integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 217 integrated land registration system: between legal certainty and challenges (case of semarang city) fairus augustina rachmawati1 , shafa amalia choirinnisa2, latif latif 3 1,2 faculty of law, universitas negeri semarang, indonesia 3 national land agency, semarang, indonesia corresponding author: fairusagustinarachmawati@students.unnes.ac.id abstract: in providing legal certainty for the control and ownership of community land parcels, the government carries out a program of registration and data collection of land parcels or what is called complete systematic land registration (ptsl). in its implementation, the city government of semarang is targeting as many as 50,000 certificates to be registered with a total of 55,000 land parcels so that with a high quantity output, many problems will occur and a strategy is needed to solve it. based on these problems, it is necessary to study related problems and the completion of the semarang city ptsl program 2021. the research was carried out using a juridical approach by obtaining the results of research in the field. especially in the area of bendan duwur and sampangan urban villages, semarang city in implementing the ptsl program in 2021 in the city of semarang. through this research, the obstacles to implementing ptsl semarang city 2021 lie in the implementation of socialization, data collection and asset registration as well as in digitizing ptsl data. the settlement strategy that can be taken to minimize the problems of implementing ptsl is by improving resource strategies, coordinating with villages / sub-districts in making a physical land acquisition statement, as well as educating the public regarding online data that has been undertaken to support conversion from analog data to data. digital. keywords: land registration, legal certainty, integrated land registration how to cite: rachmawati, f., choirinnisa, s. a., & latif, l. (2021). integrated land registration system: between legal certainty and challenges (case of semarang city). indonesian journal of advocacy and legal services, 3(2), 217-232. https://doi.org/10.15294/ijals.v3i2.45895 issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 2 (2021): 217-232 doi: 10.15294/ijals.v3i2.45895 submitted: 13 july 2021 revised: 15 august 2021 accepted: 1 september 2021 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ f. a. rachmawati, s. a. choirunnisa, & l. latif 218 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction land registration is a very important thing for all people in indonesia to provide legal certainty to obtain legal protection for the control and ownership of a land parcel. legal certainty guarantees that are to be realized are in the form of rights ownership status, certainty of the subject of rights, and also certainty of the object of land rights. the existence of legal certainty over land rights is the aim of managing the medium-term development plan. the implementation of land registration is the obligation of the government and rights holders as stipulated in law no. 5/1960 articles 19, 23, 32 and 38. the implementation of the first land registration is complete systematic land registration (ptsl) organized by the ministry through atr / bpn. ptsl is a land registration activity for the first time carried out for all land parcels by collecting and determining the truth between the physical data and the juridical data of the land. with the aim of realizing the provision of legal certainty and legal protection of community land rights based on the principles of simple, fast, smooth, safe, fair, even, open and accountable. so that it can improve welfare and prosperity for the community. the ptsl program is carried out evenly throughout all regions in indonesia, including in the city of semarang. the semarang city atr / bpn targets more than 55,000 parcels registered, 50,000 land parcels that have been certified, and also 148,000 plots for data improvement or k4 with the aim of becoming a complete city. the legal umbrella for the ptsl program refers to the regulation of the minister of atr / ka bpn no. 6 of 2018 regarding complete systematic land registration (ptsl). the implementation of ptsl is carried out by registering land parcels, both certified and uncertified, by involving rt, rw, lpmk, babinsa, subdistrict, and national land agency which will then produce output in the form of a land list or nominative for each sub-district. then in its implementation, namely by collecting physical data / measurements of land parcels and also collecting juridical data. which will later be collected through the kelurahan, so that it becomes a complete ward. a series of implementation of the ptsl program has been carried out starting from pre-socialization for each sub-district, to socialization at the kelurahan level. of course this is done so that the public knows about the purpose of the complete systematic land registration program in the city of semarang. although various regulations in implementing ptsl have been carried out. however, there are still obstacles in the implementation of ptsl in 2021. various problems regarding the ptsl program still occur in the integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 219 community which cause obstruction to the implementation of ptsl in an area. therefore, in this paper we want to examine the problems and negative and positive impacts of this ptsl program, as well as provide efforts or forms of resolution to problems in the 2021 complete systematic land registration in semarang city. b. method this study uses an empirical juridical approach. the approach in this research is carried out based on the main legal material by examining theories, concepts, principles, and laws and regulations related to this research. where we review the legal provisions that apply in society and identify what is happening in people's lives. in this juridical approach we analyze the regulation of the minister of atr / bpn number 6 of 2018 concerning complete systematic land registration. the type of data used in this paper is primary data, we obtained this primary data from the results of research in the field. especially in the area of bendan nduwur and sampangan urban villages, semarang city in implementing the ptsl program in 2021 in the city of semarang. in addition, we also use secondary data that we get from online legal sources, both from laws, ministerial regulations, and other regulations. after the data for the study had been obtained, we conducted an analysis of the problems that occurred in the 2021 complete systematic land registration (ptsl) program in semarang city. c. result and discussion 1. the problems of the ptsl program in semarang city 2021 the ptsl 2021 program in semarang city is a breath of fresh air for people who are waiting for a clearer legal status of their land rights. therefore, various kinds of facilities are applied for the smooth running of this program. however, in implementing this ptsl program, there are various macroblematics, namely: 1) socialization / outreach the government, in making a public policy, is always followed by socialization. this is a process that is carried out after the policy is made and before the policy is implemented.1 in implementing this policy, 1 dian herdiana, (2018), “sosialisasi kebijakan publik: pengertian dan konsep dasar”. jurnal ilmiah wawasan insan akademik, 1(3), p. 17. f. a. rachmawati, s. a. choirunnisa, & l. latif 220 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) socialization plays an important role so that the policy can be implemented perfectly, here are the reasons: a. the substance of public policy needs to be known by various parties. in this case, socialization is an effective way of disseminating information about public policies to be implemented. b. the parties who are targeted and related to the policies made need knowledge and understanding of these public policies. therefore, socialization is present as a bridge to provide guidance, knowledge and understanding to the target and related parties. after the public policy is made, of course there needs to be a response, readiness and the ability of the parties involved. therefore, socialization has a role to provide an overview and prediction of the success rate of the implementation of these public policies. in implementing the ptsl program in 2021 in the city of semarang, the land office as the party implementing the program conducted outreach to the target or related parties, this socialization was held in january-march. the parties who received the socialization were the community and government instruments from rt to district as well as related parties. in addition, muspika elements are also involved which will support the smooth running of the ptsl program in 2021 in the city of semarang. matters that are conveyed in the socialization or counseling are contained in article 16 paragraph (2) battle of the minister of agrarian and spatial planning / head of the national land agency number 6 of 2018 concerning complete systematic land registration which reads:2 (2) extension as referred to in paragraph (1) shall be conducted by providing an explanation at least regarding: a. benefits for the community, government and the state for the results of implementing ptsl activities; b. stages and mechanisms of ptsl activities; c. determination and installation of brick signs for each plot of land; d. juridical documents that need to be prepared; e. schedule for measuring land parcels and collecting juridical data by the physical task force and the juridical task force; f. the final result of ptsl activities; 2 pasal 16 ayat (2) petaruran menteri agraria dan tata ruang/ kepala badan pertanahan nasional nomor 6 tahun 2018 tentang pendaftaran tanah sistematis lengkap integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 221 g. financing provided by the government and / or other legitimate sources through ptsl activities; h. legal consequences that occur if the obligations and responsibilities referred to in letters c and d above are not fulfilled; i. the right to object to the adjudication results announced during the announcement period; and j. fees and / or taxes that will be borne by ptsl activity participants." the land office as the responsible party, of course, already has its own strategy in order to socialize the ptsl program. this is evidenced by the conduct of ptsl pre-socialization and ptsl socialization. a total of 16 districts and 177 kelurahan must have received this socialization. therefore, it is not uncommon for the socialization of related parties to be carried out in rotation from one sub-district to another and within a day the semarang city land office can provide outreach to several areas. this lack of personnel resulted in a lack of in-depth socialization. socialization carried out for related rt and rw which will later become an extension of the hand in order to provide understanding to the community, there is often miscommunication. this matter, impact on public perceptions of this ptsl program which is considered a certificate bleaching program. in fact, these two things are different programs. in addition, it is not uncommon for people to flock to the land office directly to inquire or even provide necessary documents that should be collected collectively through the rt and rw of the kelurahan. this indicates that the socialization carried out to rt and rw is not in depth. due to limited time and personnel owned by the semarang city land office. it is not uncommon for people to flock to the land office directly to inquire or even provide necessary documents that should be collected collectively through rt and rw kelurahan. this indicates that the socialization carried out to rt and rw is not in depth. due to limited time and personnel owned by the semarang city land office. it is not uncommon for people to flock to the land office directly to inquire or even provide necessary documents that should be collected collectively through rt and rw kelurahan. this indicates that the socialization carried out to rt and rw is not in depth. due to limited time and personnel owned by the semarang city land office. in addition, the characteristic of urban society is the individual characteristic of society which is caused by an environment that is competitive and has a high degree of heterogeneity in various f. a. rachmawati, s. a. choirunnisa, & l. latif 222 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) aspects.3this characteristic is also a factor in hindering the socialization process because many people do not care about the activities being held in the community. and as a result, many people do not know in-depth and comprehensive information about ptsl in 2021 in the city of semarang. 2) data collection and asset registration one of the goals of holding the ptsl program is that all land parcels in the city of semarang are registered and have certificates, including assets belonging to agencies in the city of semarang. these agencies are: regional military command iv diponegoro; polrestabes of semarang city; pt. kai daop iv semarang; regional financial and asset management agency (bpkad) central java province; regional financial and asset management agency (bpkad) semarang city; pt. rajawali nusantara indonesia; pt. perhutani central java regional division; pt. pelindo iii (persero) regional central java; the pemali river basin hall juana; pt. pln (persero) central java; supervision and customs service office type madya pabean a semarang; bri regional office semarang; btn semarang regional office; bank mandiri semarang regional office; central java bank semarang regional office. about 17 of these agencies have assets that are scattered throughout the city of semarang. plots of land belonging to the agency must be recorded and registered, so that all assets are recorded and can be properly utilized. however, it is also not uncommon to collect data and register these assets. there are many obstacles, such as agencies that legally own these assets (have proof of ownership or reasons for this) but do not physically control them. on the other hand, there are parties who control the land physically but do not have proof of ownership or legal title. of course, this has an impact on both parties who do not get clear legal certainty. because each party does not control physically or juridically. of course, this dispute must be resolved first in order to move up to the next stage. because in accordance with article 12 paragraph (1) government regulation number 24 of 1997 concerning land registration which reads:4 "the land registration activities for the first time include: a. physical data collection and processing; 3 saebani, beni ahmas, (2017), “sosiologi perkotaan: memahami masyarakat kota dan problmematikanya”, bandung: pustaka setia, p. 26. 4 pasal 12 ayat (1) peraturanpemerintahnomor 24 tahun 1997 tentangpendaftaran tanah integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 223 b. proof of rights and bookkeeping; c. certificate issuance; d. presentation of physical data and juridical data; e. storage of public registers and documents. " this indicates that proof of rights is very important during the land registration process. in addition, the result of the dispute between these parties has hampered the running of the ptsl program for the affected communities and agencies. the related agencies cannot collect data and manage their assets and the community is threatened that they cannot get land to live in. even though in reality, the community has been occupying the land for more than 20 years. however, this does not mean that the relevant agency has waived rights. 3) data digitization the national land agency has a visionary view, this is marked by various kinds of easy services and fast-paced, digital-based access to information. transformation and renewal have continued to be developed since 2013. there are land services that can now be accessed electronically, including: insured rights; land value zone information (znt); certificate of land registration (skpt); and the last is checking the certificate of land.5 to support the conversion from analog data to digital data, it is necessary to have steps that must be passed. in this ptsl program at the same time converting analog data into digital. like the example. data collection and measurement is still carried out on land that has been certified to validate existing data in the previous system. the incoming data is then processed and can be accessed electronically. for the first time land registration, a soft file is required. this has led to many obstacles in its implementation. many ordinary people still don't understand how to scan and enter data into excel. moreover, many rt heads and rw heads are not very good at operating this matter. so, there are often miscommunications related to what data needs to be digitized and which ones don’t. moreover, recently there has been news about the digital certificate discourse. the public is worried that the data they have is misused or even transferred through this digital system. this resulted in some 5 kementerian agraria dan tata ruang/badan pertanahan nasional 11/2020, diakses dari https://www.atrbpn.go.id/?menu=baca&kd=ggrcuci0mpydw8h5j+rp5rycdy+hrbjscc vg+vrdonsalt1ik6ud7ebxwh+moaxp>. [diakses pada 20 maret 2021] f. a. rachmawati, s. a. choirunnisa, & l. latif 224 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) parties refusing to submit their data to support data digitization services carried out by the semarang city land office. this is also still related to the news or hoaxes spreading among the public. 2. the impact of implementation of ptsl 2021 in semarang city land titling is a step that must be taken by all castes of society, both ordinary people and state officials and even the president, to obtain a right base that has legal certainty to own a parcel of land, namely a certificate. registering land is something that is indispensable in the context of land management. registering land in the atr / bpn database will facilitate and improve services in the land sector.6 in implementing the complete systematic land registration (ptsl) program, it has received many positive responses from various circles of society and also helps the community to obtain legal certainty. the ptsl program is a program that is simultaneously implemented for all regions in the republic of indonesia. as has been explained that ptsl uses the 3m factor, namely spread, thorough, evenly. this program is from bpn through one door, namely from the kelurahan or something equivalent. therefore, it requires accurate and fast communication and information distribution in the dissemination of all matters concerning the ptsl program such as mapping, data collection, both physical and juridical, data validation, the following are the impacts that are likely to occur in the implementation of ptsl 2021 in the city of semarang with a sample of the bendan duwur and sampangan villages: impact does not mean things that are always associated with negative, impact is an effect that appears or appears after something is carried out or implemented. various positive impacts were also obtained by the ptsl 2021 participant community, in addition to getting convenience and making it free by the government for all its management they will also get legal certainty or land rights, along with the positive impacts of ptsl 2021 on the community and bpn: 1) obtaining certainty of rights as we know, land registration is an activity carried out by the government in order to provide legal certainty for the community regarding their land ownership. land registration is also a mandate of article 19 of law number 5 of 1960 concerning basic agrarian principles, which has been stated in article 19 paragraph (1) of the uupa that "to ensure legal certainty by the government, land registration is held 6 wahyuni , “problematika pelaksanaan pendaftaran sistematik lengkap dan alternatif penyelesaianya”, sekola tinggi pertanahan nasional, p. 2. integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 225 throughout the territory of the republic of indonesia. according to the provisions regulated by the government regulation".7 complete systematic land registration in 2021, which distinguishes it from the previous year, one of which is that the certificate is given with the information that bphtb and pph are owed, so the certificate will be given and bphtb and pph can be paid afterwards. if last year must attach bphtb and pph paid off. because this is stated in pp no. 24/1997 where if there is a transfer of land rights, the obligation given to the parties concerned is to attach proof of payment of fees for acquisition of land and building rights (bphtb and pph) the government in 2021 provides relief by granting certificates with payable bphtb and pph, but the public is obliged to fulfill their obligations after the certificate is issued or thereafter.8 with the registration of land and the issuance of a certificate from the ptsl program, people who previously had not registered their land will get certain legal certainty. where the title or certificate has been registered with bpn and the receipt is in the form of a certificate in the name of the owner of the land or building concerned. by registering the land into the data at bpn, legally the land owner has legally owned the land. 2) reduction of disputed land described in the regulation of the minister of agrarian and spatial planning / head of the national land agency of the republic of indonesia number 11 of 2016 concerning settlement of land cases, it has been explained that: "land disputes, hereinafter referred to as disputes, are land disputes between individuals, legal entities, or institutions that have a wide impact" . land disputes usually have occurred because of several factors, namely the perpetrators of buying and selling land against the law (especially land) in effect in indonesia, the two land certification 7 ridho afrianedy, “kepastian hukum bagi tanah adat setelah adanya undang-undang nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria”, diakses dari https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelahadanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokokpokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilay ah%20republik%20indonesia%20menurut%20ketentuan%2d , pada maret 19 2021. 8 isdana ayu, (2019), “kepastian hukum penguasaan tanah melalui pendaftaran tanah sistematis lengkap di kota batu”, jurnal mimbar hukum , 31(3), p. 347. https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d f. a. rachmawati, s. a. choirunnisa, & l. latif 226 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) systems in indonesia are merely formalities. therefore, the land dispute court system can generate a lot of money and a lot of time.9 with the existence of ptsl, land certification becomes easier and if all fields have been recorded by bpn and have also been certified, the possibility of disputes will be less. disputes usually originate from the unclear reasons for the existing rights in a land parcel, and then some people begin to admit that the land is theirs, with many claims on the land then a dispute occurs. with the existence of this ptsl, land parcels that have not been certified and do not have a definite title will be given a certificate which in addition to providing strong legal certainty for the land owner also avoids disputes with other people. 3) land value increases the sales value of tax objects (njop) is a barometer or one of the factors that refers to determining the price of a building or land. several studies have proven the dynamics of the selling value of land and also the factors that can influence it in indonesia. hadi has conducted research on making research models regarding the determination of the tax object sales value (njop) by paying attention to the spatial location and physical factors of the land on the land studied in jakarta. the land factors that have been studied include cbd, land area, road width, and front width. from this research, it has been shown that the land area, road width and front width have a very positive effect on the selling price of land in the study area, but cbd has a negative effect.10 yenna, hermanto and bambang have also conducted research in sukoharjo district where land prices in the area have increased twofold after land certification. this result is evident where the price of land in the area is rp. 57,076.92 per m2, and after being certified the average in the area is idr 125,653.85 per m2.11with this research, land certification has been proven to increase the selling price or value of the land. the njop will change after the registered object has a certificate because the land already has a title. with this, in my opinion, residents will also be greatly helped apart from obtaining legal certainty, the price of the land 9 yuhan al khairi , “sengketa tanah – definisi , hukum dan cara menyelesaikannya”, dikutip darihttps://www.99.co/id/panduan/sengketa-tanah , pada tanggal 19 maret 2021. 10 yenna, hermanto et all, (2016), “pengaruh sertifikasi tanah terhadap nilai tanah dan kondisi ekonomi masyarakat di kabupaten sukoharjo” , jurnal aplikasi bisnis dan manajemen , 2(3), p. 307. 11 ibid. https://www.99.co/id/panduan/sengketa-tanah integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 227 they own will increase over time, because land is a very valuable asset and the price is sure to increase every year. likewise in semarang, especially in the sample areas in the making of this journal, namely bendan nduwur village and sampangan village. the people there are very enthusiastic about participating in the ptsl program, apart from expecting a certain right base with the existence of ptsl the land they own is expected to increase in value after obtaining a certificate. in kelurahan sampangan and bendan nduwur according to the data that i saw and asked the community, namely in the sampangan village area, i had time to ask one of the residents what the price of land in the area was even though i had not seen the njop, he said that per meter it could be up to 4 -5 million rupiah. this is very beneficial if uncertified land gets a certificate, its value will soar. 4) easier land data collection ptsl or complete systematic land registration in addition to having a land registration function also has a function for data collection, bpn conducts land data collection on all land, both certified and uncertified. according to bpn data for semarang city, from an area of 378.67 km2, 16 districts and 177 kelurahan there are 627,120 land parcels and 558,613 (89.08%) registered land plots, 418,004 (74.83%) mapped, unmapped (140,609) ( 25.83%), and 68,507 (10.92%) unregistered land parcels.12 with the existence of ptsl through the data collection function of all land parcels in the city of semarang, it is hoped that it will be recorded and recorded in the bpn system. this data collection is carried out starting from the data collection of land parcels, both registered (certified) and unregistered (not certified) by involving rt, rw, lpmk, babinsa, bhabinkamtibnas, kelurahan, bpn. the output is a list of land / nominative lists per village. after that carry out physical data collection / measurement and juridical data collection which is carried out by focus per sub-district, after which one sub-district has finished it will shift to the next sub-district and so on (either community land or assets owned by the government) so that it is expected that the data in each kelurahan to be complete, complete district and city complete (3m, close, close, comprehensive). with the data collection of land assets in the form of fasum / fasos / rth / river roads etc., starting from the rt / rw / kel, kec to semarang city levels are recorded and registered so that related to location, 12 paparan sosialisasi ptsl 2021 bpn kota semarang f. a. rachmawati, s. a. choirunnisa, & l. latif 228 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) maintenance, submission of repair proposals etc., the supporting data will be clearer. each land can have a pbb nop “addres” and an integrated population nik, so that each land parcel is identified who owns it and knows the pbb tax data, so that the potential for pad in semarang city will be better. 