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Unnes Law Journal
Scopus
ISSN 2252-6536 · Universitas Negeri Semarang · 169 articles in the index
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Journal Article
The Justice Dilemma in Minor Marriages: Dispensation vs. Prevention
In Indonesia, the issue of minor marriages has long been a contentious subject, intersecting with complex legal, cultural, and ethical dimensions. The legal framework governing marriage, particularly the stipulations outlined in the Marriage Law No. 1 of 1974, sets the minimum marriage age at 16…
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Journal Article
Will Judicial Activism Redefine Justice in Employment Termination Disputes Through Evidence Standards?
Evidentiary challenges in employment termination disputes in Indonesia highlight a significant structural imbalance between employers and employees, primarily due to unequal access to evidence and the employer's dominance over information. This imbalance undermines the principle of equality of arms…
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Journal Article
Can Customary Law Deliver Justice? Resolving Kahoba’karah (Out-of-Wedlock Pregnancy) and Kikono (Adultery) in Enggano District
The recognition of customary law in the 1945 Constitution of Indonesia serves as a foundational principle for resolving customary violations in Enggano Island, located in the North Bengkulu Regency, Bengkulu Province. This recognition facilitates the restoration of social balance within the…
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Journal Article
Pulling at Both Ends of the String: The Political and Legal Tug in Refugee and Migration Policy in Indonesia
This paper analyzes the complex and often contradictory dynamics of refugee and migration policy in Indonesia, framed within the political and legal tug-of-war that shapes human rights protections. As one of Southeast Asia’s key transit and destination countries for refugees and migrants…
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Journal Article
Legal Apparatus, Celebrities, and Students: The Profiling of Drug Abuse Offenders in Indonesia
This study aims to explain and analyse the profiling of drug abuse offenders through cases disseminated in online news. This phenomenon tends to be overlooked in previous studies. This study is a descriptive qualitative study using a case study approach. The findings in this study show that the…
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Journal Article
The International Court of Justice’s Jurisdiction to Review Its Judgments: Understanding Article 61 of the ICJ Statute in Light of Its Drafting History
Judgments of the ICJ are final and not subject to appeal. However, Article 61 of the ICJ Statute empowers the ICJ to review its judgments. The ICJ replaced the Permanent Court of International Justice (PCIJ). Article 61 of the PCIJ Statute (1920) empowered the PCIL to review its decisions. When the…
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Journal Article
International Tensions and Legal Disputes: Indonesia’s Aggressive Measures Against Unregulated Foreign Fishing Activities
This paper explores Indonesia’s aggressive measures against illegal, unreported, and unregulated fishing (IUUF) by foreign vessels in its territorial waters, a strategy that has triggered significant international tensions and legal disputes. Given Indonesia’s vast marine resources, the country has…
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Journal Article
Amicus Curiae at the Crossroads of Justice: Shaping Fair Court Decisions
Judges play an important role in the implementation of law enforcement, as they are tasked with making decisions that reflect the principles of justice. In their decision-making process, judges must consider and align with the values embedded in the community, as the law exists to serve humanity…
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Journal Article
Justice Beyond Borders: Strengthening International Alliances to Eradicate Human Trafficking in Southeast Asia
Human trafficking remains a critical issue in Southeast Asia, exacerbated by socio-political, economic, and cultural factors. This paper examines the concept of justice, advocating for enhanced international cooperation to effectively combat human trafficking in the region. It identifies the…
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Journal Article
Children, Justice, and Femicide: Assessing Victim Rights in Indonesia’s Legal System
The death of a parent profoundly affects a child’s well-being, particularly when caused by homicide committed by a father or the mother’s intimate partner. Research on gender-based killings, or femicide, identifies husbands, boyfriends, and former partners as the most common perpetrators. Yet…
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Journal Article
Regulatory Strategies for Accelerating Civil Servant Functional Promotions in Higher Education
This study examines a model for accelerating promotions to functional positions following the issuance of the Minister of Administrative and Bureaucratic Reform (PAN RB) Regulation Number 1 of 2023 within the Universitas Negeri Semarang (UNNES) environment. The research employs a normative legal…
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Journal Article
From Law to Justice: Ownership Restrictions in the Fight for Agrarian Equity
This study examines the intersection of law and justice in the context of land ownership restrictions under agrarian reform in Indonesia, highlighting the tension between statutory frameworks and the pursuit of social equity. Indonesia’s Agrarian Law (Law No. 5 of 1960) and subsequent regulations…
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Journal Article
Travis Hirschi’s Social Control Theory Perspective on the Relevance of Early Marriage and Sexual Violence
Crime as an inherent problem throughout the history of the human journey continues to trigger a never-ending discussion, including in the context of early marriage and sexual violence. The purpose of writing this article is to explore the relevance between sexual violence and early marriage in the…
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Journal Article
Legal Certainty for Photo Creators against Unauthorized Uploading on E-commerce based on the Copyright Law
In the contemporary landscape of digital commerce, the phenomenon of unauthorized use of copyrighted materials, especially photographs, poses significant challenges. This study delves into the realm of intellectual property rights, particularly focusing on copyright regulations, licensing, and…
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Journal Article
The Adjustment of Employment Concept in Paying Wages Under Minimum Wage Provisions For Restorative Justice
The purpose of this study is to analyze and find the concept of adjustment in employment cases in terms of paying wages below the minimum wage from a restorative justice perspective. This research is normative legal research. This research uses a legal approach, a conceptual approach, and a…
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Journal Article
Comparative Analysis of Binary Option Law in Indonesia and United States of America
Binary option, which was originally applied from the United States (US), has become a public discussion in Indonesia due to various cases. This happened due to there was an Indonesian YouTuber who introduced Binary Option investment, and many people joined the trade. However Binary Option trading…
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Journal Article
Challenges in Ensuring Personal Data Protection For Society in The Era of Society 5.0: Indonesia’s Case Study
Personal data protection is crucial in realizing cybersecurity in the Industrial Revolution 5.0 era in Indonesia. The regulation of cybercrime and personal data protection is to provide protection to victims of cybercrime and provide legal sanctions to perpetrators. The implementation of this…
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Journal Article
The Effectiveness of the Financial Services Authority Supervisory Board in Supervising the Board of Commissioners
Undang Undang Pengembangan dan Penguatan Sektor Jasa Keuangan or the Law of Financial Services Sector's Development and Reinforcement has granted an absolute authority for Otoritas Jasa Keuangan (OJK) or Financial Services Authority to file for bankruptcy and postpone debt payment obligations…
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Journal Article
Optimizing the Role of Community Guidance Officers as the Vanguard of the Juvenile Justice System
One provision in the juvenile justice system is that juvenile justice proceedings must involve Community Guidance Officers from correctional institutions (BAPAS) who conduct social investigations on the child, which serve as considerations in the juvenile justice process. However, the presence of…
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Journal Article
Quo Vadis Honorary Council of the Constitutional Court in Enforcing the Idea of Constitutional Ethics for Constitutional Judges in Indonesia
The oversight is carried out by the Ethics Council and MKMK, where the Ethics Council is responsible for enforcing breaches of the code of ethics and maintaining the dignity and integrity court. The existence of the Ethics Council is currently in a status quo, seemingly in a state of limbo because…