Therefore, it is necessary to pay attention to improving the ability of educators in teaching each material taught to cadets. This research is a quantitative study with a sample of 28 people. The data collection technique was a closed questionnaire technique while the data analysis technique used SPSS 21 to determine the influence of organizational culture, self-efficacy on the ability of cadets' conflict management at the Police Academy. The results showed that there was an influence of organizational culture by 28.1%, self-efficacy on conflict management by 49.5%. This shows that conflict management abilities can increase if organizational culture and self-efficacy increase effectively.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802706","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}

{"title":"Forensic Science in Criminalistics in Indonesia: Development and Challenges","authors":"Istri Wulandari","doi":"10.15294/ulj.v9i1.66847","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.66847","url":null,"abstract":"Since the birth of forensic science until now it has developed so rapidly. the division of forensic science is so complete that it is able to assist law enforcement in carrying out the task of disclosing criminal cases. The application of forensic science has also undergone standardization that is recognized by the international community, so that in future trials, the use of forensic science can be clearly accounted for. The use of forensic science in Indonesia is the same as following international standards using standards set by the National Accreditation Agency. So that in the end it is professional staff who are needed to manpower the needs of the use of forensic science, at least being able to prevent the perpetrators of crimes from continuing their crimes.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802709","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}

{"title":"Reconstruction of Legal Norms Through Harmonization of Sexual Crime Laws","authors":"Febry Dwi Prehatiningsih, Edshafa Muharatulloh, Winda Rahmawati, Safira Wulandari, Tahegga Primananda Alfath","doi":"10.15294/ulj.v9i1.60902","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.60902","url":null,"abstract":"Harmonisasi dan sinkronisasi menjadi keharusan dalam pembentukan peraturan perundang-undangan, hal tersebut sebagai upaya kemangkusan hukum dan menghindari adanya tumpang tindih peraturan. Pengaturan kejahatan seksual dalam Peraturan Menteri Pendidikan dan Kebudyaan Riset dan Teknologi Nomor 30 Tahun 2021 tentang pencegahan dan penanganan kekerasan di lingkungan perguruan tinggi (Permendikbudristek 30/2021) terdapat frasa “tanpa persetujuan korban” atau lebih dikenal dengan seksual consent, diangkatnya seksual consent tersebut tidak selaras dengan peraturan kejahatan seksual dalam peraturan perundang-undangan lainnya. Metode penelitian ini melalui pendekatan normatif yang mengacu pada perundang-undangan dan norma-norma serta melalui pendekatan konseptual untuk menjelaskan secara sistematis teori yang digunakan. Hasil penelitian menunjukkan bahwa seksual consent tidak tepat masuk dalam kekerasan seksual, karena seksual consent bertentangan dengan Kitab Undang-undang Hukum Pidana, Undang-undang Penghapusan Kekerasan Dalam Rumah Tangga, Undang-undang Perdagangan Orang, Undang-undang Pornografi, dan Undang-undang Tindak Pidana Kekerasan Seksual.
 Harmonization and synchronization are required in the development of laws and regulations in order to strengthen the law and avoid overlapping regulations. Sexual crime legislation, there is the phrase \"without the consent of the victim\" or better known as sexual consent in the Regulation of the Minister of Education and Culture of Research and Technology Number 30 of 2021 concerning the prevention and handling of violence in the higher education environment (Permendikbudristek 30/2021), the term of sexual consent is not in line with the sexual crime regulations in other laws and regulations. This research method uses a normative approach that refers to legislation and norms, as well as a conceptual approach to explain the theory used systematically. The results of the study indicate that sexual consent is inappropriate for sexual violence, because sexual consent is contrary to the Criminal Code, the Law on the Elimination of Domestic Violence, the Trafficking in Persons Act, the Pornography Law, and the Act Sexual Violence.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802152","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}