3. resolving obstacles to implementing the ptsl program in semarang city 2021 in the implementation of the complete systematic land registration program in the city of semarang, especially those that have been undertaken in bendan duwur and sampangan sub-districts, of course there are various obstacles in the implementation of ptsl 2021. basically, the purpose of holding the ptsl 2021 program is one of which is to provide legal certainty and legal protection to community related to the control of a land parcel, especially the holder of land rights based on the principles of simple, fast, smooth, safe, equitable and open and accountable. legal certainty can be in the form of issuance of proof of ownership of land rights originating from land registration activities in the form of issuance of proof of ownership to prove himself as the holder of the rights concerned.13 the various problems and constraints that occur in the implementation of complete systematic land registration in semarang city, of course, must be able to solve the problem, here are the solutions that can be used as a solution to the problem of ptsl semarang city according to the author, namely as follows: 1) improving the strategy of resources, facilities and infrastructure the completion of the complete systematic land registration program is through improved strategies in coordination carried out by the ptsl core committee in semarang city. coordination is needed with the concept of mutual benefit, it is necessary to formulate what benefits are obtained, the coordination system is also not only local but more national in nature so that it does not depend on the quality of everyone's communication skills.14 complete systematic land registration will not run successfully if it is not supported by other institutions / sectors. support from the local government is also very important and needed because in terms of 13 mira novana ardani, (2019), tantangan pelaksanaan kegiatan pendaftaran tanah sistematis lengkap dalam rangka mewujudkan pemberian kepastian hukum, jurnal gema keadilan. 6(3), p. 270. hlm 270. 14 wahyuni, (2017), problematika pelaksanaan pendaftaran sistematik lengkap dan alternatif penyelesaiannya (studi kasus di provinsi sumatera utara), sekolah tinggi pertanahan nasional, p. 3. integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 229 completeness of the ptsl files issued by other agencies.15 in this case, the coordination improvement strategy carried out by the village government will benefit the availability of village maps for the purposes of planning and implementing village development. in addition to the coordination that needs to be improved, which is an important concern in the implementation of ptsl 2021, namely in human resources in the implementation of ptsl 2021 because the need for human resources greatly determines the success of implementing ptsl in terms of quality and quantity. the insufficient number of human resources in the semarang city land office is coupled with the problem of routine land registration services which is quite large, the number of land parcels increases every year in ptsl activities. of course, it is necessary to calculate the number of asn with the volume of work, so that routine work and ptsl can go hand in hand without neglecting routine activities.16 so, according to the author, in implementing the ptsl program by increasing the number of available human resources and in terms of quality of resources, it will be a solution to the problem of implementing ptsl in the city of semarang. in addition, efforts need to be made in overcoming obstacles in the implementation of ptsl by the semarang city land office related to the volume of acceptance of routine activities / routine land services that receive routine work every day in addition to completing work related to ps. 2) proof of ownership of rights in the second settlement, there is evidence of ownership of rights which has been regulated in article 22 of the ministerial regulation / head of bpn no. 6 of 2018 which explains that in the case of incomplete or non-existent land ownership, it can be completed and proven by a written statement regarding the physical ownership and / or control of the land in good faith by the person concerned.17 the statement letter must also be witnessed by at least 2 (two) witnesses from the local environment who are not blood-related or have no family ties. the elucidation contained in article 22 requires a written statement regarding physical control over land parcels in good faith. 15 ibid, p. 14. 16 dian aries mujiburohman, (2018), “potensi permasalahan pendaftaran tanah sistematik lengkap (ptsl)”, jurnal bhumi sekolah tinggi pertanahan nasional. 4(1), p. 93. 17 peraturan menteri/ka.bpn no. 6 tahun 2018 tentang pendaftaran tanah sistematis lengkap f. a. rachmawati, s. a. choirunnisa, & l. latif 230 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) to minimize the occurrence of land dispute cases, the importance of the role and coordination of the village / kelurahan is not neglected in making a statement of physical land acquisition as formal evidence of control over land in good faith, there must be recognition and justification by the customary law community or the village / kelurahan concerned. furthermore, the element of good faith from the fact that physically controls, uses, utilizes, and maintains the land from generation to generation for a certain period of time and / or obtains in a way that does not violate the provisions of laws and regulations. good faith is evidenced by the statement of the ptsl adjudication applicant / participant stating that there are no objections from other parties regarding land that is owned or not in a state of dispute and is not included or is not an asset of the government, regional government,18 basically, good faith means honesty, honesty of rights holders in acquiring land, honesty in fulfilling predetermined conditions. 3) public education related to electronic digitalization technology the development of technology is currently very fast, everything is completely digital. in this digital era, humans generally have a new lifestyle that cannot be separated from all electronic devices. technology can be a tool that can help most human needs. technology can be used by humans to make it easier to do any task and job. the important role of technology is what brings human civilization into the digital era.19 so that in an effort to resolve obstacles in the ptsl 2021 program, the role of the government in the implementation of the semarang city ptsl program is to educate the public regarding online data that is currently being undertaken to support the conversion from analog data to digital data, there are steps that must be passed. in this ptsl program at the same time converting analog data into digital. the incoming data is then processed and can be accessed electronically. for the first time land registration, a soft file is required. so that ordinary people who still do not understand how to scan and enter data into excel prior to the implementation of the ptsl program, the socialization is explained regarding how to scan data and what is prioritized in the committee also needs young people who understand more about technology because many rt and rw heads are not so adept 18 pasal 22 peraturan menteri/ka.bpn no. 6 tahun 2018 tentang pendaftaran tanah sistematis lengkap 19 wawan setiawan, (2017), “era digital dan tantangannya. seminar nasional pendidikan” p.1. integrated land registration system indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 231 at operating it. so, there are often miscommunications related to what data needs to be digitized and which ones don't. d. conclusion various regulations have been made to run the ptsl program in order to provide guarantees and legal certainty as well as provide legal protection to reduce disputes. however, in its implementation there are still obstacles. the problems arise from pre-socialization, socialization, to the implementation of this ptsl. resolution and efforts to obstruct the implementation of ptsl semarang city 2021, namely improving the strategy for resources, facilities and infrastructure, the importance of the role and coordination of villages / sub-districts not being neglected in making a statement of physical mastery of land as formal evidence of control over land in good faith must be recognized and justified by the customary law community or the village concerned. e. acknowledgments none. f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. g. funding none. h. references afrianedy. r, “kepastian hukum bagi tanah adat setelah adanya undangundang nomor 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria”, accessed on https://www.pa-cilegon.go.id/artikel/251kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undangnomor-5-tahun-1960-tentang-peraturan-dasar-pokokpokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20aman at%20dari,wilayah%20republik%20indonesia%20menurut%20ketentu an%2d , accessed on march 19 2021. ahmas, s. b. (2017), “sosiologi perkotaan: memahami masyarakat kota dan problmematikanya”, bandung: pustaka setia. https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d https://www.pa-cilegon.go.id/artikel/251-kepastian-hukum-bagi-tanah-adat-setelah-adanya-undang-undang-nomor-5-tahun-1960-tentang-peraturan-dasar-pokok-pokokagraria#:~:text=pendaftaran%20tanah%20merupakan%20amanat%20dari,wilayah%20republik%20indonesia%20menurut%20ketentuan%2d f. a. rachmawati, s. a. choirunnisa, & l. latif 232 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) ardani, m. n. (2019), tantangan pelaksanaan kegiatan pendaftaran tanah sistematis lengkap dalam rangka mewujudkan pemberian kepastian hukum, jurnal gema keadilan. 6(3). ayu, i. (2019), “kepastian hukum penguasaan tanah melalui pendaftaran tanah sistematis lengkap di kota batu”, jurnal mimbar hukum , 31(3). herdiana, d. (2018), “sosialisasi kebijakan publik: pengertian dan konsep dasar”. jurnal ilmiah wawasan insan akademik, 1(3). kementerian agraria dan tata ruang/badan pertanahan nasional 11/2020, accessed on https://www.atrbpn.go.id/?menu=baca&kd=ggrcuci0mpydw8h5j+rp5 rycdy+hrbjsccvg+vrdonsalt1ik6ud7ebxwh+moaxp>. in march 20th 2021. khairi, y. a. “sengketa tanah – definisi , hukum dan cara menyelesaikannya”, dikutip dari https://www.99.co/id/panduan/sengketa-tanah , accessed on march 19th 2021. mujiburohman, d. a. (2018), “potensi permasalahan pendaftaran tanah sistematik lengkap (ptsl)”, jurnal bhumi sekolah tinggi pertanahan nasional. 4(1). paparan sosialisasi ptsl 2021 bpn kota semarang peraturan menteri agraria dan tata ruang/ kepala badan pertanahan nasional nomor 6 tahun 2018 tentang pendaftaran tanah sistematis lengkap peraturan pemerintah nomor 24 tahun 1997 tentangpendaftaran tanah setiawan, w. (2017), “era digital dan tantangannya. seminar nasional pendidikan” wahyuni, (2017), problematika pelaksanaan pendaftaran sistematik lengkap dan alternatif penyelesaiannya (studi kasus di provinsi sumatera utara), sekolah tinggi pertanahan nasional. yenna, hermanto et all, (2016), “pengaruh sertifikasi tanah terhadap nilai tanah dan kondisi ekonomi masyarakat di kabupaten sukoharjo” , jurnal aplikasi bisnis dan manajemen , 2(3). https://www.atrbpn.go.id/?menu=baca&kd=ggrcuci0mpydw8h5j+rp5rycdy+hrbjsccvg+vrdonsalt1ik6ud7ebxwh+moaxp https://www.atrbpn.go.id/?menu=baca&kd=ggrcuci0mpydw8h5j+rp5rycdy+hrbjsccvg+vrdonsalt1ik6ud7ebxwh+moaxp https://www.99.co/id/panduan/sengketa-tanah development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 23 development method of village consultative body post head village election in kalikayen village, east ungaran district mariyatul qibtiyah1, siti muafifah2 1,2 faculty of law, universitas negeri semarang, indonesia *corresponding author: m. qibtiyah, email: qibtiya37@students.unnes.ac.id abstract: various conditions after the head village election have a great impact to the development of village itself especially on village constulative body structure. the article highight some problems: (1) what is urgency of village council developing method, post head of village election in kalikayen?; and (2) what is the method of village council development, post head of village election in kalikayen? therefore, there is a method of developing village council post village election in order to answer the challenges mentioned above. the purpose of this program is to find out the guidance carried out by the regional government of the village council, the village council to be able to carry out their duties properly, and submit proposals to the government to pay more attention to the implementation of village government. after the completion of this dedication, the village council now understands their duties and functions as well as its role in village development. in addition, the village council already has the knowledge and experience in drafting village regulations. outcomes of our service programs include the publication of a village guidebook module that contains the optimization of the implementation of the village law, the management of village funds, the techniques for establishing regulations in the village. the next output is the draft village regulations and the village head regulations, as well as the activity proposal form and problem priority of each backwoods. keywords: consultative body; development method; legal services; pilkades how to cite: qibtiyah, m., & muafifah, s. ‘development method of village consultative body post head village election in kalikayen village, east ungaran district’. indonesian journal of advocacy and legal services, 1(1), 23-44. doi: 10.15294/ijals.v1i1.33734 indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 1 (2019): 23-44. doi: 10.15294/ijals.v1i1.33734 submitted: 28 august 2019 revised: 7 september 2019 accepted: 13 september 2019 m. qibtiyah & s. muafifah 24 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) a. introduction the village has the authority to manage its own government, one of that is in determining the head of village, the community can directly elect the person who will become the village head through a democratic system by holding village head elections. after the village head is elected, the village development planning process has begun to be compiled, including village deliberations, the preparation of the rpjmdes, rkpdes, apbdes, all of which is outlined in the village regulation. the village council has an important role in village development because it is a government organization that carries out legislative functions. in addition to this, the composition of the village consultative council members is new and different from the previous year and many of them do not yet know the direction of the government system in the village. members of the village council come from different educational, environmental and economic backgrounds, so that they need guidance and assistance in carrying out their duties and functions as a village council. furthermore, one of the obstacles in village development planning after the election of the village head is the lack of understanding of the village council regarding its functions and the lack of knowledge and enthusiasm of the community regarding village development planning. if we look at the village authority as regulated in law number 6 of 2014 and minister of home affairs regulation no. 44 of 2016 concerning village authority, the village has broad authority to administer the village in order to achieve an independent and prosperous village within the nkri frame. in general, village authority encompasses authority in the area of administering village governance, implementing village development, fostering village community, and empowering village communities based on community initiatives, original rights and customs of the village. seeing some of the problems mentioned above, we need a special coaching method so that the village council can carry out its duties for the next 6 years. at this article, some of the formulation of the problems we will take is: (1) what is urgency of village council developing method, post head of village election in kalikayen?; and (2) what is the method of village council development, post head of village election in kalikayen?. this article is structured to find out the urgency of the formation of the village council after the election of the village head and to describe the method of developing the village council for the post village election of the village head in kalikayen village. development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 25 b. method this research uses an empirical juridical approach. according to waluyo, empirical legal research in other terms often reffered as sociological legal research and can also be referred to as field research. this sociological law research starts from primary data. primary data or basic data is data obtained directly from the community as the first source through field research. obtaining primary data from field research can be done either through observation, interviews or questionnaires.1 our method is to do interviews and discussions with members of the village council and village officials. in addition we involve the community in this guidance process because the community has an important role in the duty of the village council. the location of this service was held in kalikayen village, ungaran timur district, semarang regency. the time of this dedication was carried out on july 15 to 27 august 2019. the activities that we carried out included holding an initial village council consultation, reviewing the village law, studying together to formulate village regulations, discussing preparations for the musrenbang, planning the musrenbang with community leaders. the target of our development program is the village council, the village officials, the head of the rt / rw, the institution in the village. the focus of our coaching program is to understand the village law together, the stages and techniques for establishing regulations in the village, and to organize village development through musrenbang. we carried out this by dissecting the village law together with community leaders, assisting the village council in the process of forming village regulations, assisting each village chief in preparing the proposed activity and village consultation documents. c. result and discussion 1. analysis of village government on village autonomy a. village autonomy since the enactment of law no. 6 of 2014 concerning villages, the village now has its own authority to regulate the administration of its government and to develop villages by maximizing potential through community participation and empowerment. this law is the result of community struggles that make villages the main concern of the government in realizing prosperity, justice and independence. the village 1 waluyo, bambang. penelitian hukum dalam praktek. jakarta: sinar grafika. 1996. p.16 m. qibtiyah & s. muafifah 26 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) law contains guidelines on village development that are realized through development planning deliberations, village financial management, village regulations, bum desa, village head elections, village consultative bodies. as a village, it should be proud and have the spirit to find the identity of the village so that it can become an independent and prosperous village in accordance with the ideals of the indonesian people regional autonomy in indonesia has opened up as many opportunities as possible for regional governments to be responsible in managing their own government affairs. this is one of the answers to the problem of unbalanced development between the center and the regions as well as between districts and cities. this imbalance causes high rates of poverty in indonesia. based on bps data (september, 2015) it states that the poverty rate in urban areas is 8.22% while the poverty rate in rural areas reaches 14.09%.2 because of this, the government paid great attention to rural development, one of which was the birth of law no. 6 of 2014 concerning villages. this law gives broad authority to the village, including government governance, village development, empowerment, and fostering village communities. law no. 6 of 2014 concerning villages provides broad space for the community to regulate development planning on the basis of community priority needs without being burdened by programs from various government agencies, here in after referred to as village autonomy. village autonomy is genuine, round and complete autonomy and is not a gift from the government. instead the government is obliged to respect the original autonomy held by the village.3 the village is a legal community unit that has the authority to manage and manage government affairs, the interests of the local community based on community initiatives, original rights, and / or traditional rights that are recognized and respected in the republic of indonesia's government system.4 the authority that has been given is the basis of the village to move to build the community in the village to become an independent and prosperous society. even though the village has been granted special autonomy, this authority cannot be separated from the nkri frame. 2 nyimas, latifah letty aziz. otonomi desa dan efektivitas dana desa. jurnal penelitian politik, vol. 13.no. 2. 2016, p.193 3 haw widjaja, otonomi desa: merupakan otonomi yang asli, bulat dan utuh, jakarta, pt raja grafindo persada, 2008, p.165. 4 m.silahudin. kewenangan desa dan regulasi desa. jakarta: kementerian desa, pembangunan daerah tertinggal dan transmigrasi republik indonesia. 2015, p.11 development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 27 village autonomy is intended to make efforts to develop and improve village welfare more quickly, this will not happen if village development is still determined and centrally designed as in the past. the village authority contained in the village law states that villages have four authorities, including (1) authority based on original rights. this is different from previous legislation which states that existing government affairs are based on the village's original right, (2) local-scale village authority where the village has full authority to regulate and administer the village. in contrast to the previous legislation which states, governmental affairs which become the authority of the regency / city are handed over to village regulations, (3) authority assigned by the government, provincial government, or regency / city government. (4) other authorities assigned by the government, provincial regional government, or regency / city regional government in accordance with statutory provisions. b. urgency of village government assistance from local government the compilation of village regulations is very urgent especially after the birth of law number 6 of 2014 concerning villages.5 the village must always make the village regulation as a legal protection for the village in implementing village programs for the welfare of the village. therefore, each village must understand very well especially related to the compilation of village regulations. this is done so that the village regulations made by the village council and the village government can be in accordance with the provisions of existing laws and regulations and can run well in accordance with the provisions.6 to further strengthen understanding of village assistance, the ministry of villages issued ministerial regulation (permen) no. 03 of 2015 concerning village facilitators. there it was explained that village facilitators were not managers of development projects in the village. village assistance work is focused on efforts to empower village communities through the social learning process. thus, village assistance is not burdened with the dutys of managing financial administration and village development based on the village law which has become the duty and responsibility of the village government.7 the aim of village assistance is to increase the capacity, effectiveness and accountability of village governments and village development. increase 5 undang-undang republik indonesia nomor 6 tahun 2014 tentang desa. 6 djogo, tony.