JILS Journal of Indonesian Legal Studies最新文献_第8页

Understanding the Contents of Indonesian Civil Law: A Book Review Perkembangan Hukum Perdata di Indonesia, Sudikno Mertokusumo, Genta Publishing Yogyakarta, 2019, 206 Pages, ISBN 978-602-0757-08-7

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.34809

Reyhan Nabillah Azhari

引用次数: 2

The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes 论劳资关系法院解决劳资关系纠纷的绝对权限

JILS Journal of Indonesian Legal Studies Pub Date : 2020-05-04 DOI: 10.15294/jils.v5i1.33159

Ivan Ndun, Yohanes G. Tuba Helan, U. Pekuwali

{"title":"The Absolute Competence of the Industrial Relations Court in Resolving Employment Termination Disputes","authors":"Ivan Ndun, Yohanes G. Tuba Helan, U. Pekuwali","doi":"10.15294/jils.v5i1.33159","DOIUrl":"https://doi.org/10.15294/jils.v5i1.33159","url":null,"abstract":"Employment relations are subject to contracts agreed upon by employers and employees. Law Number 13 of 2003 clearly defined that employment relations as an agreement between an employer and their employees. The jurisdictional scope or competence of the Industrial Relations Court is further elaborated in Section 56 Law Number 2 of 2004. However, Section 56 Number Law 2 of 2004 has spurred further debate regarding the proper competence of the Industrial Relations Court, because, under this law, the Court has issued ineffective and inefficient court decisions. This research analyzed and criticized the competence of the Industrial Relations Court in presiding over the termination of employment contracts. In analyzing this problem, this paper deploys the theory of competence, theories of justice and the rule of law, subjective justice, the competence of the Industrial Relations Court according to existing laws, and expert views on the contribution of existing literature towards the competence of the Industrial Relations Court. This research emphasized that an excess of laws governs the termination of employment contracts, which supposedly lies under the competence of the Industrial Relations Court. Hence, to protect the rights of employees in the context of industrial relations, a judicial review of Law Number 2 of 2004 on Manpower is required.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88026081","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

The Constitutional Court Ultra Petita as a Protection Form of Economic Rights in Pancasila Justice 宪法法院的超请求权:潘卡西拉司法中的经济权利保护形式

JILS Journal of Indonesian Legal Studies Pub Date : 2019-12-01 DOI: 10.15294/jils.v5i1.35965

Rofi Wahanisa

{"title":"The Constitutional Court Ultra Petita as a Protection Form of Economic Rights in Pancasila Justice","authors":"Rofi Wahanisa","doi":"10.15294/jils.v5i1.35965","DOIUrl":"https://doi.org/10.15294/jils.v5i1.35965","url":null,"abstract":"Social justice concept has been clearly emphasized at Pancasila (the five fundamental values of Indonesia) as one of common values of Indonesia society. Pancasila also recognized as the philosophical grondslag which makes Pancasila as a reference of all Indonesian citizens and State Action, including in governance. The concept of social justice in Pancasila implies that any natural resource management that has the potential to prosper and affect the Indonesian people as a whole must be controlled by the State as well as used for the greatest prosperity of the people. This paper is intended to analyze, describe, and examine the Constitutional Court Decision concerning to social justice especially in terms of economic rights. This paper discusses various decisions of the Constitutional Court that are ultra petita. This paper illuminated and highlighted that in two Constitutional Court Decisions on Water Resources and the Decision on the Electricity Law and the Water Resources Law of the Constitutional Court in its decision to make an ultra petita decision by canceling the entire two laws, because that the article being tested is the heart of the law, thus seriously affecting the implementation of other articles in the law. Therefore, with the ultra petita decision, in the future, the Constitutional Court is expected to be more progressive and responsive in seeing the problems that occur, especially related to the basic economic needs of the Indonesian people. Because the Constitutional Court is the guardian of the constitution whose main function is to maintain Indonesia's highest legal order (constitution).","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81164724","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: 4