{"title":"Prevention of Motor Vehicle Theft by the Samapta Patrol (Study at the Demak Resort Police)","authors":"Lesha Syabrina","doi":"10.15294/ulj.v9i1.66845","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.66845","url":null,"abstract":"This study is to describe the samapta patrol units and efforts increased by the Demak Police samapta unit. This type of research uses a field of research and a qualitative approach. Data sources include primary data and secondary data with data collection techniques used are interviews, observations, and document studies Data analysis techniques used include data reduction, data presentation and conclusion drawing. Knife analysis in conducting discussions includes POAC theory and management theory. The results of the study found that curanmor crimes had fluctuated over the past three years, patrol activities carried out by the Samapta Unit of the Demak Police were carried out according to the SOP, divided into four stages, namely preparation stage, organization stage, implementation stage andevaluation/ termination stage. Some actors are inadequate and external facilities and infrastructure are the jurisdiction of the Demak Police which is quite wide and the intentions of criminals are difficult to predict. Based on the results of the study, the author suggests that in the creation of patrol routes always pay attention to the development of the last Kamtibmas situation in Kabupaten Demak. Often establish cooperation with the community, such as Hansip post, Kamra post, Security Guard post, and Kamling post selectively to facilitate monitoring locations prone to theft of motor vehicles and patrols through residential areas of the community.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"222 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802150","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}

{"title":"Optimization of Humanist Law Enforcement in Order to Realize the Paradigm of Civilian Police","authors":"Setiadi Setiadi","doi":"10.15294/ulj.v9i1.66846","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.66846","url":null,"abstract":"The world's development today requires the Indonesian National Police (INP), must be able to adapted the community's needs and demands. Indonesian Council Decree Number VI / MPR-RI / 2000 arrange the INP as a civilian institution and separate from the Indonesian military, thus requiring INP to change the identity to become a security officer with a civilian character. Building the organizational paradigm of INP to become civilian and democratic police is very necessary, so the role and function of INP as a protector and public servant can be achieved. Humanist law enforcement without using violents will build INP faces became more calm and protective. How is the humanist law enforcement towards the realization of the civilian police paradigm? Humanist law enforcement by the Cilacap Police has not been optimal, it can be seen in the regulations regarding humanist law enforcement within the Police organization that have not been realized, the competence of police officers is not yet optimal in the knowledge, attitudes, and practices, regarding the humanist and the Civil Police paradigm, infrastructure has not been fully supported, community law awareness is still low, and legal culture has not yet been implemented in society. This is influenced by developments in the strategic environment as well as internal and external factors. The SWOT analysis followed by the Anallytical Hierarchy Process (AHP) to produces IFAS, EFAS, and SFAS to determine the action plan of the strategy. The implementation of short-, medium- and long-term strategies obtained from AHP calculations is expected to realize the expected ideal conditions. The implementation of programs in the strategy that has been set is expected to optimize humanism law enforcement to realize the Civilian Police paradigm.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802151","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}

{"title":"The Occupational Safety and Health Protection for Health Workers during the Covid-19 Pandemic at AMC Hospital Yogyakarta","authors":"Nazzela Jeanny Andrian, Endriyo Susila","doi":"10.15294/ulj.v9i1.63126","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.63126","url":null,"abstract":"The Corona Virus Disease 2019 (Covid-19) pandemic has affected almost all sectors, especially health sector. Standing in the forefront in handling the Covid-19 patients, healthcare workers are exposed to the high risk of virus transmission. Therefore, Occupational Safety and Health (OSH) protection of healthcare workers should also get serious attention from various parties, especially employers. AMC hospital is one of the healthcare facilities in Yogyakarta that is engaged in the fight against the Covid-19 outbreak. The aim of this research is to explore the way AMC Hospital implement the occupational safety and health protection for its healthcare workers during the Covid-19 Pandemic. The type of this research is empirical legal research which examines the application of relevant legal provisions in regard to the issue of occupational safety and healthcare protection for healthcare workers in AMC Hospital Yogyakarta. The results of the study show that AMC hospital successfully implemented OSH during the pandemic in an effort to protect healthcare workers. Further, Occupational Diseases (PAK) caused by Covid-19 are covered by the Work Accident Insurance (JKK) program and the Social Health Insurance Administration Body (BPJS) in compliance with legal requirements.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802155","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}

{"title":"The Urgency of Legal Protection for Domestic Workers as Informal Workers","authors":"Sherlyn Nathalia Cheung, Yuwono Prianto, Sheren Hardjono","doi":"10.15294/ulj.v9i1.62214","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.62214","url":null,"abstract":"ABSTRACT. One of the informal professions in Indonesia is a domestic worker. The problem is that domestic workers have not received maximum protection related to their wages, comfort and work safety which causes them belittled because the lack of their awareness about the rights they supposed to get. This article was made to examine the issues faced by domestic workers and what steps can be taken to improve the bargaining position of domestic workers. The research method used is empirical sociological, focusing on primary data and interviews, supported by secondary data. Data collection and analysis were carried out qualitatively by using Anthon F. Susanto model through the stages of data triangulation. The conclusion is that in Government Regulation Number 2 of 2015 there are no details regarding the rights of domestic workers and there are no laws protecting domestic workers so there are still many violations against domestic workers.
 