(2003). kelembagaan dan kebijakan dalam pengembangan agroforesti. word agroforestry centre (icraf) southeast asia. 7 sumber saparin, luas bidang kegiatan pemerintahan, tata pemerintahan dan administrasi pemerintahan desa, ghalia indonesia. p 15 m. qibtiyah & s. muafifah 28 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) initiatives, awareness and participation of village communities in participatory village development. improve the synergy of inter-sectoral village development programs and optimize the village's local assets emancipatively. within the scope of assistance the village community is implemented in stages to empower and strengthen the village. village community facilitation is in accordance with the needs based on the geographical conditions of the region, the value of the village apb, and the scope of activities that are assisted by the government, provincial government, district / city government, and village government to make efforts to empower village communities through sustainable village community assistance, including in terms of providing human resources. article 127 of government regulation no. 43 of 2014 provides more detailed directions. village facilitators must oversee the planning and budgeting in favor of the interests of the poor, the disabled, women, children and marginal groups. if pnpm facilitators only focus on blm budgeting only, then village facilitators must oversee village financial consolidation through the apbdesa. village income sources, starting from padesa, add from the apbn, village fund allocation (add) from the apbd, revenue sharing from taxes and levies, and various other sources of income must be managed transparently and accountably through the apbdesa. the administration of village government still faces a number of challenges and obstacles. a number of obstacles faced in the current administration of village governance include the low effectiveness of institutional and village governance and community services. in addition, the low capacity and quality of service of village government apparatus, the limited access of the community to village administration information, and the weak coordination between ministries / institutions and regional governments in village development. law number 6 of 2014 concerning villages mandates that the government, provincial regional government, and regency regional government to empower the village community. empowerment of rural communities is carried out among others by village assistance. article 112 paragraph (4) of law no. 6/2014 concerning villages mandates that the empowerment of village communities is carried out with assistance in planning, implementing, and monitoring village and rural area development. in the framework of implementing the village law, technically it is carried out by district / city regional work units, which up to now have been assisted by district experts (ta), village assistance staff (pd), village location assistance (pld), village community empowerment cadres, and development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 29 third party. whereas the duty of the sub-district head as subordinate regent / mayor is to coordinate and facilitate village facilitation in the region. the sub-district has a very strategic function in the framework of implementing the village law. but what happens in the field, the implementation of village assistance so far is still running separately. so that the village assistance process does not run optimally. "sectoral ego is still very thick". on the other hand, new mentality in treating the the village has not fully inspired the heart and thoughts of our majority. "both the government and outside the government". the existing conditions in kalikayen village, many village council members only graduated from high school and a number of strata 1 graduates, but the scientific field they owned did not support the governmental administration function. besides this, the regeneration system has not yet been formed. this has an impact on the death of learning both from the evaluation or criticism of suggestions from the previous government related to the implementation of the dutys and functions of the village council. on the other hand, coaching activities are activities that are futures in nature and not in a short time such as a discussion or seminar model. the coaching method is oriented towards the learning process to reach an understanding and realize the importance of the role of the village council for development in the kalikayen village. only a few village councils know the direction of their goals going forward, so they need to be directed. one thing that needs to be considered in village development is the alignment between the provincial development plan with the regency / city and regency / city and district and / or village. the harmony is aimed at making the development effective and vertically harmonizing the laws and regulations. village council members are representatives of the villagers concerned who are determined by deliberation and consensus. village council leaders are elected from and by village council members. the term of office of village council members is 6 (six) years and can be elected again for 1 (one) next term of office. the terms and procedures for determining village council members and leaders are regulated in regional regulations that are guided by government regulations. the number of members of the village representative body is determined based on the number of villagers concerned with the following conditions: (1) the number of villagers up to 1,500 inhabitants, the number of village council members is 5 (five) people. (2) the number of villagers is between 1,501 to 2,000 people, the number of village council members is 7 (seven) people. (3) the number of villagers is m. qibtiyah & s. muafifah 30 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) between 2,001 and 2,500, and there are 9 (nine) village council members. (4) the number of villagers is between 2,501 and 3,000 people, with a total of 11 (eleven) village council members. (5) the population of more than 3,000 people, the number of village council members is 13 (thirteen) people.8 the description of the dynamics of structuring and strengthening the village government institutions behind the scheme offered by the village law shows that village development in the economic field is better than development in the village institutional field after the village law. that is, the openness of space owned by the village government then prioritizes economic development. of course, this is not appropriate because economic development and political development must be aligned together. although, in certain degrees and periods there is a tendency for implementation to slightly highlight one of the dimensions that are needed, but village development should not prioritize one aspect of the two things dominantly . c. the role of the provincial government in village development and supervision as stipulated in the village law article 114, the provincial government has the role of supervision and guidance for the village, some of the roles of the provincial government can be described as follows9: a. conduct training for districts / cities in the context of preparation b. regency / city regional regulations governing villages; c. conduct development of districts / cities in the context of granting village fund allocation; d. conduct training to improve the capacity of village heads and village officials, the village council, and community organizations; e. fostering village government management; f. fostering efforts to accelerate village development through financial assistance, assistance, and technical assistance; g. conducting technical guidance in certain fields that is not possible by the district / city government; h. inventory of provincial authorities carried out by villages; i. carries out and supervises the determination of the regency / city regional budget in village financing; j. conduct training for regencies / cities in the framework of village area management; 8 miskawati dan heri tahir. perana badan permusyawaratan desa (bpd) dalam pembangunan desa (studi di desa tolajuk kecamatan latimojong kabupaten luwu). makassar: universitas negeri makassar. 2014. pp-41-42 9 moch musoffa ihsan.2015. ketahanan masyarakat desa. kementrian desa. jakarta: pembangunan daerah teringgal, dan transmigrasi republik indonesia, p 32. development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 31 k. assist the government in the determination of the unity of customary law communities as villages; l. fostering and overseeing the establishment of regency / city bum desa and inter-village cooperation institutions. m. and others in accordance with local regulations in relation to village financial management, the provincial government can allocate financial assistance to villages in the provincial budget which is one of the sources of village income that will be set forth in the village budget. the village perspective is different from the government perspective, which sees the village as part of the government, or sees that the center, province, district / city, district and village / kelurahan are hierarchical structures in the republic of indonesia government. the government works under the control of the president which flows hierarchically and top down from top to village level. from a government perspective, the village is the smallest, lowest, front and closest government organization. most "small" means that the area and the dutys of government carried by the village have the smallest scope or size compared to district / city, provincial and central government organizations. most "bottom" means the village occupies the composition or the lowest layer of government in the governance of the unitary republic of indonesia (nkri). but "bottom" does not mean that the village is subordinate to the district / city, or the village head is not subordinate to the regent / mayor. the village is not domiciled as a government within the district / city government system as affirmed in article 200 of law number 32 year 2004. according to law number 6 of 2014, the village is domiciled in the district/city. this is congruent with the existence of districts/cities in the province. bottom also means that the village is a government organization that is directly related and integrated with the social, cultural and economic life of everyday people. the term "bottom" also has similarities to the terms "front" and "close". the term "front" means that the village is related directly with citizens in the fields of government, service, development, empowerment and society. most indonesians come to the village government every time they will get services or solve various social problems. therefore the government and the village officials, which is different from the government and the regional apparatus, must be prepared to work serving the community for as long 24 hours non-stop, do not know leave and vacation. whereas the term "close" means that administratively and geographically, the village government and community members are easy to reach and connect with. socially, "close" means that m. qibtiyah & s. muafifah 32 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) the village blends with the pulse of the daily socio-cultural life of the local community. the two perspectives intersect and intersect. but according to constitutional, historical and sociological considerations, the portion of the village as a self governing community is far greater and stronger than the portion of the village as a local self government. remember that law number 6 of 2014 is the village law, not the law on village government. village as a self governing community is very different from formal government, general government or regional government in terms of village authority, structure and apparatus, and village governance.10 in accordance with the principles of recognition and subsidiarity, villages have authority based on the origin rights and local scale authority of the village, which is certainly very different from the authority of the regional government. in terms of governance, the village has a village meeting, as a collective forum between the village government, the village council, community organizations, traditional institutions and broad community components, to agree on strategic matters relating to the livelihoods of the village. all this illustrates that the character of the village as a self governing community is much bigger and stronger. adjustment of the implementation of the village government to the village law policy, there is a structuring and strengthening of the village government by giving recognition in respect of the existence of the village and the village community within the framework of a unitary state. this then gave the village government in the framework of a unitary state. this then gave the village government and village people more flexibility in managing the village. furthermore, from the presentation of the implementation of the village law in the economic field, it is seen that the achievement of better development. it's just that the synergy and coordination functions at the central government need to be improved. furthermore, it is related to political development, especially related to village governance, as has been explained that there is stuttering and also fear of the use of authority and a large budget. this is still a work in the village assistance program. d. election of village head in kalikayen village head election is the exercise of people's sovereignty in the village in order to elect village heads who are direct, public, free, secret, honest and fair. election of village heads in kalikayen village is held simultaneously with other villages in semarang regency in 2018. the 10 ndraha, taliziduhu. 2002. pembangunan masyarakat. jakarta, rineka cipta, p.22 development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 33 village head is a village government official who has the authority, duties and obligations to organize his village household and carry out the duties of the government and local government. village head election activities are carried out by the pilkades committee formed by the village council to organize the village head election process. upon the implementation of this village head election, the community hopes that elected leaders who are fair, wise and have a clear vision going forward. the election of the new village head also ended the term of office of the village government in the previous period which will then be composed of the new village government organization structure through a selection process regulated in the legislation. the election of village heads is carried out through several stages, including the stages of preparation, nomination, voting and determination. the village council forms a simultaneous election for village heads and an inter-village head election committee. the formation of the committee was determined by a village council decision consisting of village officials and community elements. the number of committee members is adjusted to the duty load and financial capacity. the committee is responsible to the village council. in the event that committee members do not carry out their duties and obligations, they can be dismissed with a village council decision. the committee conducts a selection and selection of prospective village heads from time to time. screening of prospective village head candidates to become village head candidates, at least 2 (two) people and at most 3 (three) people. if the number of prospective candidates who meet the requirements is more than 3 (three), the committee makes additional selections using the criteria of having knowledge of village government, education level, age and other requirements set by the regent / mayor. if prospective candidates meet the requirements of less than 2 (two) people, the committee extends the registration time for 7 (seven) days. if the prospective candidate who meets the requirements remains less than 2 (two) after the extension of the registration period, the village council postpones the election of the village head until the time determined later.11 11 tim kementerian dalam negeri dan australian government. buku panduan bpd 2018. jakarta, kompak kemitraan pemerintah australia dan indonesia, pp.29-30 m. qibtiyah & s. muafifah 34 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 2. implementation of legal & community services on kalikayen village a. assistance in the formation of village regulations designers of village regulations need to make village regulations on behalf of and for the benefit of the community.12 the first step that must be taken is to ask questions about the types of problems faced by the community. problems can include many things, including the degradation and deviation of resources which results in social unrest and inequality. in addition to identifying the problem, the draft designer must also identify the cause of the problem (root of the problem) and the parties affected by the various types of problems. to identify problems, there are several theories that can be used to identify, for example, the roccipi method (rule, opportunity, capacity, communications, interest, process, and ideology). rule (regulations), which may be identified are: wording of rules is unclear or ambiguous, regulations may provide opportunities for problem behavior, do not deal with the causes of problematic behavior, provide opportunities for implementation that are not transparent, irresponsible, and not participatory , and provide unnecessary authority to implementing officials in deciding what and how to change problematic behavior. opportunity, to identify whether the environment around the intended party of a village regulations allows them to behave as instructed by the village regulations or not? and does this environment make suitable behavior impossible? capacity (ability), to identify whether the actors have the ability to behave as determined by existing regulations, in practice, opportunities and willingness to overlap. it does not matter which roccipi category inspires a drafter of the ranvillage regulations when formulating explanatory hypotheses. these categories succeed in stimulating draft draftsmen to identify the causes of problematic behavior that their designs must change. communications, the ignorance of a role behavior about village regulations may explain why he behaves inappropriately. whether the authorities have taken adequate steps to communicate the existing regulations to the intended parties. interest, whether there are material or non-material (social) interests that affect the role holder in acting according to or not with existing rules. process, according to the criteria and procedures whether the process by which the role actors decide to comply with the village regulations or not. usually, if a group of role actors consists of individuals, the process 12 marjoko, saputra iswan dan hasibuan hawari. 2013. pemerintah desa yang baik. medan, bitra indonesia, the activator for rural progress, p.112 development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 35 category produces several hypotheses that are useful for explaining their behavior. people usually decide for themselves whether to obey the rules or not. ideology, whether the values, habits and customs that exist enough to influence the role holder to act according to or contrary to existing rules.13 in the preparation of the village regulations so far, it is still not equipped with academic studies. in order for the village regulations to be prepared to truly answer the needs of the village community and answer the problems to be arranged, the arrangement of academic studies becomes very important. substantially, academic studies must examine three substance problems, namely: (1) answering the question of why a new village regulations is needed, (2) the scope of material content and the main components of the village regulations, (3) the process that will be used to prepare and authorize village regulations. in general the steps in the process of drafting new village regulations are as follows: (1) step 1: identify the problem (2) step 2: identify the legal baseline, and how new village regulations can solve the problem. (3) step 3: preparation of academic studies (4) step 4: procedures for preparing village regulations: (a) the process of preparing ranvillage regulations in village council and (b) the process of preparing draft village regulation in the village government, (c) the process of obtaining village council approval, (f) the process of ratification and stipulation as village sheets. (5) step 5: village regulations oversight mechanism 13 hendry maddick & hanif nurcholis, 2007, teori dan praktik pemerintahan dan otonomi daerah,grasindo, jakarta. p. 7 m. qibtiyah & s. muafifah 36 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) figure 1. mentoring establishment of village regulations. source: authors’ personal document date; july 25, 2019 b. development planning consultation assistance the village has the authority and right to regulate its territory in accordance with the aspirations of the people who live in the village area concerned. this authority will determine the position and role of musrenbang towards development in the village because it sees the importance of musrenbang in promoting village autonomy. the village musrenbang should not be narrowed down to routine activities, only to fill out a list of proposed activities that will be taken to the sub-district, but the direction of the policy is truly part of the implementation of village autonomy. village development planning covers the areas of village governance, implementation of village development, village community development and village community empowerment. village development planning is arranged in a long term including (1) a medium-term development plan for a period of six years, and (2) an annual village development plan which is often called a village government work plan abbreviated as rkpdes is a translation of the village rpjm for a period of 1 (one) year .14 the village medium term development plan contains at least the vision and mission of the village head, the direction of the village development policy, and the plan of activities covering the fields of village governance, the implementation of village development and village community empowerment, the preparation of the village medium term development plan is carried out taking into account the objective conditions of the village and the priority of the district's programs / activities city. in 14 peraturan menteri dalam negeri nomor 114 tahun 2014 tentang pedoman pembangunan desa development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 37 the preparation of the village rpjm carried out by activities (1) the formation of the village rpjm drafting team, (2) alignment of district / city development planning policies, (3) assessment of village conditions, (4) preparation of village development plans through village deliberations, (5) preparation the village medium term development plan, (6) preparation of village development plans through village development planning meetings; and (7) determination of the village rpjm. the village rpjm drafting team consists of the village head as the coach, the village secretary as the chair, the head of the community empowerment agency as the secretary and members from the village officials, the community empowerment agency, the village community empowerment cadre and other elements of the community. the drafting team all numbered at least 7 people and at most 11 people. as law students who incidentally have learned about regional autonomy, it is useful for us to be able to convey and assist the community in the development planning process.15 the things we do in assisting include: 1) telling the community about the substance contained in law no. 6 of 2014 concerning villages, specifically the role of the community in development planning as outlined in the form of a special article musrenbang desa 2) accompanying each stage of the village musrenbang 1. village pre-musrenbang stages a) organizing musrenbang, consisting of activities: i. establishment of musrenbang (tpm) organizing team; ii. formation of village musrenbang guide team by tpm (2-3 people); iii. the technical preparation for implementing the village musrenbang, namely: • arranging the village musrenbang schedule and agenda; • announcement of village musrenbang activities and distribution of invitations to participants and resource persons (at least 7 days before d-day); • coordinate logistics preparation (place, consumption, tools and materials). 15 rianingsih djohani, panduan penyelenggaraan musyawarah perencanaan pembangunan desa, bandung, perpustakaan nasional katalog dalam terbitan (kdt). 2008. p. 6 m. qibtiyah & s. muafifah 38 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) b) participatory village assessment, consisting of activities i. study the conditions, problems and potential of the village (per hamlet/rw and/or per sector/development issue) with the community members; ii. village data/information compilation from the results of the study by the guiding team. c) preparation of the initial draft rkp desa, consisting of activities: i. a review of the village rpjm document and the results of the tpm and tiim guide study design, ii. review document / data / information on program policies and regional budgets by the tpm and the guidance team iii. preparation of the draft initial village rkp draft with reference to this study by the tpm and the guidance team figure 2. deliberation of kalikayen hamlet, kalikayen village source: authors’ personal document dated july 30, 2019 2. stages of the implementation of the village musrenbang a) opening, the event is guided by the presenter with activities as follows: i. opening remarks and delivery of the village musrenbang agenda ii. report from the head of the musrenbang committee (chair of tpm); iii. message from the village head and official opening; iv. prayer together. b) presentation and discussion with resource persons (panel discussion) as input for deliberations: development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 39 i. presentation by community representatives on the description of village problems according to the results of the study, which were divided according to the affairs / fields of village development; ii. the village head's explanation of (1) the results of the village rkp evaluation that has been running; (2) program priority framework according to the village rpjm; (3) information on the estimated add and other budget sources for the year being planned; iii. subdistrict exposure, uuptd / skpd kecamatan regarding policies and priorities of regional programs in the subdistrict region; iv. responses / discussion with community members. c) presentation of draft initial village rkp draft by tpm (usually village secretary) and responses or checking (verification) by participants d) agreement on priority activities and budget per sector / issue e) deliberation on the determination of the village delegation team f) closing is the signing of the minutes of the musrenbang and the closing remarks by the chairperson of the tpm / guide. 3. post-musrenbang village stages a) working meetings of the formulating team of the village musrenbang results: (1) issuance of the kades sk for the village delegation team; (2) compilation of priority list of village problems to be submitted in the subdistrict musrenbang; (3) preparation of village rkp to become head village decree (based on seb and permendagri no.66 / 2007) or head village regulation (based on pp no.72 / 2005) b) provision of the village delegation team by the tpm (including the guidance team) so that: (1) mastering data / information and explanations about the proposals that the delegation team will bring to the musrenbang in the sub-district, and (3) strengthening other capabilities (insight, communication techniques, presentations) c) compilation of the village budget (apbdes) with reference to the village development work plan (rkp desa) document. village deliberation is the highest forum in the village that functions to make decisions on strategic matters. placing village deliberation as part of the democratization framework is intended to prioritize village deliberation which is the main mechanism for village decision making. as such, special attention to village deliberation is an integral part of the m. qibtiyah & s. muafifah 40 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) village democratization framework. the village law defines the village deliberation as follows: village deliberation or what is referred to by other names is a deliberation between the village council, the village government, and elements of the community organized by the village council to agree on strategic matters.16 3. community enthusiasm the situation in kalikayen village requires the village government to fight harder so that the implementation of musrenbang desa is not just a formality, but also the spearhead of development. this needs to approach the community about the general knowledge of the village musrenbang, the stages, the role of the community, as well as the procedures for compiling proposed activities for the village rkp and the village rpjm. the people of kalikayen village consider that the development intended in the musrenbang desa is only development related to infrastructure. whereas what is stated in the village law is broader, including covering village development, organizing government, empowering village communities and fostering village community institutions.17 we facilitate the kalikayen village community with a brief article about musrenbang desa so that it can be conveyed to rw/rt and the wider community. the enthusiasm of the community should be supported by the regional government so that the community's enthusiasm in developing the area is encompassed through the aspirations put forward through the hamlet musrenbang and the village musrenbang. 4. lack of local government assistance in the implemen-tation of musrenbang the village government in carrying out its dutys is under the control of the regency / city regional government, one of which is applied to the correction and evaluation of the ravillage regulations formed by the village. however, if you see village council conditions that lack knowledge about the functions and procedures to carry out their functions, according to the author it is still the responsibility of the government to foster village council so that in the future it can carry out its responsibilities properly and in accordance with the aspirations of the community, especially in kalikayen village. 16 amanulloh, naeni. buku 3: demokratisasi desa. jakarta, kementerian desa, pembangunan daerah tertinggal, dan transmigrasi republik indonesia: 2015, p.36 17 interview with mashudi, s.ag. head of government affairs on august 25, 2019 at 19.38 wib development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 41 the implementation process in kalikayen village is far from perfect, because the village musrenbang that should have been able to take place a maximum of 3 months after the election of a new village head, until now in august 2019 there has not yet been formed a drafting team for the village rpjm and the village rkp. furthermore, we were accompanied by the filling out of plans for proposed activities and priority issues in the village so that later they could become material for the hamlet head in leading / guiding the development planning consultation at the hamlet level. d. conclusion the method of fostering the village council post village head election is carried out through a number of ways including education and training in the formation of village regulations, assistance in the formation of village unity, and assistance in the village musrenbang. the above method is needed considering the lack of knowledge of the village council for village development planning and other fungal dutys. the community has not received assistance or guidance from the regional government, especially for members of the kalikayen village council. the government is expected to give more attention to the village so that the village can exercise its authority to the fullest. e. acknowledgments our gratitude goes to all those who have helped us during the community service program in kalikayen village. this article is dedicated to deepen the science of law, especially in the field of constitutional law and as an outcome of the community service program partnership drafting regulations for phase ii of 2019. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. m. qibtiyah & s. muafifah 42 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) g. funding program of the community services and research funded by authors it self as well as publication. authors declare that there is no sponsorhip or any other parties funded the program. h. references amanulloh, n. (2015). buku 3: demokratisasi desa. jakarta : kementerian desa, pembangunan daerah tertinggal, dan transmigrasi republik indonesia. aziz, n.l.y. (2016). otonomi desa dan efektivitas dana desa. jurnal penelitian politik. 13(2): djohani, r. (2008). panduan penyelenggaraan musyawarah perencanaan pembangunan desa. bandung: perpustakaan nasional katalog dalam terbitan (kdt). djogo, t. (2003). kelembagaan dan kebijakan dalam pengembangan agroforesti. word agroforestry centre (icraf) southeast asia. ihsan, m.m. (2015). ketahanan masyarakat desa. kementrian desa. jakarta: pembangunan daerah teringgal, dan transmigrasi republik indonesia. maddick, h., & nurcholis, h. (2007). teori dan praktik pemerintahan dan otonomi daerah. grasindo: jakarta. marjoko, s.i., & hawari, h. (2013). pemerintah desa yang baik. medan: bitra indonesia, the activator for rural progress. miskawati & tahir, h. (2014). peran badan permusyawaratan desa (village council) pembangunan desa (studi di desa tolajuk kecamatan latimojong kabupaten luwu). thesis. makassar: universitas negeri makassar. ndraha, t. (2002). pembangunan masyarakat. jakarta: rineka cipta. peraturan pemerintah nomor 43 tahun 2014 tentang peraturan pelaksana undang-undang nomor 6 tahun 2014 tentang desa peraturan menteri dalam negeri nomor 114 tahun 2014 tentang pedoman pembangunan desa saparin, s. (2015). luas bidang kegiatan pemerintahan, tata pemerintahan dan administrasi pemerintahan desa. jakarta: ghalia indonesia. development method of village consultative body indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 43 silahudin, m. (2015). kewenangan desa dan regulasi desa. jakarta: kementerian desa, pembangunan daerah tertinggal dan transmigrasi republik indonesia. tim kementerian dalam negeri & australian government. buku panduan village council 2018. jakarta: kompak kemitraan pemerintah australia dan indonesia. undang-undang republik indonesia nomor 6 tahun 2014 tentang desa. waluyo, b. (1996). penelitian hukum dalam praktek. jakarta: sinar grafika. widjaja, haw. (2008). otonomi desa: merupakan otonomi yang asli, bulat dan utuh. jakarta: pt raja grafindo persada. m. qibtiyah & s. muafifah 44 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) quote service without humility is selfishness and egotism mahatma gandhi copyrights © 2019 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 259 seeking justice for indonesian children: the juvenile criminal justice system in indonesia in the context of criminal justice reform resty shelya pujiani1 , mutia azizah aksan2 , maya sinta3 1,2,3 faculty of law, universitas negeri semarang, indonesia corresponding author: restyshl@students.unnes.ac.id abstract: children who are in contact with law in indonesia have their own characteristics and handling procedures through the juvenile criminal justice system. through law number 11 of 2021 concerning the juvenile criminal justice system, the state tries to be present to protect children's rights, even though children are perpetrators of crimes. handling criminal cases against children is certainly different from handling cases against adults, the handling of children is special because it is also regulated in separate regulations. understanding of the process of handling children's cases, of course, there may still be some in the community who do not understand or understand, so that sometimes it gives rise to various assessments, even more fatal if there is a misjudgment that the handling of children, especially children in legal conflicts 5 get special treatment and there are also those who think that children cannot be punished even though it is not that far, it's just that the handling process is specifically regulated. this study aims to analyze the concept of justice for children in the indonesian child criminal justice system within the framework of criminal justice reform. the method used in this study is a mixed method between empirical and normative studies. this method is used to answer the substance of justice contained in the juvenile criminal justice system within the framework of criminal justice reform. the location of this research was specifically carried out in the city of semarang, and several other cities as supporting material. supporting data in this study were also obtained from various studies on the internet. keywords: juvenile justice, concept of justice, juvenile criminal justice system, criminal justice reform issn: 2686-2085 (print) issn: 2686-2611 (online) vol. 4 no. 2 (2022): 259-274 doi: 10.15294/ijals.v4i2.60033 submitted: 18 april 2022 revised: 27 june 2022 accepted: 11 august 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. how to cite: pujiani, resty shelya, mutia azizah aksan, and maya sinta. “seeking justice for indonesian children: the juvenile criminal justice system in indonesia in the context of criminal justice reform”. indonesian journal of advocacy and legal services 4, no. 2 (2022): 259-400. https://doi.org/10.15294/ijals.v4i2.60033. https://orcid.org/0000-00002-9501-6261 https://orcid.org/0000-00002-3335-4839 https://orcid.org/0000-0001-7490-2320 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ https://doi.org/10.15294/ijals.v4i2.60033 pujiani, aksan, & sinta 260 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) a. introduction indonesia as a state of law has various laws and regulations that contain orders or prohibitions to regulate all aspects of life in society. the legislation that was formed specifically to regulate the position of children in law in indonesia, especially with regard to the juvenile criminal justice system. this is done because on the basis of the rights possessed by a child, based on article 28b paragraph (2) of the 1945 constitution which states that every child has the right to survive, grow and develop and is entitled to protection from violence and discrimination.1so that a child who is not yet an adult cannot be equated with the position of an adult in the eyes of the law, especially the involvement of children in criminal acts. that way the juvenile justice system cannot be equated with the justice system that applies to adults. law of the republic of indonesia number 11 of 2012 concerning the juvenile criminal justice system as a form of justice that distinguishes between courts that apply to adults and applies specifically to children. the juvenile justice system considers the survival and development of a child within the scope of juvenile justice as a target that should be achieved by the juvenile justice system when a child is declared to have committed an act that violates criminal law.2this law is a change from the juvenile criminal justice system which was represented by the regime of law number 3 of 1997 concerning juvenile court which is considered outdated and no longer in accordance with the principles and spirit of the law that develops in our society today.3this change in law makes indonesian law experience a new era where there is a change in the legal paradigm in the juvenile criminal justice system which was previously absolute and still applies the old legal paradigm approach which emphasizes that every child who commits an act against the law must be repaid with appropriate punishment based on the law. in the existing judiciary. the condition of the child needs to be considered when faced with a conflict even though the child is the perpetrator, because the nature of a child 1 luh putu putri indah pratiwi, dewa gede sudika mangku, and ni putu rai yuliartini, "regulation of the position of children out of wedlock after the constitutional court decision number 46/puu-viii/2010," journal of the yustisia community 3, no. 1 (2020): 13–24.doi: https://doi.org/10.23887/jatayu.v3i1.28831 2 amrizal siagian, wiwit kurniawan, and tri hidayati, “criminal sanctions for child delinquency as perpetrators of bullying according to law no. 11 of 2012 concerning the juvenile criminal justice system,” humanika scientific journal 3, no. 3 (2020): 1–11. 3 ade wahyu setyawan, "legal protection of children in conflict with the law," mizan: jurnal ilmu hukum 10, no. 1 (2021): 81–89. seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 261 is still not considered to understand whether his actions have legal consequences or not, so that with the juvenile justice system a child will provide justice that is more in line with the size of the perpetrator, namely underage people.4based on a case of theft committed by a child in palembang in 2021, cases committed by children are subject to judicial processing using the judicial system based on law number 11 of 2012 to be exact, chapter ii articles 6-15. however, dealing with criminal acts that have recently been perpetrated by children, the position of the prosecutor sometimes has difficulty making a personal approach first with the parties to the criminal conflict, so that both parties can be actively involved comfortably and not procrastinate through the process of handling cases. there are even concerns from the prosecutor's office, because law enforcement officials can receive criminal threats if they do not carry out the diversion process. against the absence of rights for children who commit acts against the law in narcotics cases to access diversion, where the police, prosecutors and judges should really understand the juvenile justice system in indonesia. thus, children who are designated as perpetrators, suspects, are given more attention. the description of the problems regarding the implementation of juvenile criminal justice can be used as a reason to seek reform of the juvenile criminal justice system, in an effort to provide appropriate and appropriate legal protection for children. with juvenile justice reform, it is hoped that children in conflict with the law will not be justified as guilty children who must be punished as adults who commit crimes. changes in the juvenile criminal justice system are aimed at educating children for the better because psychologically it must be understood that the emotional and psychological state of children is still unstable or weak in dealing with the influence of various surrounding environments. based on this, the child becomes frustrated, however, on the other hand, cases of crimes committed by children themselves from time to time continue to increase. data for 2021 shows that throughout indonesia, there has been a sharp increase in cases of children in conflict with the law (abh) in the last three months. there were 3,555 cases recorded in june, increasing to 4,928 cases in july, and 5,364 cases in august 2020. the number of cases were cases that were responded to by the ministry of social affairs in june to august 2020. this figure rose sharply compared to the month of august. the same last year. this figure is very likely not to 4 shabrim kum, “criminal criminal enforcement based on law number 11 of 2012,” lex crimen 10, no. 3 (2021). pujiani, aksan, & sinta 262 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) include all the actual incidence rates, meaning that it is very possible that there are still unreported cases (ali, 2018; kpai, 2020). the vulnerability of children both as perpetrators of crimes and victims of crime is increasing and this is a special concern for the existence of the legal system in indonesia. on the more dominant side, in order to find justice for children, emphasis must be placed on certain things. therefore, the authors are interested in taking the topic of research in the dipa student research grant scheme, faculty of law, semarang state university with the title "children's criminal justice system in indonesia in the context of criminal justice reform: seeking justice for indonesian children", with the aim of going through this research. , the author can find various interesting facts related to the implementation of the juvenile criminal justice system in semarang city within the framework of justice for children and the protection of children's rights. b. method this legal research uses a conceptual approach (conceptual approach) and an empirical approach (empirical approach), which in this study looks at various theories related to the fulfillment of children's rights in the juvenile criminal justice system in indonesia. the conceptual approach is used to see the various views and doctrines that live and apply in the people of semarang city in seeing the implementation of the fulfillment of children's rights within the framework of the juvenile criminal justice system. the empirical approach will see the development of cases directly and law enforcement from time to time, along with various implementations of human rights for children that are realized in the people of semarang city. this research is included in empirical juridical law research, where in this study the study of legislation will be analyzed, observed, documented, and seen directly in the field, in the people of semarang city. c. results and discussion 1. the concept of justice for children in the child criminal justice system in indonesia the rights of children in the constitution in indonesia have been recognized in the 1945 constitution article 28b paragraph (2) which stipulates that every child has the right to survive, grow and develop and has the right to self-protection from violence and discrimination. the article is a seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 263 tool that can be used by the state to assist in handling problems related to children's rights and is grouped as an article containing human rights. children are legal subjects and national assets who are in a strategic position to become the successor of the indonesian nation. children's rights in this case are in the form of providing a sense of justice that cannot be equated with justice given to adults, when both are brought before criminal justice. criminal justice has a relationship with the realization of material criminal law enforcement, through the implementation of formal criminal law by not forgetting social values in society.5the view in the form of social values is needed to create a balance that leads to justice, through the differences between the juvenile justice system and adults. as children's rights are taken into consideration in every process of implementing criminal justice, so that it reflects that the justice system is not rigid, namely by only prioritizing legal certainty and without seeing a sense of injustice based on the values that exist in society towards children's rights. recognition of children's rights is contained in the juvenile criminal justice system which aims to ensure the protection of children's rights, even if the child is in a bad condition, such as violating legal provisions and norms. this was then made a rule in the form of law no. 3 of 1997 concerning juvenile court. however, the regulation is considered unable to regulate juvenile court and is considered not in accordance with the conditions and development of the community. therefore, the government then established law no. 11 of 2012 concerning the juvenile criminal justice system. in the law, there are principles of juvenile justice which include: 6 1) the best interests of the child; 2) respect for the opinion of the child; 3) survival and development of children; 4) guidance and guidance of children; 5) deprivation of liberty and punishment as a last resort and avoidance of retaliation. then, article 3 of law number 11 of 2012 concerning the juvenile criminal justice system regulates the rights of children in the criminal justice process: 5 ahmad faizal azhar, "application of the concept of restorative justice in the criminal justice system in indonesia," court: journal of islamic law studies 4, no. 2 (2019): 134– 43. 6 elfa murdiana, “access to child justice in the criminal justice system in indonesia; obstacles and efforts,” equivalent: journal of gender and child studies 3, no. 1 (2021): 81–94. pujiani, aksan, & sinta 264 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) a. treated humanely by paying attention to the needs according to their age b. being separated from adults, doing recreational activities c. free from torture, cruel, inhuman and degrading punishment or treatment d. not sentenced to death or life imprisonment e. not arrested, detained or imprisoned, except as a last resort and for a short period of time. in criminal law, if a child commits a crime that violates legal norms, it is always associated with the child's weakness compared to adults, including the inability of a child's mind, the mentality of the child, and the morality of the child that has not been fully developed in the child and other factors that influence it.7the form of this problem relates to the importance of protection for children who are experiencing problems or legal involvement and require special efforts to save children. however, it does not rule out a criminal case only for the benefit of the child as a suspect and ignores the rights of someone who is the victim. the juvenile criminal justice system in indonesia is a restorative justice that carries out the process of resolving criminal cases by emphasizing recovery and peace and is not based on revenge. restorative justice is based on 5 (five) principles in the form of thoughts which are contained as follows "five principles of restorative justice":8 1. focus on harm and consequent needs (victims, but also communities and perpetrators). 2. deal with the liability resulting from the loss (by the violator but also the family, community and society). 3. using an inclusive collaborative process. 4. involve those who have a legitimate interest in the situation (victim, perpetrator, family, community member, community). 5. trying to fix mistakes. the use of the juvenile criminal justice system through a restorative justice approach with the aim that the parties concerned, whether victims, perpetrators, families and communities, can resolve legal actions by a child who is against the law by providing understanding and understanding of the child's bad behavior, not forgetting pay attention to justice for victims. 7 ramdani ramdani, “child rights in the child criminal system in indonesia,” state and justice 9, no. 1 (2020): 91–97. 8 rr putri a priamsari, “seeking justice for children through diversion,” law reform 14, no. 2 (2018): 220–35. seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 265 according to muladi, that the criminal justice system is a form of synchronization and continuity which can be explained as follows:9 1. structural synchronization is a harmonious working relationship between law enforcement agencies; 2. substantial synchronization is alignment that is vertical and horizontal in relation to positive law; and 3. cultural synchronization is harmony in living out the views, attitudes and philosophies that underlie the overall operation of the criminal justice system. based on muladi's opinion, that the unity between the sub-systems in juvenile criminal justice must look at the existing structural, substantial and cultural, so that when one of the sub-systems in the juvenile criminal justice system does not implement the concept or approach of restorative justice, the concept or approach of restorative justice does not can run well. child criminal cases do not have to be resolved through the courts, but using other alternatives. according to the restorative approach, children who have cases and are dealing with the law can be diverted by considering justice for the victim.10diversion itself is the transfer of settlement of cases of children who have committed criminal acts from the formal process with/or without conditions. diversion is carried out by placing children under a social supervision agency that assists the implementation of the criminal justice system as stipulated in law number 11 of 2012. with this diversion authority, the apparatus becomes a facilitator for handling children in conflict with the law by appealing to all parties involved to resolve the problem. resolved by an informal process that leads to restorative justice. restorative justice aims to improve criminal behavior committed by children with actions that are beneficial to children. 2. implementation of the fulfillment of children's rights in the child criminal justice system in indonesia a child included in the scope of criminal justice is a child who is experiencing a conflict within the scope of criminal law, the position of the child in this case sees his position as a suspect or perpetrator for a criminal act he has committed. juvenile criminal justice in this case has consequences 9 sh kasmanto rinaldi, criminal justice system in criminology (ahlimedia book, 2022). 10 luh putu esty bisantari and i wayan windia, "existension of the diversion system in the child criminal justice system in indonesia," kertha wicara: journal of legal studies, 2018. pujiani, aksan, & sinta 266 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) for actions taken by children, which in its implementation are distinguished from the implementation of criminal justice for adults.11differences in the implementation of juvenile justice are carried out to ensure the growth and development of children in their position as the nation's next generation. the right of children to get growth and development must be guaranteed by the state, even though a child is declared a suspect or accused of a crime. as indonesia has guaranteed the growth and development of children as stated in law number 4 of 1979 concerning child welfare which in article 2 paragraphs (3) and (4) explains that children have the right to guaranteed care and protection both in the womb and at birth. for life that may be dangerous and/or hinder proper growth and/or development.12 the rights of the child as a suspect are placed in the position of the child to get protection in the realm of the implementation of criminal justice, these rights include:13 1. right to protection from violence and psychological health; 2. the right to obtain legal aid; and 3. the right to obtain open development and growth. the position of children's rights in indonesia as suspects in criminal justice is regulated in law no. 11 of 2012 concerning the juvenile criminal justice system. this law serves as the basis for implementing child criminal law enforcement in indonesia, one of which contains the rights of the perpetrator as a child, with its implementation accommodating the principle of the best interest of the child in the form of diversion. this diversion then puts forward the approachrestorative justice, as a way to resolve criminal cases. diversion of the settlement of child crimes in indonesia through the approachrestorative justice, by emphasizing the settlement of children's cases by avoiding the imposition of prison court decisions. this is done to maintain the right to a good name and label a child as an ex-convict, because the child's future is at stake because of the label attached to him. even through this diversion, a child who becomes a suspect does not need to go through the process of solving problems through criminal justice. this diversion provision 11 bambang purnomo and gunarto gunarto, "law enforcement of criminal acts of children as actors in the juvenile criminal justice system (case study at the tegal police)," khaira ummah law journal 13, no. 1 (2018): 45–52. 12 ikhsan ikhsan et al., "efforts to protect children in criminal justice in the era of 'new normal' enforcement during the covid-19 pandemic in indonesia," journal of legal studies 9, no. 2 (2020): 225–42. 13 candra hayatul iman, "criminal law policy for child protection in renewing the criminal justice system in indonesia," journal of law and justice 2, no. 3 (2018): 358– 78. seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 267 by sir anthony mason, emphasizes the approach modelrestorative justicehas been widely used in the settlement of criminal cases committed by children and adolescents.14 the obligation of law enforcement authorities to seek settlement of juvenile criminal cases through diversion at all stages of the criminal justice process. in this case, law enforcement officers can receive criminal threats if they do not carry out the diversion process. the fact is that this incident happened until september 16, 2017, which prompted the unit of prosecutors in indonesia to file a judicial review (jr) of article 99 of law number 11 of 2012 on the potential to criminalize prosecutors. as for the absence of rights for children who commit acts against the law in narcotics cases to access diversion, where the police, prosecutors and judges should understand the juvenile justice system in indonesia as regulated in the juvenile criminal justice system act.15the basis for implementing self-diversion with the approachrestorative justicecarried out using the legal basis of the joint decree (skb) in 2010 which was signed by the chief justice of the supreme court of the republic of indonesia, the attorney general of the republic of indonesia, the head of the indonesian national police, the minister of law and human rights of the republic of indonesia, the minister of social affairs of the republic of indonesia, and the minister of women's empowerment and child protection of the republic of indonesia no. 166a/kma/skb/xii/2009, no.148 a/a/ja/12/2009, no.b/45/xii/2009, no.m.hh-08 hm.03.02 year 2009, no.10/ prs-s/kpts/2009, 02/men.pp and pa/xii/2009 on handling children in conflict with the law.16 based on the rights held by children, in juvenile criminal justice, children's cases are specifically resolved. this special protection is contained in article 17 paragraph (1) of the juvenile criminal justice system law which states that investigators, public prosecutors, and judges are obliged to provide special protection for children being examined for criminal acts they have committed. based on a theft case committed by a child in 14 sapto budoyo and ratna kumala sari, "the existence of restorative justice as the purpose of implementing diversion in the juvenile justice system in indonesia," journal of meta-yuridis 2, no. 2 (2019). 15 iva kasuma, ian aji hermawan, and melly setyawati, "the problems of implementing diversion for children facing the law in child-friendly cities (studies on law apparatus, city governments and communities in depok and surakarta)," journal of ius studies of law and justice 8, no . 2 (2020): 350–71. 16 muh rijal, sufirman rahman, and baharuddin baharu, “implementation of the concept of restorative justice in the case of children in conflict with the law at the police resort of makassar big city,” the juris 4, no. 2 (2020): 87–101. pujiani, aksan, & sinta 268 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) palembang in 2021, cases committed by children are subject to judicial processing using the judicial system based on law number 11 of 2012 to be precise articles 6 to 15. children who commit criminal acts theft will be processed through the juvenile justice system by prioritizing restorative justice, because the application of restorative justice can be through diversion, where the goal of diversion is a representation of restorative justice. however, narcotics cases in indonesia where children are suspects in the implementation of criminal justice have not been carried out in accordance with the juvenile justice system, children in this case are considered as users as well as dealers. the difference in treatment of children involved in drug cases gives rise to the character that the shapers of the implementation of juvenile criminal justice in indonesia have indirectly built polarization of ambiguous thinking and discriminatory attitudes. 