Internationalization of Consumer Law: A Game Changer, Hans W. Micklitz and Mateja Durovic, Springer Nature Switzerland, 2017, 89 pages, ISBN 978-3-319-45312-5 《消费者法的国际化:一个游戏规则的改变者》，汉斯·w·米克利茨和Mateja·杜罗维奇，施普格·自然，瑞士，2017,89页，ISBN 978-3-319-45312-5

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-30 DOI: 10.15294/jils.v4i2.34770

Rizqi Baktiara Amrullah

引用次数: 0

How Should Student Behave? A Legal Ethics and Policy towards Nationalism and Anti-Radicalism Characters 学生应该如何表现?民族主义与反激进主义特征的法律伦理与政策

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-30 DOI: 10.15294/jils.v4i2.34343

Rodiyah Rodiyah, Batari Laskarwati, Ali Masyhar, Waspiah Waspiah

{"title":"How Should Student Behave? A Legal Ethics and Policy towards Nationalism and Anti-Radicalism Characters","authors":"Rodiyah Rodiyah, Batari Laskarwati, Ali Masyhar, Waspiah Waspiah","doi":"10.15294/jils.v4i2.34343","DOIUrl":"https://doi.org/10.15294/jils.v4i2.34343","url":null,"abstract":"The university has become an important place in the cultivation of character for generations in many countries. Many universities in the world also apply a variety of systems in making policies to shape the character of campus communities, including students. This study aims to analyze legal and ethical policies for students in fostering an attitude of nationalism and anti-radicalism. This study also aims to describe the various forms of implementation of student ethics policies that are applied in the Faculty of Law, Semarang State University, Indonesia. This study uses a qualitative method with direct data collection through observation and interviews. This study bases its analysis on the theory of the operation of Lawrence M Friedman's law. The results of this study indicate that legal and ethical policies for students are interpreted by a variety of different interpretations both between managers and students. Various cases of inequality of perception lead to pros and cons. However, this research proves that the implementation of legal ethics and student character policies have been regulated in various rules, both at the national level (ministerial regulation), university level (rector regulation), and faculty level (dean regulation) all of which emphasize on forming attitudes nationalism and anti-radicalism. \u0000 ","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72703369","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

Internet and Crimes: How the Law Responds to Internet Based Crimes? A Book Review of "Aspek Hukum Penipuan Berbasis Internet", Maskun & Wiwik Meilarati, CV Keni Media, Makassar, 2016, 238 Pages, ISBN 978-602-74375-5-5

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-30 DOI: 10.15294/jils.v4i2.34772

Yehezkiel Lemuel

引用次数: 3

The Darkest Phase for Family: Child Marriage Prevention and Its Complexity in Indonesia 家庭最黑暗的阶段:印尼预防童婚及其复杂性

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-30 DOI: 10.15294/jils.v4i2.34708

Dian Latifiani

{"title":"The Darkest Phase for Family: Child Marriage Prevention and Its Complexity in Indonesia","authors":"Dian Latifiani","doi":"10.15294/jils.v4i2.34708","DOIUrl":"https://doi.org/10.15294/jils.v4i2.34708","url":null,"abstract":"The research is intended to examine how child marriage happened and the implementation of policy to prevent the child marriage. The research also examine some cases concerning to child marriage and its complex condition, especially in some area of Central Java, Indonesia. The method used to obtain the main data for the research is by interviewing and observing the main site location, at Munding Vilage Semarang Regency. Some related government offices also become one of the sources of data. The research emphasized that child marriage occurs because of the education of the bridegroom's children, the local culture of marriage at the age of the child is better than marriage in high school, economic factors of the child's family and social or environmental factors of the child. Impact of child marriages (women): vulnerable to divorce, psychological problems that are not yet stable in the management of the household, the breakup of formal education, reproductive health is not ready. The research highlighted that local culture is a challenge in opposing marriage at the age of the child. The research concluded that preventive efforts carried out by related institutions through education complaints in accordance with the main tasks of each related institution.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"53 61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73783896","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: 20