 ABSTRAK. Salah satu profesi informal di Indonesia adalah pekerja rumah tangga (PRT). Persoalannya, PRT belum mendapatkan perlindungan yang maksimal terkait upah, waktu istirahat, kenyamanan, dan keselamatan kerja yang menyebabkan mereka diremehkan karena kurangnya kesadaran akan hak-hak yang seharusnya mereka dapatkan. Artikel ini bertujuan untuk meninjau persoalan yang dihadapi oleh PRT dan apa saja tindakan yang dapat dilakukan untuk menambah daya tawar PRT. Artikel ini menggunakan metode penelitian sosiologis empiris, dengan fokus pada data primer dan wawancara yang didukung oleh data sekunder. Pengumpulan dan analisa data dilakukan dengan cara kualitatif yang menggunakan model Anthon F. Susanto melalui tahapan triangulasi data. Kesimpulannya dalam Peraturan Pemerintah Nomor 2 Tahun 2015 tidak ada perincian mengenai hak-hak PRT dan juga belum ada undang-undang yang melindungi PRT sehingga masih banyak terjadi pelanggaran terhadap PRT.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802149","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}

{"title":"State Responsibility to Protecting Crypto Assets Customers","authors":"Yazid Bustomi","doi":"10.15294/ulj.v9i1.61772","DOIUrl":"https://doi.org/10.15294/ulj.v9i1.61772","url":null,"abstract":"Cryptocurrency regulation presents a unique and monumental challenge for policymakers. Many countries have threatened to impose complete bans on the use and trading of cryptocurrencies. This study aims to describe the responsibility of the State in protecting crypto asset customer in Indonesia. The normative juridical research method with data sources including primary data and secondary data is used as an analytical tool. The results of the study show that in order to protect crypto asset customer in Indonesia, the government refers to the Commodity Futures Trading Law No. 10 of 2011 which can provide legal protection for investors. Hedging of commodity futures contracts is carried out under the direct supervision of the Commodity Futures Trading Regulatory Agency (BAPPEBTI).","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135802708","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}

{"title":"Prospect and Challenges of Criminal Procedures in Nigeria: A Review","authors":"Babajide Olatoye Ilo, A. Imosemi","doi":"10.15294/ulj.v8i2.56482","DOIUrl":"https://doi.org/10.15294/ulj.v8i2.56482","url":null,"abstract":"Criminal Justice Procedure (CJP) can be described as the collective means through which a person accused of an offence passes until the accusations have been disposed of or the assessed punishment concluded. Arguably, CJP in Nigeria took an enviable turn around with the enactment of a new principal enactment, Administration of Criminal Justice Act (ACJA) which has repositioned the CJP in Nigeria by addressing the seemingly inadequacies in Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC), harmonizing the CPA and CPC, codifying most age-long judicial pronouncements on CPA and CPC and addressing human rights abuses in erstwhile applicable laws thereby catapulting the CJP in Nigeria to an enviable position in the comity of nations. Recent judicial pronouncements in Nigeria on ACJA are worrisome and questions the readiness of the Judiciary as a stakeholder in Criminal Justice System to address the menace of delay in criminal trials which the ACJA aimed to address by introducing novel provisions target towards speedy dispensation of justice in criminal trials. The research methodology used in this study is systematic review and normative, by analyzing principal and secondary enactments in Nigerian CJP with judicial interpretations. While emphasizing the prospects of the ACJA, this paper also highlighted the challenges and suggested solutions to same. Despite its defects, the ACJA is a landmark development in the Nigerian Criminal Justice Procedure and all States of the Federation are therefore enjoined to domesticate the law.","PeriodicalId":30820,"journal":{"name":"Unnes Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42350079","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}