3. barriers and constraints in fulfilling children's rights in the child criminal justice system in indonesia the process of implementing criminal enforcement is a form of examination whose procedures are regulated in article 3 of the criminal procedure code. this law determines the rights and obligations that must be fulfilled for those involved in criminal justice cases, especially in juvenile criminal cases. the need for child protection is inseparable from the sustainability of children's welfare as the nation's young generation. fulfillment of rights without discrimination will guarantee the future of children who are perpetrators, victims, and witnesses of criminal justice so that systematic rules are needed that are able to integrate the fulfillment of the expected justice. in the juvenile justice system, legal assistance is required by legal advisers, parents, guardians or foster parents, and community advisors. all of them are needed because they have their respective roles. legal advisors have different functions as defenders of the defendant's legal interests. this is stated in law number 11 of 2012, concerning the juvenile justice system which states that children have the right to obtain legal assistance during the juvenile criminal justice process and at every level of examination. according to soerjono soekanto, the main problem of law enforcement actually lies in the various factors that influence it, both external and internal. factors that can influence this include: concerning the juvenile justice system which states that children have the right to obtain legal assistance during the juvenile criminal justice process seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 269 and at every level of examination. according to soerjono soekanto, the main problem of law enforcement actually lies in the various factors that influence it, both external and internal. factors that can influence this include: concerning the juvenile justice system which states that children have the right to obtain legal assistance during the juvenile criminal justice process and at every level of examination. according to soerjono soekanto, the main problem of law enforcement actually lies in the various factors that influence it, both external and internal. factors that can influence this include: 1. the legal factor itself, which in this paper will be limited by law only. 2. law enforcement factors, namely the parties that form and apply the law. 3. factors of facilities or facilities that support law enforcement. 4. community factors, namely the environment in which the law applies or is applied. 5. cultural factors, namely as a result of work, creativity and taste based on human initiative in social life. as has been described in law number 11 of 2012 concerning the juvenile criminal justice system, essentially this diversion also has the aim of preventing children from the negative impact of punishment. the diversion obligation by law enforcement has been regulated in article 7 paragraph (1) law number 11 of 2012 which states that at the level of investigation, prosecution, and examination of children's cases in the district court, diversion must be sought. however, the implementation of diversion encountered various obstacles. in actual practice, the victim does not want the case to receive a fair punishment for the perpetrator's evil actions, namely, to continue the case to the trial process so that it creates a deterrent effect. another factor that causes the unsuccessful enforcement of the judicial system is that there is no common ground or in other words no agreement is reached. in addition, obstacles also arise from the negative response of the community to efforts to resolve through peace and kinship routes carried out by law enforcement officers who are considered to only side with certain parties based on normative decisions through the text of written laws. though the mental and psychological elements of the perpetrator and the victim need to be considered. the mindset that exists in the community until now is that if someone commits a crime, be it adults or children, they must be subject to sanctions, if necessary, severe sanctions for perpetrators of criminal acts. punishment for perpetrators of child crimes does not then achieve justice for the victims, considering that from the other side it still leaves its own problems that are not resolved even though the perpetrators have been pujiani, aksan, & sinta 270 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) punished. there are 3 aspects of the approach to building a legal system in the context of modernization and legal reform, namely in terms of structure, substance, and culture. changethe style and way of life of some people have brought about fundamental social changes in social life which of course affect the values and behavior of children. in addition, children who lack or do not get love, care, and guidance in developing attitudes will be easily dragged into the flow of social interactions and an unhealthy environment and harm their personal development. seeing the principles on child protection, especially the principle of prioritizing the best interests of the child, it is necessary to process child cases outside the usual criminal mechanism used. punishment institutions are not a way to solve children's problems because they are prone to violations that have a major impact on children's mental health. an alternative solution to overcome the obstacles that have been described is to present the concept of diversion and restorative justice which aims to provide protection for criminals, victims, and society in general asa form of case resolution that focuses on how to deal with its implications in the future. alternative dispute resolution in court usually uses a negotiation process as the simplest dispute resolution, mediation involving third parties who have expertise in their fields to help resolve problems, and conciliation as an effort to bring together the parties' wishes to reach an amicable agreement. the idea of restorative justice in the juvenile criminal justice system in indonesia as a form of case resolution is considered effective in diversion. of course, in the presence of several court cases the use of diversion has been successful and some has not. however, until now diversion has been interpreted as being more effective for transferring the process to a long and very rigid juvenile case settlement system. it can also go through a process of mediation or deliberation as an integral part of diversion to achieve restorative justice. from an operational perspective, maximizing an integrated service center specifically for juvenile criminal justicewill be more convincing professionalism in public. meanwhile, in terms of law enforcement, professionalism can be increased based on adjustments to the juvenile justice system in indonesia which is regulated in the child criminal justice system act 2012. thus, children who are designated as perpetrators, suspects, are paid more attention by not neglecting their rights. victim of what happened. seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 271 d. conclusion the government established law number 11 of 2012 concerning the juvenile criminal justice system as the basis for implementing child criminal law enforcement in indonesia, one of which includes the rights of the perpetrator as a child, with its implementation accommodating the principle of the best interest of the child in the form of diversion. ). this diversion then puts forward a restorative justice approach, as one way to resolve criminal cases. however, the implementation of diversion encountered various obstacles. in actual practice, the victim does not want the case to receive a fair punishment for the perpetrator's evil actions, namely to continue the case to the trial process so that it creates a deterrent effect. another factor that causes the unsuccessful enforcement of the judicial system is that there is no common ground or in other words no agreement is reached. in addition, obstacles also arise from the negative response of the community to efforts to resolve through peace and kinship routes carried out by law enforcement officers who are considered to only side with certain parties based on normative decisions through the text of written laws. the juvenile criminal justice system in indonesia is a restorative event that carries out the process of resolving criminal cases by emphasizing recovery and peace and is not based on revenge. child criminal cases do not have to be resolved through the courts but using other alternatives. e. acknowledgments we would like to thank to faculty of law universitas negeri semarang, research and community services faculty of law unnes, ms nurul fibrianti sh mhum for her valuable comments and feedbacks, mr ridwan arifin sh llm for supervising this research f. declaration of conflicting interests all authors declare that there is no conflict of interest in this research or publication of this research. pujiani, aksan, & sinta 272 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) g. funding this research funded by faculty of law universitas negeri semarang through scheme hibah penelitian mahasiswa dana dipa fh unnes 2022. h. references azhar, ahmad faizal. “penerapan konsep keadilan restoratif (restorative justice) dalam sistem peradilan pidana di indonesia.” mahkamah: jurnal kajian hukum islam 4, no. 2 (2019): 134–43. budoyo, sapto, and ratna kumala sari. “eksistensi restorative justice sebagai tujuan pelaksanaan diversi pada sistem peradilan anak di indonesia.” jurnal meta-yuridis 2, no. 2 (2019). ikhsan, ikhsan, hari sutra disemadi, syukri kurniawan, and pujiyono pujiyono. “upaya perlindungan anak dalam peradilan pidana di era pemberlakuan ‘new normal’ selama pandemi covid-19 di indonesia.” jurnal ilmu hukum 9, no. 2 (2020): 225–42. iman, candra hayatul. “kebijakan hukum pidana perlindungan anak dalam pembaruan sistem peradilan pidana anak di indonesia.” jurnal hukum dan peradilan 2, no. 3 (2018): 358–78. kasmanto rinaldi, s h. sistem peradilan pidana dalam kriminologi. ahlimedia book, 2022. kasuma, iva, ian aji hermawan, and melly setyawati. “problematika pelaksanaan diversi bagi anak berhadapan dengan hukum di kota layak anak (studi pada aparat hukum, pemerintah kota dan masyarakat di depok dan surakarta).” jurnal ius kajian hukum dan keadilan 8, no. 2 (2020): 350–371. kum, shabrim. “penegakan hukum tindak pidana anak berdasarkan undang-undang nomor 11 tahun 2012.” lex crimen 10, no. 3 (2021). murdiana, elfa. “akses keadilan anak dalam sistem peradilan pidana di indonesia; kendala dan upaya.” setara: jurnal studi gender dan anak 3, no. 1 (2021): 81–94. pratiwi, luh putu putri indah, dewa gede sudika mangku, and ni putu rai yuliartini. “pengaturan terhadap kedudukan anak di luar kawin pasca putusan mahkamah konstitusi nomor 46/puu-viii/2010.” jurnal komunitas yustisia 3, no. 1 (2020): 13–24. priamsari, rr putri a. “mencari hukum yang berkeadilan bagi anak melalui diversi.” law reform 14, no. 2 (2018): 220–35. punyantari, luh putu esty, and i wayan windia. “eksistensi sistem diversi dalam sistem peradilan pidana anak di indonesia.” kertha wicara: journal ilmu hukum, 2018. purnomo, bambang, and gunarto gunarto. “penegakan hukum tindak pidana anak sebagai pelaku dalam sistem peradilan pidana anak seeking justice for indonesian children indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 273 (studi kasus di polres tegal).” jurnal hukum khaira ummah 13, no. 1 (2018): 45–52. ramdani, ramdani. “hak anak dalam sistem peradilan pidana anak di indonesia.” negara dan keadilan 9, no. 1 (2020): 91–97. rijal, muh, sufirman rahman, and baharuddin baharu. “implementasi konsep keadilan restoratif dalam perkara anak yang berkonflik dengan hukum di kepolisian resort kota besar makassar.” the juris 4, no. 2 (2020): 87–101. setyawan, ade wahyu. “perlindungan hukum terhadap anak yang berkonflik dengan hukum.” mizan: jurnal ilmu hukum 10, no. 1 (2021): 81–89. siagian, amrizal, wiwit kurniawan, and tri hidayati. “sanksi pidana kenakalan anak sebagai pelaku bulliying menurut uu no. 11 tahun 2012 tentang sistem peradilan pidanan anak.” jurnal ilmiah humanika 3, no. 3 (2020): 1–11. about autor(s) resty shelya pujiani is an undergraduate student at the faculty of law universitas negeri semarang, indonesia. mutia azizah aksan is an undergraduate student at the faculty of law universitas negeri semarang, indonesia. maya sinta is an undergraduate student at the faculty of law universitas negeri semarang, indonesia. pujiani, aksan, & sinta 274 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) if you want peace, work for justice. pope john paul ii brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 79 brand registration as a marketing strategy and customer loyalty of natural color batik in kampung alam malon village budi santoso1*, inge widya pangestika pratomo2, nida nur hidayah3, sabri banna4, rindia fanny kusumaningtyas5 1,2,3,4,5faculty of law, universitas negeri semarang, indonesia *corresponding author: b. santoso, email: budi.san1000@gmail.com abstract: brand is a name, symbol, mark, design or combined of them for use as an individual identity, organization or corporations on goods and services possessed of discernment with the other service. globally, the right brands brand will be used as strategy to market products or services. considering the registration brand will need as an id to distinguish the results of the production of produced a person or some people in together or legal entity with the production of another person or another law office. the writer applied law and sociologicalapproach to study these issues so that the brand registration is importat to marketing product and customer loyality batik of malon nature village. keywords: brand registration; customer loyality; intellectual property rights; malon nature village; product marketing a. introduction kampung alam malon is located in rw 6, gunungpati subdistrict, gunungpati subdistrict, semarang city, which since 2016 has been designated as one of 16 regions to receive the semarang city "thematic how to cite: santoso, b., pratomo, i.w.p., hidayah, n.n., banna, s., & kusumaningtyas, r.f. ‘brand registration as a marketing strategy and customer loyalty of natural color batik in kampung alam malon village.’ indonesian journal of advocacy and legal services, 1(1), 79-96. doi: 10.15294/ijals.v1i1.33735 indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 1 (2019): 79-96. doi: 10.15294/ijals.v1i1.33735 submitted: 21 august 2019 revised: 1 september 2019 accepted: 10 september 2019 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33735 b. santoso, et.al. 80 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) kampung" program. the malon region in the hills has a variety of potential human and natural resources that can be developed further. malon village has the potential of livestock and plantation products. besides that, malon village also has well-known batik craftsmen, namely batik zie and batik salma and "batik children" from batik salma, namely citra, mangosteen, pomegranate and crystal. batik zie, who first started the batik business, has developed into a batik industry that is well known even to the international scene. the development of batik zie is certainly not easy, many challenges are faced, ranging from human resources, marketing, registration of legal entities and so forth. but one of the keys to the success of batik zie is its products that have been registered with the directorate general of intellectual property regarding brand rights. with a registered brand as well as by maintaining the quality of batik production, this has led to zie batik customers becoming loyal to their products, therefore batik zie has developed into a well-known batik brand. in addition to batik zie, there is batik crystal already registered with its brand rights, but marketing problems make customer loyalty less. while other batik industries in kampung alam malon have not yet registered trademark rights. even though the production of batik salma and its "batik child" is not inferior to batik zie, but due to marketing problems, brand registration and brand rights have not been obtained making marketing difficult because the product is not widely known, so the batik industry is less developed. consumers know the product through the brand, supported by the quality of the product that has the perception of quality (perceived quality) that is truly in accordance with the function and use.1 purchasing decisions are defined as a process of selecting alternative choices faced by someone in the context of the type of consumption choices, ranging from the use of new products to the use of old products and are well known.2 manufacturers who are able to build a brand well, will provide added value to the value offered by the product to consumers who are stated as brands that have strong brand equity. according to durianto brand equity (brand equity) is a multidimensional concept consisting of brand awareness, perceived quality, brand association, brand loyalty and other objective indicators.3 competition is increasing among brands operating in the market, only products that have 1 durianto et.al., brand equity tren strategy memimpin pasar, jakarta, pt gramedia utama pustaka, 2004, p. 96. 2 schiffman, kanuk, perilaku konsumen dalam perspektif kewirausahaan edisi ketujuh, jakarta, indeks, 2008, p. 485. 3 durianto et.al, op.cit., p. 40. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 81 strong brand equity will still be able to compete, seize and dominate the market.4 after the brand is known, customer loyalty will arise, the term customer loyalty shows the customer loyalty to certain objects, such as brands, products, services, or stores. in general, brands are often used as a benchmark for customer loyalty (brand loyalty). likewise with brand loyalty which reflects customer loyalty to certain brands. the purpose of this study can be divided into two, namely the first is a general goal which is to provide education to the public regarding the importance of brand rights for marketing products or services as a means of identification or identity to increase customer loyalty. then the specific purpose is to provide education and problem solving for batik marketing and brand influence on batik marketing in kampung alam malon so as to improve people’s lives. b. method the research method is a way to do something using the mind carefully to achieve a goal by recording, searching, formulating and analyzing to compile the report. research is a systematic, directed and purposeful scientific activity.5 therefore, data or information collected in research must be relevant to the problem at hand. that is, the data are related, familiar and appropriate. 6 the method used is sociological juridical, meaning that a study is conducted on the real condition of the community or community environment with the intent and purpose of finding facts (fact-finding), which then leads to identification (problem-identification) and ultimately towards the resolution of problems ( problem-solution).7 in conducting research, the authors who are members of the phase 1 intellectual property scientific work lecture semarang state university in 2019 went directly to the field or in this case batik entrepreneurs in kampung alam malon from july 16 to august 26, 2019. the approach to search for data is carried out by direct interviews with sources, namely batik entrepreneurs from the chairman to its members, who 4 ibid., p 7. 5 cholid narbuko & abu achmadi, metodologi penelitian, jakarta: pt. bumi aksara, 2003, p 1. 6 kartini kartono on marzuki. metodologi riset, yogyakarta, uii press, t.t, p 55. 7 bambang waluyo, penelitian hukum dalam praktek, jakarta: sinar grafika, 2002, pp. 15-16. b. santoso, et.al. 82 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) are then analyzed by expert opinions from books, journals and other reliable sources. c. result and discussion 1. implementation of brand registration for batik brand on malon village according to the trademark law is a name, symbol, sign, design or combination thereof to be used as the identity of an individual, organization or company on goods and services owned to distinguish it from other service products. brand characteristics play a very important role in determining whether a customer decides to trust a brand or not. based on interpersonal trust research, individuals who are trusted are based on reputation, predictability, and competence. regarding brand image is the perception and belief carried out by consumers, as reflected in the association that occurs in consumer memory.8 nugroho stated that image is real and therefore if market communication does not match reality, normally reality will win. the image will eventually become good, when consumers have enough experience with the new reality.9 the value of a brand name that is added to a product is a picture of brand equity, or it can be said that brand equity is a set of brand assets and liabilities associated with a brand, name, and symbol that increase or decrease the value given by a brand goods or services to companies or company customers or business actors. in terms of marketing hasan stated that marketing is a scientific concept in business strategy which aims to achieve ongoing satisfaction for stakeholders (customers, employees, shareholders). the market is changing very fast, customers are very price sensitive, new competitors are emerging new distribution channels and new communication channels are also increasingly sophisticated, the internet, teleconferences and technology that support the market are supporting the rise of sales and marketing automation. based on these definitions, several terms can be known, such as: needs (needs), wants (wants), demands (demands), products (products), exchanges (transactions), and markets (markets).10 8 kotler philip & kevin l. keller, manajemen pemasaran jilid 1 edisi ketigabelas, semarang, erlangga, 2009, p. 346. 9 nugroho setiadi, perilaku konsumen cetakan ketiga, jakarta, kencana prenada media group, 2008, p. 182 10 hasan ali, marketing, yogyakarta, penerbit medpress, 2009, p. 1. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 83 kotler and armstrong suggested: “marketing is a social and managerial process by which individual and group obtain what they need and want through creating and exchanging product and value with others”11, which means marketing is a social and managerial process where individuals and groups get what they need and want by creating and exchanging products and values with others. lamb & mc. daniel, stated marketing is a process of planning and carrying out concepts, prices, promotions, and distribution of a number of ideas, goods and services to create exchanges that are able to satisfy individual and organizational goals.12 kotler and keller put forward marketing management as the art and science of choosing target markets and obtaining, maintaining, and requiring customers by creating, delivering and communicating superior customer value.13 one understanding states that marketing management is an activity of analyzing, implementing planning, and controlling programs designed to establish, build, and maintain profits from exchanges through market targets to achieve organizational goals (the company) in the long run).14schiffman and kanuk state that the study of consumer behavior as a separate marketing discipline begins when marketers realize that consumers do not always act or react as proposed by marketing theory. it can be concluded that within a scope of marketing management as a combination of science and art that implements every management function in terms of exchanging products and services distributed from producers to consumers to achieve satisfaction and targeted targets in order to achieve company goals.15 increasingly fierce business competition and growing customer expectations encourage companies or business actors to focus more on efforts to retain existing customers. maintaining existing market targets through developing customer loyalty is one of the strategic objectives of the company or business actor to maintain their business and profits. in the long run, customer loyalty is an important priority for the development of 11 kotler, p. & armstrong g, principles of marketing 11th edition, new jersey: prentice hall international inc., 2006, p. 5. 12 lamb hair & mc daniel, marketing management and strategy, new jersey: prentice hall, 2001, p 1. 13 kotler philip & kevin l. keller, op.cit., p. 6. 14 assauri sofjan,manajemen pemasaran: dasar, konsep & strategi,(jakarta: raja grafindo persad, 2010). hlm 12. 15 schiffman & kanuk, perilaku konsumen dalam perspektif kewirausahaan. edisi ketujuh, jakarta,indeks, 2010, p. 5. b. santoso, et.al. 84 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) sustainable competitive advantage, namely excellence that can be realized through marketing efforts.16 2. analysis on customer loyalty on natural color batik of kampung alam malon the term customer loyalty refers to customer loyalty to certain objects, such as brands, products, services, or stores. in general, brands are often used as a benchmark for customer loyalty. likewise with brand loyalty which reflects customer loyalty to certain brands. the concept of customer loyalty has shown much attention in the marketing literature and consumer behavior. customer loyalty has a significant impact on the profitability of a company or business actor. loyal customers are likely to show positive attitudes and behaviors, such as repurchasing the same brand and positive recommendations that can affect customers actually and potentially. as we know that customer loyalty provides many benefits for the company with regard to a substantial entry barrier for competitors, increase the company's ability to respond to the threat of competition, increase revenue and sales, and make customers less sensitive to the efforts of competitors.17 the importance of customer loyalty as a primary goal for many companies or business people, academics and marketing professionals have tried to find antecedent customer loyalty. some previous studies have led to customer satisfaction as the starting point for growing customer loyalty.18 customer satisfaction has been recognized as an important determinant of customer loyalty. customer satisfaction can be conceptualized as an overall customer evaluation of the performance of an offer.19 talking about consistent behavior requires understanding the principles of consumer learning, because learning theory focuses on conditions that produce consistency of behavior over time. the explanation provides an illustration that learning, habits, and loyalty are interconnected concepts. loyalty is the result of consumer learning in a particular entity (brand, product, service, or store) that can satisfy their needs. so, this concept 16 dick, a.s & basu, k., customer loyalty: toward an integrated conceptual framework, journal of the academy marketing science, vol .22, 1994, p .99. 17 delgado-ballester, e and munuera-aleman, j. l. brand trust in the context consumer loyalty, european journal of marketing, vol. 35, no. 11, 2001, p 1238. 18 bowen, j. t., & chen, shiang-lih, the relationship between customer loyalty and customer satisfaction, international journal of contemporary hospitality management, vol. 13 no. 5 2001, p.213. 19 bearden & teel. selected determinan of consumer satisfaction and complain reports. journal of marketing research, vol. 20 no.2, 1983, p. 25. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 85 becomes very important for marketers because it provides many benefits for the company, including repeat purchases and can reduce marketing costs. customer loyalty investigations continue to be a major issue in the literature and marketing research. in general, research on customer loyalty only focuses on behavioral dimensions in measuring loyalty or focuses on the attitudinal dimension in measuring loyalty.20 this shows that the concept of customer loyalty has not been clearly defined and operationalized, although the importance of customer loyalty has been recognized in the marketing literature for three decades. research on customer loyalty has used various behavioral measurements to define customer loyalty to a particular object. loyalty based on behavioral measures is defined as repeat purchases, proportion of purchases, series of purchases, and purchase probability.21 kotler & armstrong state that products are all that can be offered to the market to be considered, owned, used or consumed that can satisfy the wants or needs of the wearer.22 in developing a product, marketers must first choose a quality level that will support the product's position in the target market.23 product quality is an overall combination of the characteristics of the product produced from marketing, engineering, production and maintenance that makes the product can be used to meet customer or consumer expectations.24 attitudes are evaluations, feelings, and tendencies of a person towards an object or idea that is relatively consistent.25 attitude puts people in a framework of thinking about liking or disliking something, about approaching or avoiding it. attitude is also called the most special concept and is very much needed in contemporary social psychology. attitude is also one of the most important concepts used by marketers to understand consumers. 26 20 bowen, j. t., and chen, shiang-lih, 2001, the relationship between customer loyalty and customer satisfaction, international journal of contemporary hospitality management, 13(5), p.214. 21 dick, a.s & basu, k., customer loyalty: toward an integrated conceptual framework, journal of the academy marketing science, vol. 22 no. 1, 1994, p. 100. 22 kotler, p. & armstrong g, principles of marketing 11th edition, new jersey: prentice hall international inc, 2006, p. 337. 23 machfoedz m,komunikasi pemasaran modern. cetakan pertama, jakarta, penerbit. cakra ilmu. jakarta, 2010, p. 6. 24 wijaya t,manajemen kualitas jasa edisi 1, jakarta, indeks, 2011, p. 11. 25 kotler, p. & armstrong g, principles of marketing 11th edition, new jersey, prentice hall international inc., 2006, p. 338. 26 peter, j.p. & olson, j.c, consumer behaviour & marketing strategy, seventh edition. new york: mcgraw-hill companies, inc, 2006, p. 23. b. santoso, et.al. 86 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 3. protection of intellectual property rights for batik alam kampung malon the economy of a country cannot be separated from the important role of smes (micro and small and medium enterprises). why smes holds an important element because with the existence of smes open new jobs for the community and increase income so that it can indirectly reduce poverty in indonesia. kampung alam malon has a lot of potential in it, one of the products produced is batik. however, if batik is usually produced from synthetic colors, batik production produced in malon nature village comes from natural colors, thus making this batik product different from other batik production results. the hallmark of batik made by kampung alam malon batik artisans is in terms of batik coloring using natural dyes that have been used for generations until now. even the craftsmen have a private garden to plant plants used for natural dyes, one of which is indigo cultivation. since the formation of batik crafters' groups in kampung alam malon, which have been named as thematic villages and working together with indonesia power, batiksem smes have consistently used natural dyes. the results of natural coloring are far different from chemical dyes, because natural dyes produce colors that are soft, inconspicuous and cool to the eye. this type of batik is in great demand both domestic and foreign tourists. in terms of the source of textile dyes obtained can be divided into two, namely synthetic dyes and natural dyes. synthetic dyes are artificial substances (chemical dyes). color synthesis is a dye that can be used in temperatures that do not damage the wax, which belongs to the group of dyes are: indigosol, naphtol, rapid, base, indanthreen, procion, and others.27 utilization of natural dyes for textiles is an alternative to chemical dyes. as for natural coloring agents obtained from nature derived from animals (lac dyes) or plants such as from roots, stems, leaves, skins and flowers. natural colors are obtained from plant parts such as roots, stems, wood, skin, leaves and flowers, or from animal lac dye. examples of natural colors include plants high, jambal, tegeran, mahogany and others. natural dyes obtained from processing plants and several other natural ingredients. these natural dyes include pigments that are already present in the material or formed in a heating, storage, or processing process. some natural pigments that are abundant around us include: chlorophyll, 27 pringgenies, d., e. supriyantini, r. azizah, & r. hartati. aplikasi pewarnaan bahan alam mangrove untuk bahan batik sebagai diversifikasi usaha di desa binaan kabupaten semarang. jurnal info vol. 15 no. 1, 2013, p. 7. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 87 carotenoids, tannins, and anthocyanins. natural dyes are generally safe and do not cause side effects for the body. 28 the natural color for batik coloring is in great demand by consumers from abroad because batik or materials that use natural colors will make the user more comfortable and guaranteed not to cause allergies. the emergence of movement back to nature, fear of the effects of pollution by synthetic dyes that cause cancer and the desire to produce unique products encourage the rise of the use of natural dyes.2928 figure 1. natural color batik results of malon nature village with designs and logos created from the results of the mentoring team of semarang state university's real scientific work lecture in the field of intellectual property. batik with natural dyes has its own uniqueness in the manufacturing process. especially in the dyeing process, although using the same technique and color composition, but not necessarily produce the exact same color. therefore, there are actually some legal protection of ipr (intellectual property rights) that can be applied to batik created by batik craftsmen of malon alam village. the protection of ipr covers several scope of ipr. it should be noted that a product can be protected by a variety of rights as well as being covered by intellectual property rights (ipr). the scopes of ipr that can protect batik works made by batik smes batik craftsmen in kampung alam malon as shown on table 1. 29 ibid., p. 8. b. santoso, et.al. 88 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) table 1. ipr coverage that can protect the work of msme batik kampung alam malon legal protection category intellectual property rights explanation copyright the new batik motif designs created and created by batik craftsmen can be protected with copyright. this was stated in copyright protection in the sphere of batik art act no. 19 of 2002. the exclusive rights possessed by batik artisans give their creator the right to publish or reproduce their own new batik designs. simple patent simple protected patents are creations in dyeing and coloring batik. the process of making dyeing and dyeing batik, especially with natural coloring agents, although done using simple technology, but has high value and produces a unique and distinctive color that is also the scope of patent protection. brand rights brand rights can also be given to the work of batik artisans. the function of the brand itself is as an identifier to distinguish the results of production produced by batik artisans or one umkm batik from one another, as a promotional tool, so as to promote their production results simply by mentioning their brands, as a guarantee of the quality of their goods and a pointer to the origin of the goods / services they produce or usually called by geographical indication. rights to geographical indications the right to geographical indication is a sign that indicates the area of brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 89 as a first step to introduce the work of natural color batik in kampung alam malon, a strategic thing to do is to carry out legal protection of intellectual property rights (ipr) in the brand rights category. trademark registration must take precedence because the trademark plays a very important role in the world of trade in goods and services to differentiate one product from another, especially similar products. trademark registration is a valid proof of registered trademark, and trademark registration is also useful as a basis for rejection of the same trademark as a whole or the same in principle that is requested by others for similar goods or services. in this way, trademark registration as a basis prevents others from using the same mark in principle or as a whole in the circulation of goods or services. law on trademark rights in indonesia adheres to the constitutive system (first to file), which means that anyone who registers first will be accepted by registering without questioning whether the registrant actually uses the mark for the benefit of his business. this is also to guard against counterfeiting, complication, or the existence of a similarity in whole or in essence with the property of others. only trademarks that are registered will get legal protection and those trademarks that are not registered are not protected by law. by providing legal protection for goods and or services, it will anticipate violations of the brand rights of the product and also the owners of the trademark rights can report to the rightful party if there is a violation of brand rights. in general, trademark rights violations that often occur in the trade of goods or services include: 1) brand impersonation practices origin of a good which due to geographical environmental factors including natural factors, human factors, or a combination of the two factors gives certain characteristics and qualities to the goods it produces. so that by providing protection for geographical indications, certain characteristics that are only found in the kampung alam malon batik can be protected legally. b. santoso, et.al. 90 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) in this case the entrepreneur competes dishonestly by trying to imitate an existing brand so that the brand of the product or service he produces is essentially the same as the brand of the goods or service being imitated. this practice is usually applied to products or services that already have a name on the market or commonly known as well-known trade marks. it aims to give the impression to the general public that the product is the same as the original product. that way the business actor expects that with this similarity he can obtain a large profit without spending a large fee for the promotion of introducing the production. this is because consumers can be deceived by the similarity of the brand. whereas the practice of impersonation of a mark may be subject to sanctions in accordance with article 91 of the trademark law which states “whosoever intentionally and without the right to use a mark is the same principally as a registered trademark of another party for similar goods and/or services that are produced and/or traded, convicted with a maximum imprisonment of 4 (four) years and/or a maximum fine of rp. 800,000,000.00 (eight hundred million rupiah)”. 2) brand counterfeiting practices examples currently being rife are imitation goods from famous brand products with the term "kw", usually there are categories of "kw 1", "kw 2", "kw super", and so on. although the imitation goods are usually sold at a lower price than the price of the original goods, the loss is still experienced by famous brand holders because people who cannot afford to buy the original product will switch to buying the imitation goods. so that it can result in a decrease in sales turnover so it reduces the expected profits from the more well-known brand. it can even reduce people's trust in the brand, because consumers think that brands that were once believed to have good quality have started to decline in quality. not only that, the practice of counterfeiting brands is also very detrimental to consumers because consumers will obtain goods or services that are usually of lower quality than the well-known original brands, and even at times the fake production endangers the health and lives of consumers. the practice of counterfeiting the mark may be subject to sanctions in accordance with article 90 of the trademark law which states “whosoever intentionally and without the right to use trademarks is the same in whole as the registered trademarks of other parties for goods and/or services of the same type produced and/or traded, convicted with a maximum imprisonment of 5 (five) years and/or a maximum fine of rp. 1,000,000,000.00 (one billion rupiah)”. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 91 this trademark violation is called passing off (pillion reputation). passing off is indeed a term known in the common law system.29 “in the common law system, passing a mark is an act of unfair competition, because this action results in other parties as trademark owners who have registered their trademarks in good faith experiencing losses in the presence of parties who fraudulently piggybacked or piggybacking on his brand to get financial benefits”. the existence of this legal protection results in business competitors not entitled to use the brand, letters and form of packaging in the products they use. passing off prevents other parties from doing several things, such as: i. present goods or services as if the goods / services belong to someone else; and ii. running a product or service as if it has a relationship with goods or services that belong to someone else. with regard to this act of passing off, the basic provisions violated are article 3, article 4, and article 5 of the trademark law. in addition to special provisions regarding the mark, passing off actions may also be subject to criminal provisions, because this passing off action is fraught with fraudulent elements. this is as stated in article 382 bis chapter xxv of the indonesian criminal code concerning cheating which reads: “whoever to obtain, carry out or expand the results of trade or companies owned by themselves or others, commit fraudulent acts to mislead the general public or a certain person, threatened, if the act can cause harm to his concurrent or other people's concurrent because of fraudulent competition, with a maximum imprisonment of one year and four months or a maximum fine of thirteen thousand five hundred rupiah”.30 there are five batik sme industry players in kampung alam malon, including the following: table 2. batik smes business in kampung alam malon no batik names brand rights status 1 batik zie registered 2 batik cristal registered 3 batik salma not registered 4 batik delima not registered 5 batik manggis not registered source: personal identification, authors, 2019 30 nur hidayati, perlindungan hukum bagi merek yang terdaftar, ragam jurnal pengembangan humanivora, vol. 11 no. 3, 2011, p.180. 31 ibid. b. santoso, et.al. 92 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) unfortunately, besides batik zie, the other batik industries are less developed and well known. salma batik, delima batik and batik manggis have difficulty in marketing their products because the products are not yet known. this is where brand rights should play a role, consumers will basically choose a product that is already known, a product whose brand is registered and maintain the quality of its products will certainly be more attractive to customers to buy the product. meanwhile, cristal batik, whose brand has been registered, is still difficult to market its products because it has just gained brand rights, so it is not too well known to many people, so that customer loyalty has not been created for the batik product. the key to smes being able to survive in market competition is especially to face the free market competition of mea 2020 in terms of product quality and good management. the management generally covers the fields of marketing, production, human resources (hr), and finance. in the field of marketing management it is necessary to analyze the market by determining the strategy of market segmentation, target market determination strategies and market positioning strategies. these three strategies are keys in marketing management: i. market segmentation strategy market segmentation is the process of dividing markets into different groups of buyers based on needs, characteristics or behaviors that require a separate product mix and marketing mix. or in other words market segmentation is the basis for knowing that each market consists of several different segments. market segmentation is the process of placing consumers in sub-groups in the product market, so that buyers have responses that are almost the same as marketing strategies in determining the company's position.31 ii. target market determination strategies selection of the size or breadth of the segment is in accordance with the ability of a company to enter the segment. most companies enter a new market by serving one single segment, and if proven successful, then they add segments and then expand vertically or horizontally. in examining the target market it must evaluate by examining three factors:32 31 setiadi & nugroho j, perilaku konsumen: konsep dan implikasi untuk strategi dan penelitian pemasaran, kencana, jakarta, p 55. 32 umar h, strategic management in action, konsep, teori, dan teknik menganalisis manajemen strategis strategic business unit berdasarkan konsep michael r. porter, fred r. david, dan wheelanhunger, pt gramedia pustaka utama, jakarta, 2001, p. 46. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 93 a. the size and growth of the segment. b. structural victory in segments. c. objectives and resources. iii. target market determination strategies positioning the market (positioning) is a strategy to seize the position of the minds of consumers, so this strategy involves how to build trust, confidence, and competence for customers. marketing is very important to do, because marketing is a science concept in business strategy that aims to achieve ongoing satisfaction for stakeholders both for customers and the batik craftsmen themselves. for that product, batik production results are always intended to meet the needs and desires of consumers. the right marketing will bring customers who are loyal to a product. customer loyalty has an important role in a product, maintaining customer loyalty means improving the financial performance of business actors so that it can indirectly maintain business continuity. d. conclusion kampung alam malon holds the potential for batik that has not yet maximized its benefits. the basic problem is that the trademark has not been registered at the directorate general of intellectual property of the batik product. brands can increase the level of public knowledge about a product, so customers can get to know the product. when the brand goal is reached, only the business actor must work hard to maintain the quality of the product produced so that customer loyalty comes. if all aspects have been fulfilled, then the main problem, namely marketing, will be solved, because automatically if the customer is satisfied and familiar with the product, the sale will also proceed, so that it can indirectly improve the standard of living of the people of kampung alam malon and also the natural color batik that remains sustainable. e. acknowledgments we would like to express our thankfulness to all team of kkn unnes kampung alam malon, as well as to ms rindia fanny kusumaningtyas sh mh as our lecturer and supervisor of program. special thanks to: youth community at kampung alam malon, batik smes business at kampung alam malon, all village officials at kampung alam malon. b. santoso, et.al. 94 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. g. funding program of the community services and research funded by authors it self as well as publication. authors declare that there is no sponsorhip or any other parties funded the program. h. references assauri, s. 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(2011). perlindungan hukum bagi merek yang terdaftar. ragam jurnal pengembangan humanivora 11(3), 174-181. kotler, p., & keller, k.l. (2009). manajemen pemasaran jilid 1. edisi ketigabelas. jakarta: erlangga. kotler, p. & armstrong g. (2006). principles of marketing. 11th edition. new jersey: prentice hall international inc. brand registration as a marketing strategy and consumer loyalty indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 95 kwartiningsih, e., setyawardhani, d.a., wiyatno, a., & triyono, a. (2009). zat warna alami tekstil dari kulit buah manggis. jurnal ekuilibrium 8(1), 41-47. lau, g.t., & lee, s.h. (1999). cunsomers’ trust in a brand and link to brank loyalty. journal of market focused management, 4(4), 341370. machfoedz, m. (2010). komunikasi pemasaran modern. cetakan pertama. jakarta: penerbit cakra ilmu. nugroho, s. (2008). perilaku konsumen. cetakan ketiga. jakarta: kencana prenada mediagroup. peter, j.p. & olson, j.c. (2005). consumer behaviour & marketing strategy, seventh edition. new york: mcgraw-hill companies, inc. pringgenies, d., supriyantini, e., azizah, r., & hartati. r. (2013). aplikasi pewarnaan bahan alam mangrove untuk bahan batik sebagai diversifikasi usaha di desa binaan kabupaten semarang. jurnal info 15(1), 1-10. retrieved from https://ejournal2.undip.ac.id/index.php/info/article/view/1282/968 schiffman & kanuk. (2008). perilaku konsumen dalam perspektif kewirausahaan. edisi ketujuh. jakarta: jakarta. wijaya, t. (2011). manajemen kualitas jasa. edisi 1. jakarta: indeks. https://ejournal2.undip.ac.id/index.php/info/article/view/1282/968 b. santoso, et.al. 96 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) quote the right to be attributed as an author of a work is not merely a copyright, it is every author’s basic human right kalyan c. kankanala, fun ip, fundamentals of intellectual property copyrights © 2019 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 137 abstract: the purpose of this paper was to look into the issue of legal cases accumulating on credit contracts in court. it also assesses the efficacy of establishing a minor claim court in the event of contract default. small claim court will also provide a milestone in settlement of bad debts resulting from contract defaults, reducing the burden on indonesian courts and providing legal certainty to business actors. inheritance cases are also examined, resolved, and decided by the sole judge in a timely and efficient manner, resulting in a reasonable assessment for all participants. this normative study used statutory, case, comparative law, and analysis content approaches. the research results showed that small claims court is a court that conducts a trial and renders a binding judgment that can be enforced like any other judgment. although small claims court can be less formal and less strict when it comes to admitting evidence, the court’s judgment is as strong as anything else provided by the judicial system. the filing of small claim court increased ten times from 2015 to 2020, with the plaintiffs dominated by banks in lousy credit cases. a small claim court provides benefits to the bank and the customer because it speeds up the settlement of the plaintiff’s money in a bad credit case with a case value of not more than 500 million, and there are no provisions, exceptions, reconventions, interventions, replicas, duplicates, or conclusions in the case examination process. keywords: court; default; small claim court small claim court as the alternative of bad credit settlement for legal certainty of the economic actors pujiyono1 ; umi khaerah pati2 ; pranoto3; kukuh tejomurti4 1,2,3,4faculty of law universitas sebelas maret corresponding author: pujifhuns@staff.uns.ac.id small claim court as the alternative of bad credit settlement for legal certainty of the economic actors pujiyono pujiyono1 , umi khaerah pati2 , pranoto pranoto3, kukuh tejomurti4 1,2,3,4faculty of law universitas sebelas maret corresponding author: pujifhuns@staff.uns.ac.id mailto:ipvuejrisfhituansss@esbtealfaf.sumnsa.arect.id mailto:pujifhuns@staff.uns.ac.id pengadaang barang dan jasa. dialogia iuridica: jurnal hukum bisnis dan investasi, 8(2), pp.42-52. 138 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction what is a small claims disputes all about? the answer is not a simple one. almost a decade ago hennessey (1975) observed that though a claim may be small in monetary terms, the disputes and the issues underlying the dispute may be very complex. sometimes there is a hidden agenda. sometimes the small claim dispute may be a skirmishing point whose real, unarticulated cause lies elsewhere. however, one need not pursue matters to this point to realize that the plaintiff’s demand for compensation does not necessarily capture the difference between the parties. in monetary terms alone, it is clear that the plaintiff’s claim does not define the dispute, for a defendant may be willing to concede that a portion of what is sought is owing. if so, an award to the plaintiff may actually confirm the defendant’s version of the disputed transaction.1 yahya harahap (2010) stated that the average time needed to settle a case from the first instance to the cassation is 7 to 12 years.2 however, in practice, the judicial process takes a long time in resolving cases, such as when the losing party does not receive a decision and submits legal remedies in the form of an appeal or cassation. this causes the decision to have no permanent legal force (res judicata), leading to a buildup of cases(harahap 2009). in the context of a business contract dispute, examinations that take a prolonged period negatively affect legal uncertainty, which tends to impact business certainty with economic value.3 since business conflicts demand a quick and straightforward resolution, court expenses are lower whenever a settlement is reached that is acceptable to all parties without extending or causing new problems. one of the most severe issues in the court system is case accumulation. this is due to the ineffectiveness of judicial implementation non-accordance with the three principles of justice: speed, simplicity, and low cost to respond to these principles, the supreme court established a policy by establishing a “small claim court” based on the application of small claim courts in numerous nations, including the united states. according to supreme court regulation, the examination process takes 25 days to obtain a conclusion, and there are no other legal remedies available, such as appeals or cassation. 1 vidmar, n. (1984). the small claims court: a reconceptualization of disputes and an empirical investigation. law and society review, 515-550. 