Legal Crisis and Trends of Mass Violence in Indonesia 印度尼西亚大规模暴力的法律危机和趋势

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-30 DOI: 10.15294/jils.v4i2.34671

I. Utari

{"title":"Legal Crisis and Trends of Mass Violence in Indonesia","authors":"I. Utari","doi":"10.15294/jils.v4i2.34671","DOIUrl":"https://doi.org/10.15294/jils.v4i2.34671","url":null,"abstract":"This study aims to explore the reasons for the problems that trigger broader mass violence, both in the form of structural conditions in society as well as the factors that trigger crime and social dynamics that trigger mass violence. The main research method used is a qualitative approach to the type of research criminally. The results of the research show that at the end of this time the social integration ties that are owned by the community are not so strong that the provocateurs of violence in the community are able to ravage the solidarity that is intertwined within the community. The joints of democratic society which should function to normalize normal social-political interaction relations, in the end actually caused mass violence, such conditions create anomistic situations occur, members of society both individually and in groups are so easy to play their own way. Therefore, the legal institutions as a formal rule of the game and apply to everyone, are experiencing a crisis of authority. The fundamental reason why this happens is that there are often different legal decisions against each violator of the law. As a result, there is no certainty that the law is truly an objective norm that applies to all. People who have been relatively safe in the normalcy of their environment have turned into mutual suspicion. As a result of this, collective disappointment arises over legal institutions, so that losing motivation to obey the law people tend not to believe in the legal process, which results in acts of mass violence in the community.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79028745","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

DNA Profiling and the Challenges of Crime Management in Nigeria: The Case of The Nigeria Police Force DNA分析和尼日利亚犯罪管理的挑战:尼日利亚警察部队的案例

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-03 DOI: 10.15294/jils.v4i2.29446

Ucheawaji Nathaniel Nte, N. D. Nte, Bribena Kelvin Enokie, Onyeka Bienose

{"title":"DNA Profiling and the Challenges of Crime Management in Nigeria: The Case of The Nigeria Police Force","authors":"Ucheawaji Nathaniel Nte, N. D. Nte, Bribena Kelvin Enokie, Onyeka Bienose","doi":"10.15294/jils.v4i2.29446","DOIUrl":"https://doi.org/10.15294/jils.v4i2.29446","url":null,"abstract":"This research investigated DNA profiling and crime management in Nigeria. The major objective of the study was to find out whether the Nigeria Police are aware of how to use DNA optimally as a source of evidence in the investigation process. In Nigeria, the Nigeria Police is one of the leading agencies statutorily charged with the responsibility of providing internal security through fighting of crime. The police does this job by undertaking criminal investigation with a view to collecting evidence to be used for courtroom prosecution of criminal suspects. Since 1930 the Nigeria Police was established, it has relied mainly on the traditional (old school) method of criminal investigations based on eye witness testimonies and statements, the investigators sense of judgement and experience. Overwhelming evidence from this research points to the fact that the said method has proven ineffective, as may unsolved crimes, wrongful prosecution or conviction of innocent criminal suspects and failed courtroom prosecution litter the performance profiles of the Nigeria Police. The study concluded that the capacity level of the Nigeria Police to collect and preserve the DNA evidence as part of the agency's criminal investigation process and use same for courtroom prosecution has significant effect on the effort it makes to fight crime through DNA profiling, and that the availability or non availability of sophisticated DNA technology in Nigeria has significant effect on the effort the Nigeria police makes to fight crime through DNA profiling. The availability or non availability of a central DNA database in Nigeria has significant effect on the efforts of the Nigeria police makes to fight crime through DNA profiling.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84196687","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

Misdemeanor of Corruption within the Scope of International Law and the Legal Consequences 国际法范围内的贪污罪之轻罪及其法律后果

JILS Journal of Indonesian Legal Studies Pub Date : 2019-11-03 DOI: 10.15294/jils.v4i2.29687

Ridwan Arifin, S. Faridah, Mohammad Naefi

引用次数: 2