2 m. yahya harahap, (2010), beberapa tinjauan mengenai sistem peradilan dan penyelesaian sengketa, rajawali: jakarta, p. 154 3 tejomurti, k. (2017). pertanggungjawaban hukum yang berkeadilan terhadap aparatur pemerintah pada kasus p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 139 the ideal approach for businesses, such as banks, to settle the problem of bad credit in the microcredit sector is through a small claim court. due to supreme court decisions on small claim courts, the indonesian banking association reported an increase in recovery received in bad credit cases from 2.1 percent in 2018 to 3.2 percent in 2019 however, several parties claimed that the settlement of matters in single judge trials is governed by supreme court regulation, which mandates that the panel of judges is composed of at least three judges. this is, however, a far cry from the judgment reached by the judges’ panel following debates, which included dissenting perspectives on the judge’s discretion in deciding cases. furthermore, the supreme court regulation’s position in assessing a single judge’s ability to govern a minor claim court is not deemed to be in the legal hierarchy based on the description above, this study aims to determine the effectiveness of the small claim court implementation in the default case on credit contracts. secondly, this study determines the independence of a single judge in the process of examining a small claim court in the default case on credit contracts. b. methods this research blends legal research with qualitative research. the provisions of the small claim court are examined in this article, as well as their application in the resolution of bad credit situations. the authors give the facts of a growing number of judicial cases. the writers also discuss how the small claim court system may help banks and customers address problems, as well as its benefits over the traditional judicial proceedings from submission to trial to verdict and appeal. c. result and discussion 1. small clime court as an alternative sattelment of bad credit case in indonesia what is a small claims disputes all about? the answer is not a simple one. almost a decade ago hennessey (1975) observed that though a claim may be small in monetary terms, the disputes and the issues underlying the dispute may be very complex. sometimes there is a hidden agenda. sometimes the small claim dispute may be small claim court as the alternative of bad credit settlement issn, 1410, 5632. 140 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a skirmishing point whose real, unarticulated cause lies elsewhere. however, one need not pursue matters to this point to realize that the plaintiff’s demand for compensation does not necessarily capture the difference between the parties. in monetary terms alone, it is clear that the plaintiff’s claim does not define the dispute, for a defendant may be willing to concede that a portion of what is sought is owing. if so, an award to the plaintiff may actually confirm the defendant’s version of the disputed transaction. a first step in saving nonperforming loans prior to taking them to court is to take supervision deeds, which include advising on improving business conditions by assisting debt holders in finding new markets and clients. the next step is to save the credit portfolio of assets, including restructuring, reconditioning, and rescheduling. if you can’t avoid it, take non-lawsuit measures first and consider litigation as a last resort. the court as a venue for dispute settlement has several benefits, and it is also an institution that is employed to seize and perform out executions.4 according to world bank study, there are various barriers to settling commercial disputes through the courts in indonesia, including 1.) inefficient first-level dispute resolution, 2.) protracted settlement timelines, 3.) high court costs, and 4.) exorbitant attorney fees. the processing of claims for fiat execution through the courts takes a lengthy time, whereas the measurement of credit losses (interest) continues and cannot be postponed. it can take up to two years on average; some people have even run for four years and still haven’t finished.5 the inefficiency and prolonged period lead to the accumulation of case files in court. based on the 2016 supreme court report, a total of 83,943 civil cases were tried by district courts throughout indonesia in 2016. of this number, 71,456 cases were received in 2016, and the remaining 12,487 in 2015. furthermore, 59,993 of these cases were decided in 2016, and 6,843 were withdrawn, leading to 17,107 cases by the end of december 2016.6 as a result, the supreme court regulation was published, which was aimed to promptly and simply determine 4 raynaldo b, (2018), kebebasan bank dalam memilih lembaga penyelesaian kredit macet di indonesia, lex pri vatum vol. vi/no. 1/jan-mar/2018, p. 145 5 arifin, r. (2020). legal reform discourse in indonesia and global context: how does the law respond to crime. journal of law and legal reform, 1(2), 193-196. 6 ariani, n. v. (2018). gugatan sederhana dalam sistem peradilan di indonesia. jurnal penelitian hukum p p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 141 responses to legal challenges presented by parties regarding small claims court procedures. cases resolved under this statute, on the other hand, are handled by a single judge and necessitate a quick and brief examination and settlement period with simple proof. in a small claim court, lawsuits with a maximum value of $500 million are allowed if both the defendant and the plaintiff are residents of the same territory. the number of plaintiffs and defendants cannot exceed one unless they share the same legal interest, are examined by the same judge, and are decided by the same judge. a preliminary examination is undertaken before to the trial. the judge in the case has the authority to rule that a matter is not simple and to strike it from the registration, as well as to force the plaintiff to pay the remaining court fees. when a single judge is available, the chief justice appoints a single judge to examine a small claim court, aided by the clerk, with the plaintiff and defendant in attendance. there are no provisions, exceptions, reconventions, interventions, replicas, duplicates, or conclusions in the case examination process because there are just claims and responses. the limitation period for lawsuit settlement is 25 days from the start of the first trial, as opposed to the standard court’s maximum of 5 months. objections must be filed within 7 days of the judges’ decision, and there are no appeals or cessation options. the case is ruled void if the plaintiff fails to appear at the first hearing for no justifiable cause. furthermore, if the defendant is not present on the first trial day, a second summons is issued, and if this occurs on the second trial day, the judge is capable of deciding the case. the litigation is investigated and determined on a contradictory foundation, in which the defendant is permitted to raise an objection if the defendant is present at the first trial but missing at future ones for no justifiable cause.. the judge is still advised to obtain peace at the first trial, and once this is accomplished, a deed of peace is issued that binds both parties. when the situation is reversed, however, no legal action is taken. when a judge examines the applicable procedural law, recognized claims do not need to be substantiated against those that were refused. in a public trial, the judge is required to read the decision and inform the parties of their rights. in a minor claim court, the legal remedy is to file an objection to the chief justice by completing the related deed in small claim court as the alternative of bad credit settlement 142 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) front of the clerk. objections must be filed within 7 (seven) days of the verdict being announced. 2. the effectiveness of a small claim court in bad credit cases according to several studies in supreme court regulation no. 4 of 2019 concerning amendments to supreme court regulation no. 2 of 2015, there are advantages and disadvantages associated with the procedures for settlement of small claim court. the following describes some of the 2019 supreme court regulation rules regarding small claim court against credit cases from the application, trial, decision, and implementation stages. a. application stage article 3 of the 2019 supreme court regulation stated that non-performing loans are resolved through a small claim court as long as the object of the case is not more than idr 500,000,000 (two hundred million rupiahs). as a result, a substantial litigation worth more than $500 million is unresolvable. in actuality, commercial banks can provide larger loans as long as they follow the regulations set forth in the financial services authority regulation of the republic of indonesia number 32 /pojk.03/2018 on the maximum limit for loans and provision of large funds for commercial banks. the maximum credit limit for a single debtor or a group of creditors is 10% of the bank’s core capital or greater (tier 1). as a result, if the bank belongs into the book 4 categories and has a minimum core capital of 30 trillion, the maximum loan issued to consumers is enormous. as a result of this law, a small claim court can only deal with a tiny portion of bank non-performing credit disputes, such as bad credit on people’s business credit (kur) loans worth between idr 5 million and idr 500 million, and consumer financing loans like credit cards. one of the factors that must be met at the preliminary examination stage is that the debt value does not exceed idr 500 million when a case goes to court. this is the most crucial stage because the judges determine whether the lawsuit is included in the simple category or not by assessing the proof’s simplicity. when the judges consider that the lawsuit is not in the simple category, they tend to delete it from the p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 143 cash register and order the remaining court fees to be returned to the plaintiff. the following administrative need has to do with residency. in a small claim court, the plaintiff and defendant must be domiciled in the same court region, according to article 4 paragraph (3) of the supreme court regulation. this indicates that the parties will be unable to use this small claim court if there are legal domicile discrepancies. the 2019 supreme court regulation, on the other hand, established a new policy for plaintiffs with jurisdictions other than the defendant’s to ensure that they can file a lawsuit by designating a proxy, incidental attorney, or institutional representation domiciled in the defendant’s jurisdiction. the cases can be submitted remotely using electronic case administration (e-court). the previous requirement (2015) does not burden the banks because, in practice, they are very selective on applications submitted by prospective customers domiciled outside the reach of their business area. for example, a credit card is easily issued by a bank when a domicile certificate is attached according to the coverage area. an instance of this scenario is issuing a credit card by bri bank waru sidoarjo branch, east java. in carrying out this activity, the customers must be domiciled in sidoarjo, and foreigners (foreign citizens) are not allowed to register. these rules are made for banks to easily analyze the condition of prospective customers, guarantee collaterals and anticipate the occurrence of future bad credit. furthermore, the actor sequitur ferum rei principle can be implemented at the lower cost. b. trial stage the judge in a small claim court is appointed by the chairman of the court (article 1 paragraph 1 perma 2019).7 in indonesia, at least 3 judges are expected to examine and decide court cases. this is regulated in the law on judicial power article 11 paragraph (1) and (2) of the law on judicial power. (1) the court examines, adjudicates, and decides cases with a panel of at least 3 (three) judges unless the law states otherwise. 7 laras asri dwi permatasari, (2019), procedure and implementation of bank bri customers’ credit cards waru sidoarjo branch, , thesis, perbanas school of economics surabaya, p. 9 small claim court as the alternative of bad credit settlement 144 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) (2) the composition of the judges referred to in paragraph (1) consists of a presiding judge and two member judges. apart from the 2019 supreme court regulation regarding small claim court, several judicial regulations authorize judges to examine and decide cases, including juvenile courts. this is in accordance with article 11 paragraph (1), article 14 paragraph (1), article 18 paragraph (1) of law number 3 of 1997 concerning juvenile court, as well as article 44 paragraph (1), article 47 paragraph (1), and article 50 paragraph (1) law number 11 of 2012 concerning the juvenile criminal justice system, where judges examine and decide on children’s cases both at the first, appeal and cassation levels. furthermore, the examination of tax dispute regulated in article 65 to article 68 of law no. 14/2002 on the tax court is carried out by a panel or single judge. the advantage of a single judge in making decisions is that it speeds up the trial process by reducing deliberation by the panel of judges. on the other hand, a single judge’s decision can be subjective and rushed due to the unavailability of a question and answer process. a judge is a self-contained human who uses himself or her own ideology as a moral framework to investigate and decide a case. there are different styles of small claim court judges in the trial, according to karen tracy: (a) strict (b) legislative (c) authoritative (d) mediator, and (e) procedural. a judge has three legal purposes, according to gustav radbruch: certainty (rechtssicherheit), justice (gerechtigkeit), and expediency (zweckmaszigkeit). these legal goals, on the other hand, are not always in sync; in fact, they are frequently at odds (spannungsverhaltnisse). as a consequence, the priority principle must be employed in order to meet these three legal aims. as according gustav radbruch, there is a hierarchy scale that should be fulfilled, with justice coming first, then benefits, and finally legal certainty. as a result, a judge must effectively manage these three essential principles by avoiding extrajudicial interference or pressure, particularly from plaintiffs. the impartiality and political insularity of judges are both put to the test. the notion of judicial impartiality is reflected in legal arguments and decisions that have no vested interest in the case, but the principle of political actor decisions is reflected in the fairness of decisions and recognized by people seeking justice.8 8 a. muhammad asrun, “krisis peradilan: mahkamah agung di bawah suharto”, (jakarta: elsam, 2004), p. 45 p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 145 in the end, all judge’s decisions should be based on legal grounds. parties are expected to accept the judgment and seek restitution if they consider others and vice versa have violated their rights. the indonesian supreme court has decided that any judge’s decision should include all legal, philosophical, and sociological issues; consequently, the justice that must be accomplished, realized, and accounted for is legal, moral, and social justice-oriented. according to article 5 paragraph (1) of law no. 48 of 2009 concerning amendments to the law on judicial power, judges are required to investigate the legal values that exist in a community. in examining instances, their judgment results from a fight between mind and conscience. judex facti (first level court and appellate level) expresses its opinion based on facts that appear legally at the trial. therefore inductive thinking methods equipped with legal skill competency standards are needed to analyze the cases based on existing facts and appropriate law. therefore, even though it only consists of a single judge, the decision needs to be always considered correct, as the legal principle of res judicata pro veritate habetur. article 4 paragraph (4) of the supreme court regulation number 2 of 2015 stated that the plaintiff and the defendant are obliged to attend the trial process with or without being accompanied by a legal representative. small claim court do not have to be represented by a legal representative or by employing the services of an advocate, as is the case in ordinary civil lawsuits. however, the plaintiffs and defendants need to attend the trial with or without legal counsel. the lawsuit is declared void, supposing the commercial bank as the plaintiff is not present at the first trial without a valid reason. furthermore, when the customer is not present at the first trial, a second summons is made, and when this fails, a verstek precides over the case. cases decided by verstek are considered formal, thereby preventing the defendant from refilling the case except by submitting a fight, also known as a verzet. according to article 129 hir,9 the verzet grace period for ordinary claims can be submitted directly to the defendant within 9 darmawati and asriadi zainuddin, (2015), application of verstek decisions at the religious courts of, al-mizan issn 1907-0985 e issn 2442-8256 volume 11 nomor 1, pp. 90-101 http://journal.iaingorontalo.ac.id/index.php/ am p. 98 small claim court as the alternative of bad credit settlement http://journal.iaingorontalo.ac.id/index.php/ 146 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 14 days after the decision. (darmawati and zainuddin 2015). however, in a small claim court, the period given by the supreme court regulation is shortened to only 7 days. therefore, when the defendant/respondent submits a verzet, the examination is continued by summoning the parties back to the trial. in cases whereby the defendants are present at the first trial and absent on the next without valid reasons, they are tried in a contradictory manner (darmawati and zainuddin 2015). on the first day of the trial, the judge must seek peace between the bank and the customer. supposing this is reached, the judge makes a peace deed that binds both parties. however, there is no legal remedy when the associated parties are against the decision. this peace was once broken in the case of bad credit between pt. rural bank nbp 5 against lisbon manurung as defendant i, and tetty herawati jawak as defendant ii. the dispute ended with the decision of the peace deed because of the good faith of the parties involved (saputri 2019). furthermore, it contained contents of the peace agreement and the judge’s decision that strengthens it, which is not subject to ordinary or extraordinary legal remedies. this is in accordance with the agreement of both parties in court mediation, whose position is similar to the judge’s decision which has permanent legal force (inkracht van gewijsde). however, this is related to article 130 of hir (2), which stated that “when peace occurs, at the time of the trial, a deed needs to be made that requires both parties to fulfill the agreement made, thereby making it valid and carried out by an ordinary judge’s decision.”10 therefore, based on the article above, it is concluded that the peace deed is inkracht van gewijsde and has executive power. in this decision, the peace deed starts with the sentence “for justice based on the one godhead” the judge is also going to include a dictum, such as “punish both parties (plaintiff and defendant) to carry out the contents of the peace deed.” this dictum is an order, which needs be carried out by the parties. article 130 (2) hir stated that the parties are basically obliged to obey and fulfill the contents of the peace agreement. furthermore, 10 lisma resky saputri, kahar, sulaeman, legal analysis of bad credit cases at bank rakyat indonesia majene branch number: 35/pdt.g.s/2018/pn.mjn, university of west sulawesi p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 147 paragraph (3), stated that such a decision are not permitted to use legal remedies. therefore, the privileges of the peace decision are closed appeals and cassation proceedings, have permanent legal force, and executive power.11 once the litigants cannot come to an agreement, an examination of the main matter is characterized by reading the plaintiff’s “lawsuit” followed by a response from the defendant. provisions, exceptions, conventions, interventions, replicas, duplicates, and conclusions, unlike conventional lawsuits, cannot be filed in small claim court because it moves straight to the evidence procedure.. a claim that is recognized and denied by the defendant does not need to be proven. however, on the contrary, when there is a rebuttal from defendant, the examination of evidence is based on the procedural law. for example, in the bad credit case of bank rakyat indonesia majene branch number: 35/pdt.gs/2018/ pn.mjn, the defendant admitted to having defaulted by not paying the debt installments that had to be repaid. therefore, the judge granted the plaintiff’s arguments and mandated the defendant to pay all credit areas in full. in situations where the defendant refuses to voluntarily pay all arrears, the collateral is auctioned with the intermediary of the state assets service and auction office (kpknl), the judge orders for an immediate evacuation of the object. furthermore, in situations whereby the defendant fails to conduct the job properly, the plaintiff, with the assistance of the authorities, carries it out and mandates the defendant to pay the costs incurred. c. decision stage banks are frequently sued by debtors who do not want their assets/guaranteed to be auctioned during the auction of debtors’ assets/guaranteed.12 essentially, once a court ruling has permanent legal force, the losing party must voluntarily carry out 11 mareti gulo, monique imaniar putri, 2018, “analisis hukum terhadap penyelesaian sengketa hutang piutang melalui akta perdamaian (studi putusan nomor: 1/pdt.g.s/2017/pn. blg)”, jurnal hukum kaidah media komunikasi dan informasi hukum dan masyarakat, volume :18, nomor : 3 issn online : 2613-9340 issn offline: 1412-1255, pp. 108-109. 12 ismiyanto, 2018, “penyelesaian kredit bermasalah melalui gugatan sederhana berdasarkan peraturan mahkamah agung (perma) no. 2 tahun 2015 tentang tata cara penyelesaian gugatan sederhana”, jurnal spektrum hukum, vol. 15/no. 2. small claim court as the alternative of bad credit settlement 148 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) its terms. when the losing party fails to carry out the decision freely by submitting a request for execution to the head of the district court, for example, execution must be carried out by the winning party. the request for execution is the basis for issuing a warning or aanmaning.13 through a small claim court, article 31 paragraph 2(a) of the supreme court regulation of 2019 enables the judge to issue a security decision no later than 7 (seven) days after receiving the execution request letter. the decision is to be complied with in line with the provisions of the applicable civil procedural law. the court registrar examines the conservatoire confiscation first on the property of the execution defendant. this is because, based on article 17 a of the 2019 supreme court regulation, the judge is authorized to implement a security confiscation on the defendant’s property, such as a credit guarantee object. in line with the provisions of article 197 paragraph (1) of hir, confiscation is first carried out on movable goods. however, when these goods are unavailable or insufficient, then immovable goods are utilized. security confiscation is carried out by order of the judge before or during the examination process, and for the confiscation, the judge makes a letter of determination. confiscate guarantee is carried out by the registrar or bailiff accompanied by 2 (two) district court employees as witnesses. before determining the application for a confiscation guarantee, the judge is obliged to pay attention to the following matters: 1) ensure that confiscation is only carried out on the defendant’s property or goods. an instance is in the case of revindicatoir confiscation of certain movable goods belonging to the plaintiff in the hands of the defendant, after first hearing the statement in accordance with article 227 paragraph (2) hir and article 261 paragraph (2) rbg) 2). supposing the confiscation is a plot of land with or without a house, it needs to be registered in line with the provisions in article 227 paragraph (3) jo. article 198 hir / article 261 jo. article 213 and article 214 rbg. 3) the confiscated land need to be already registered (certified) at the village office of the national land agency. 4) the confiscated goods must clearly belong to the plaintiff, and the process needs to be carried out in a revindicatoir manner, and remain in possession 13 sri hartini, setiati widihastuti, and iffah nurhayati, 2017, execution of judge’s decision in civil dispute at the sleman district court, journal of civics volume 14 number 2, october 2017, p. 133 p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 149 of the village head or stored at the district court office. for further implementation, a report is made, while the head of the district court issues an order for an execution auction, which is addressed to the registrar or bailiff and in its implementation is assisted by djkn cq kpknl (state property and auction service office) by following the procedures as stipulated in the auction regulations. in situations whereby the confiscation of the guarantee is not carried out, and peace is reached between the two litigants, the implementation must be lifted (risdianto 2020).14 this is in line with the regulation of the director-general of state assets number 2/kn/2017 concerning technical instructions for auctioning applications originating from district court decisions and small claim court through the using article 6 number 2, namely through court execution auctions. the existence of guarantees in credit transactions at banks is regulated in material guarantee institutions in law number 10 of 1998 concerning banking in article 8 paragraph (1). the law stated that banks are required to have confidence based on in-depth analysis of the intention with the ability of the debtor customer to pay off the debt or return the financing according to the agreement. this law is in accordance with the sharia principles in providing credit or finance. the principle regulated in the article shows a theory called “the five c’s of credit,” where one of the elements is “collateral,” which is a guarantee given by the debtor for the risk received by the creditor on issued funds (setiono 2018). d. appeal stage according to article 21 of the 2019 supreme court regulation, the legal effort for a simple decision is to file an objection. application stage of objection consists of a list submitted to the head of the district court no later than 7 (seven) days after the decision is read or received. this is also done by signing the deed of statement of objections before the registrar along with the reasons and filling in the form of the application for objection. the registrar’s office receives and checks the completeness of the objection application 14 risdianto , (2020), study on the implementation of perma no. 4 of 2019 concerning amendments to perma no. 2 of 2015 concerning procedures for settlement of simple lawsuits, thesis submitted to fulfill duties and complete requirements for obtaining a bachelor’s degree in legal studies,. p. 45 small claim court as the alternative of bad credit settlement 150 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) file and is accompanied by a memorandum of objection made by the applicant. notice and memorandum of objections are submitted to the respondent of objection within 3 (three) days after receiving the application. the respondent submits the counter memory of objection to the head of the district court no later than 3 (three) days after notification of the objection. after the application file is declared complete, the head of the district court appoints a panel of judges led by a senior judge to examine and decide upon the application for objection. the panel of judges examines objections which are carried out based on the decision and the lawsuit filed as well as the application and memorandum of objection, and the counter memory of objection. in the examination of this objection request, the judges panel did not carry out additional examinations. this is different from the appeal at the high court, where the judges panel at the high court as a judex factie carry out additional examinations despite the lack of examination at the first level court. the decision on the petition for objection is pronounced no later than 7 (seven) days after the determination date of the panel of judges by the head of the district court. the decision on the objection request is the same as the previous decision, and the parties need to be notified no later than 3 (three) days after the decision on the objection is made. this decision on the application for objection, other legal remedies such as appeal, cassation, and review cannot be made because it has permanent legal force, therefore, it is carried out voluntarily.15 the decision on a small claim court with a legal force is still carried out voluntarily by the parties. however, in situation whereby the parties do not comply, the decision is carried out based on the civil procedure code, namely through the assistance of the district court to execute.16 small claims court is a court that conducts a trial and renders a binding judgment which can be enforced like any other judgment. although small claims court can be less formal and less strict 15 subekti, r. (2016). kebijakan pemberian ganti kerugian dalam pengadaan tanah bagi pembangunan untuk kepentingan umum. yustisia jurnal hukum, 5(2), 376-394. 16 arman tjoneng, small claim court ss supreme court breakthrough in resolving cases in court and its problems faculty of law, maranatha christian university, indonesia, p. 101, (available from: https://www.researchgate. net/publication/323340197_gugatan_sederhana_as_terobosan_mahkamah_agung_dalam_menyelesaikan_ penumpukan_perkara_di_pengadilan_dan_perjualan [accessed may 17 2021]. p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 151 when it comes to admitting evidence, the judgment of the court is as strong as anything else provided by the judicial system. a victim might resolve his case in other ways, however. one method of doing so is the promissory note, with or without an installment payment plan. the defendant would sign the note and then make the payment when required, or make the periodic (i.e., monthly) payments on or prior to the due dates. the note might or might not require the defendant to also pay interest. a google search for promissory notes will reveal a wide range of choices. care must be taken to select the right one; an attorney should be consulted if you are not sure. there are advantages and disadvantages to resolving a case through the use of a promissory note. the main advantage is that the parties do not have to go to court, and the proceedings do not have to be public. a key advantage to the victim is that, if the defendant fails to pay as required, the defendant will have virtually no chance of getting out of the obligation if and when the victim file suit on the promissory note. from the defendant’s point of view, the key advantage would be that he can make installment payments; a secondary advantage would be that there will be no court judgment against him unless of course he defaults. a second method is to require the defendant to confess judgment, meaning that he is stipulating to the entry of a judgment against him. often the confession of judgment will be used to back up an installment payment arrangement. in other words, the confession of judgment will serve the function of the victim’s security in the event that the defendant fails to make an installment payment as promised; if the defendant fails to make a payment as required, the confession of judgment would then be filed with the court, but not until then. the advantage to the victim is that he does not have to go to court at all to get his judgment, which would be the case if only a promissory note were used. the advantage to the defendant is that he can make installment payments, and there would be no court judgment against him unless he defaults. d. conclusion small claims court is a court that conducts a trial and renders a binding judgment which can be enforced like any other judgment. although small small claim court as the alternative of bad credit settlement 152 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) claims court can be less formal and less strict when it comes to admitting evidence, the judgment of the court is as strong as anything else provided by the judicial system. the bank and the customer both gain from a small claim court, as evidenced by some district courts where the bank dominates the submission. this lawsuit expedites the plaintiff’s credit settlement in bad credit situations with a case value of less than $500 million. the court execution auction procedure uses microloans and auctions to carry out forced executions. furthermore, the customer benefits since it avoids interest arrears, which are accumulating as a result of the prolonged settlement of cases while using traditional legal methods. a minor claim court in indonesia, on the other hand, remains an option or alternative for the community. in simple circumstances, it has not become a duty or a requirement. references anon. 2018. “kebebasan bank dalam memilih lembaga penyelesaian kredit macet di indonesia.” lex privatum 6(1). ariani, nevey varida. 2018. “gugatan sederhana dalam sistem peradilan di indonesia.” jurnal penelitian hukum de jure 18(3). arifin, r. (2020). crimes and society, how do the law respond to disruptive conditions?. law research review quarterly, 6(1), i-iv. arifin, r. (2020). legal reform discourse in indonesia and global context: how does the law respond to crime. journal of law and legal reform, 1(2), 193-196 asrun, a. muhammad. 2004. krisis peradilan: mahkamah agung di bawah suharto. jakarta: elsam. court, county. 2021. case tracking information system. central jakarta. court, supreme. 2019. “supreme court case data statistics.” retrieved january 10, 2020 (https://leip.or.id/statistik-data-perkara-mahkamah agung/,). darmawati, d., and a. zainuddin. 2015. “penerapan keputusan verstek di pengadilan agama.” al-mizan 11(1). harahap, m. yahya. 2009. ruang lingkup permasalahan eksekusi hukum perdata. jakarta: sinar grafika. p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 153 hartini, sri, setiati widihastuti, and iffah nurhayati. 2017. “eksekusi putusan hakim dalam sengketa perdata di pengadilan negeri sleman.” jurnal civics: media kajian kewarganegaraan 14(2). ismiyanto. 2018. “penyelesaian kredit bermasalah melalui gugatan sederhana berdasarkan peraturan mahkamah agung (perma) no. 2 tahun 2015 tentang tata cara penyelesaian gugatan sederhana.” spektrum hukum 15(2). laras asri dwi permatasari. 2019. “prosedur dan pelaksanaan kartu kredit nasabah bank bri cabang waru sidoarjo,.” perbanas school of economics surabaya. mertokusumo, sudikno. 2006. hukum acara perdata indonesia, edisi keenam, 2006, pg.175. 6th ed. yogyakarta: liberty. noor, tajuddin. 2019. “analisis hukum terhadap penyelesaian sengketa hutang piutang melalui akta perdamaian (studi putusan nomor: 1/ pdt.g.s/2017/pn. blg).” jurnal hukum kaidah: media komunikasi dan informasi hukum dan masyarakat 18(3). pratiwi, dyah ayu. 2016. “penyelesaian hukum oleh bank terhadap nasabah kartu kredit yang wanprestasi.” brawijaya. risdianto. 2020. “kajian pelaksanaan perma nomor 4 tahun 2019 tentang perubahan atas perma nomor 2 tahun 2015 tentang tata cara penyelesaian gugatan sederhana.” saputri, lisma resky. 2019. “legal analysis of bad credit cases at bank rakyat indonesia majene branch no. : 35/pdt.g.s/2018/pn.mjn.” university of west sulawesi. setiono, gentur cahyo. 2018. “jaminan kebendaan dalam proses perjanjian kredit perbankan (tinjauan yuridis terhadap jaminan benda bergerak tidak berwujud).” transparansi hukum 1(1). steven weller, john c ruhnka, and john a. martin. 1990. american small claim courts. edited by c. whelan. oxford: ckndompres. supreme court. 2016. statictics. supreme court. 2020. statistics. susatyo, rakhmad. 2011. “aspek hukum kredit bermasalah di pt. bank international indonesia cabang surabaya.” dih: jurnal ilmu hukum 7(13). small claim court as the alternative of bad credit settlement 154 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) tejomurti, kukuh. 2017. “pertanggungjawaban hukum yang berkeadilan terhadap aparatur pemerintah pada kasus pengadaang barang dan jasa.” dialogia iuridica: jurnal hukum bisnis dan investasi 8(2). tjoneng, arman. 2017. “gugatan sederhana sebagai terobosan mahkamah agung dalam menyelesaikan penumpukan perkara di pengadilan dan permasalahannya.” dialogia iuridica: jurnal hukum bisnis dan investasi 8(2). tracy, karen, and mary caron. 2017. “how the language style of small claims court judges does ideological work.” journal of language and social psychology 36(3). yunanto, yunanto. 2019. “menerjemahkan keadilan dalam putusan hakim.” jurnal hukum progresif 7(2). vidmar, n. (1984). the small claims court: a reconceptualization of disputes and an empirical investigation. law and society review, 515-550. p. pujiyono, u. m. pati, p. pranoto, & k. tejomurti urgency of legal aspects in management of featured products indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 97 urgency of legal aspects in management of featured products as an effort to empower communities in the campus circle area martitah2, dewi sulistianingsih3*, saru arifin4 1,2,3 faculty of law, universitas negeri semarang, indonesia corresponding author: d. sulistianingsih, email: dewisulistianingsih21@mail.unnes.ac.id abstract: the strategy of strengthening a competitive domestic economy supported by agricultural development is a strategy that is close to the countryside. pakintelan is a village located in gunungpati district, semarang city. the vast area of the pakintelan village is a capital or asset for the people of pakintelan to make a living because most of the people of pakintelan are farmers and traders. the purpose of this program is to identify the legal aspects in the management and marketing of superior products in pakintelan gunungpati semarang. the method used in this program in addition to socialization, also carried out observation and documentation of existing resources. this paper confirms that strengthening the legal aspects in the management and marketing of superior products in indonesia, especially in pakintelan, semarang, central java, is becoming very important in the midst of globalization and industrial growth. strengthening these legal aspects must also be supported and carried out by various elements of society including the sword community and the community around the semarang state university campus which is one of the target markets in the pakintelan community's small business. keywords: campus circle area; empower communities; legal aspects; protection how to cite: martitah, m., sulistianingsih, d., & arifin, s. ‘urgency of legal aspects in management of featured products as an effort to empower communities in the campus circle area.’ indonesian journal of advocacy and legal services, 1(1), 97-106. doi: 10.15294/ijals.v1i1.33699 indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 1 (2019): 97-106 doi: 10.15294/ijals.v1i1.33699 submitted: 21 august 2019 revised: 1 september 2019 accepted: 15 september 2019 martitah, d. sulistianingsih, & s. arifin. 98 indonesian journal of advocacy and legal services, vol. 1 no. 1 2019) a. introduction indonesia is a country rich in natural resources but it cannot be denied that indonesia has lagged in several fields. the lags are in the fields of technology, industry, infrastructure, skills (ability), intellectual property, economy, etc. indonesia's backwardness in these fields has become the government's priority in realizing prosperity and stability in indonesian society. existing natural resources are well managed and intended for the welfare of the people of indonesia. the government of indonesia is making efforts to improve the welfare of the people. the government's efforts to carry out development or improve people's welfare by removing subsidies and diverting subsidies for infrastructure, social and education development. in addition, the government also carried out strategies to improve the welfare of the community by: (1) accelerating the improvement of the welfare of the poor; (2) improving the quality of indonesia's human resources; (3) strengthening bureaucratic and legal reforms and strengthening democracy and national security; (4) strengthening the competitive domestic economy supported by agricultural, infrastructure and energy development; (5) improvement of management of natural resources and the environment. the strategy of strengthening a competitive domestic economy supported by agricultural development is a strategy that is close to the countryside. pakintelan is a village located in gunungpati district, semarang city. the population in the pakintelan village as of march 2018 is 5275 people. the area of pakintelan is ± 274,808 ha, consisting of: (1) paddy land ± 141,755 ha; (2) yard / building ± 123,914 ha; (3) land for public facilities ± 1695 ha. the vast area of the pakintelan village is a capital or asset for the people of pakintelan to make a living because most of the people of pakintelan are farmers and traders. farming is the main work of the native people of pakintelan village. the presence of semarang state university made the pakintelan village one of the campus circumference areas that had its own impact on the people of the pakintelan village. pakintelan people generally do cassava farming. cassava is an easy plant to grow. cassava is a tuber plant that can grow in the pakintelan district and is commonly found in the pakintelan area. common problems in cassava cultivation in pakinetelan are low productivity and income. low productivity because cassava cultivation technology has not been implemented well. low income is due to farmers not diversifying the product, which is sold is the original cassava cassava urgency of legal aspects in management of featured products indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 99 processing is not carried out. processing cassava into a superior product of semarang city will have a higher attractiveness and sale value. cassava processing can be done into gethuk, cassava chips, or other foods that have cassava-based ingredients. the logical consequence for semarang state university to participate in observing pakintelan village as a campus circumference area. one of the concerns and contributions of semarang state university is to empower people around the campus. changes and impacts are very clearly seen, including for the village of pakintelan. ginanjar (1996: 145) empowerment is an effort to build power by encouraging, motivating, and raising awareness of the potential it will have and striving to develop by strengthening the potential of the community. most of the people in pakintelan village are farmers and traders and the community has grown traditionally. the limited quality of small business human resources both in terms of formal education and knowledge and skills is very influential on the management of business management for life, so that the business is difficult to develop optimally. pakintelan community whose main occupation is farmers and traders, after the presence of semarang state university shifted. most sell land which is generally used for farming or farming. selling their land to migrants for housing or just investment. such conditions need to be considered because in the future the native people of pakintelan will be driven from their land and replaced with migrants. the work of the pakintelan community has also changed and many are no longer farmers but turn into odd jobs or prefer to work at semarang state university. empowerment carried out in the community is not spared in terms of legal aspects, where the law has a role to protect the community. legal aspects related to empowerment are trade law and company law. the issues raised are: (1) what is the legal aspect of community empowerment in the village of pakintelan in processing superior products? (2) what are the obstacles in empowering the people of pakintelan village in processing superior products and what is the solution? b. method the community service method is carried out in stages, namely by identifying problems in the village of pakintelan, identifying and carrying out empowerment activities by conducting socialization (introducing the law) and conducting training. the method of implementing community martitah, d. sulistianingsih, & s. arifin. 100 indonesian journal of advocacy and legal services, vol. 1 no. 1 2019) service activities is carried out in stages, namely by identifying problems, conducting empowerment activities by conducting trainings. the design of activities can be seen in table 1. table 1 methods of implementing community service no activities approach method partners participation evaluation 1 identification of problems survey and indept interview cooperation in identifying problems arranged systematically the problems raised 2 identification and inventarization of farming areas survey and indept interview giving data data base 3 designing empowerment activities by conducting socialization and conducting training survey and indept interview participation in activities systematically structured legal and economic empowerment activities 4 designing evaluation activities evaluation participation on evaluation process overall activity source: authors analysis c. result and discussion according to the trademark law is a name, symbol, sign, design or combination thereof to be used as the identity of an individual, organization or company on goods and services owned to distinguish it from other service products. brand characteristics play a very important role in determining whether a customer decides to trust a brand or not. based on interpersonal trust research, individuals who are trusted are based on reputation, predictability, and competence. the term superior potential of the region is interpreted differently by various groups, giving rise to different perceptions among policy makers in the region. in general, regional superior potential can be in the form of commodities or products that have the potential to be developed into superior areas (hendra, et al, 2017: 113-114). developing superior products provides many benefits for the area. this superior product will provide benefits in optimizing existing resources and be able to provide knowledge of a material that has more economic value. in addition, the presence of a urgency of legal aspects in management of featured products indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 101 superior product can lead to the potential for economic improvement of the community of the region (jufriyanto, 2019: 28). the development of superior products in the area around the campus is carried out by universitas negeri semarang as a form of moral responsibility to build a better region. pakintelan village is one of the campus ring areas that get attention to develop superior products. 1. legal aspects of community empowerment in pakintelan village in processing featured products legal aspects related to community empowerment in pakintelan village in processing featured products are carried out by analyzing based on swot analysis (strengths, weaknesses, opportunities, and threats). swot analysis or also known as situation analysis is an analysis to identify various factors systematically to formulate a strategy or policy in an economic sector. this analysis is based on logic that can maximize strengths and opportunities, but simultaneously can minimize weaknesses and threats. in carrying out the process of making strategic decisions always related to the development of mission, goals, strategies and wisdom. thus strategic planning (strategic planning) must analyze the strategic factors that are owned (strengths, weaknesses, opportunities and threats) in the current conditions (nano, 2012: 137). this analysis seeks to see comprehensively about the empowerment of the people of pakintelan in processing superior products, empowerment is focused on legal empowerment, although it will not be separated from the economic side. existing strengths, namely: (1) ease in obtaining raw materials (cassava); (2) the availability of productive workforce; (3) the level of education is relatively quite educated; (4) amount of available manpower; (5) leaders (lurah pakintelan) who are open and supportive. weaknesses (weaknesses), namely: (1) the absence of processing raw materials (cassava) into various kinds of processed; (2) there are capital difficulties; (3) not trained workers for processing; (4) the absence of good management in trying. the opportunities that exist are: (1) the available market share; (2) there is assistance and guidance from universitas negeri semarang; (3) raw materials will continue to be available regardless of the worst natural conditions; (4) processed business is in high demand by the community. while the threats (threads) that exist are: (1) processed cassava that has been widely circulated; (2) the number of other business actors who are martitah, d. sulistianingsih, & s. arifin. 102 indonesian journal of advocacy and legal services, vol. 1 no. 1 2019) active in the field of cassava preparations; (3) the number of business actors who have capital and have long tried in processed cassava. the swot analysis provides an illustration for the village of pakintelan to be able to do cassava processing business which is a superior product of the village of pakintelan. starting and developing is the first thing to do. management will be carried out after the establishment of business actors that will carry out the production of food preparations. continue to innovate products, especially from the type and taste because cassava can generally be processed with a variety of snacks and cakes. training continues to be done in stages and assistance is carried out to support the sustainability of the community empowerment in the village of pakintelan. encourage business people to attend training, seminars and open new market shares. the legal aspect can be applied by carrying out the legality of the business to be built. legality is very important for business actors both in developing their business and in getting capital from creditors. because with the legality that is fulfilled, it will increase trust for creditors. capital is one of the main factors for establishing an industry, because without the availability of capital, the production activities of an industry will be hampered. industrial owners in starting their businesses mostly use capital with their own money or their own capital (yusriyansah, 2012). 2. empowering the community of pakintelan village in processing featured products: obstacles and solution the government has stipulated presidential regulation number 98 of 2014 concerning licensing for micro and small businesses that aims to provide legal certainty and means of empowerment for micro and small business actors (pelaku usaha mikro dan kecil, pumk) in developing their businesses. in addition, in arranging iumk procedures after leaving perpres it becomes simpler, easier, and faster so that it is profitable for businesses. the objectives of the iumk regulation are for micro and small businesses to: (a) obtain certainty and protection in trying to establish a designated location; (b) getting assistance for business development; (c) getting easy access to financing to bank and non-bank financial institutions; and (d) getting facilities for empowerment from the government, regional government and / or other institutions. through these regulations the government can be known to have a high seriousness to empower the community. community empowerment programs become something important to be developed in accordance with the socio-cultural community, based on strategies and adaptation patterns urgency of legal aspects in management of featured products indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 103 developed by surrounding communities. the social planning model also applies as a whole, so that there is a synergistic chain of activity from various parties (andi, 2010: 43). opportunities for small businesses to be able to develop their businesses. for the pakintelan community there is an opportunity to create a small business processing superior products and get empowerment from the government. empowerment is carried out with a variety of strategies both in production strategies, as well as in marketing strategies. obstacles in empowering pakintelan village are: (1) lack of legal knowledge about business legalization; (2) lack of skills and training related to processed superior products; (3) lack of knowledge about management in doing business; (4) lack of understanding or knowledge to obtain capital sources. to overcome these obstacles need a strategy in overcoming them. the strategy for developing superior product marketing can be carried out by: (1) carrying out marketing research and studies; (2) disseminating market information; (3) improve management skills and marketing techniques for business people; (4) providing appropriate marketing tools. the strategy of activities to be carried out in the empowerment of law and economy of the campus circle area can be formulated as follows: a. improving legal and economic education through the provision of alternative educational facilities and their maximum utilization. b. increased skills through the provision of skills training facilities and active and creative skills training. c. empowering economic business development through training in economic business development. after the strategy is carried out it is necessary to evaluate the strategy. the success of community empowerment efforts is not only seen from the increase in community income, but also other important and fundamental aspects. some aspects that need attention in community empowerment include (ravik, 2001: 122): (1) the development of community organizations/ groups that are developed and function in dynamizing the productive activities of the community. (2) development of strategic networks between groups /community organizations that are formed and play a role in community development. (3) the ability of community groups to access outside sources that can support their development in the field of market information, capital, and technology and management, including the ability of economic lobbying. (4) guarantee of community rights in managing local resources. (5) development of technical and managerial capabilities of community groups, so that various technical and organizational problems martitah, d. sulistianingsih, & s. arifin. 104 indonesian journal of advocacy and legal services, vol. 1 no. 1 2019) can be solved properly. (6) fulfillment of living needs and increasing the welfare of their lives and being able to guarantee the preservation of the carrying capacity of the environment for development. d. conclusion the campus circumference area is the area that is around (close to) the universitas negeri semarang campus. as a manifestation of the concern of universitas negeri semarang, empowerment needs to be done in terms of the knowledge possessed by experts at semarang state university. law as part of science has an important role in empowering people especially in the community around the campus. empowerment is done through a legal and economic approach. the pakintelan village area is one of the campus circumference areas that have unique characteristics and traditional communities. legal empowerment is carried out by introducing law and socialization in stages for the purpose of increasing legal awareness and insight in the community around the campus. the economic aspect is related to the superior product that will be developed by the pakintelan village. the superior products to be developed are products made from cassava (agricultural products from the pakintelan region). e. acknowledgments we would like to express our thankfulness to all parties involved on this research and program, as well as to all pakintelan residents. we would like also to thanks to all faculty members of faculty of law, universitas negeri semarang, dean, and all vice deans. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. g. funding program of the community services and research funded by faculty of law, universitas negeri semarang on scheme of grants for community service program for lecturers of 2019. urgency of legal aspects in management of featured products indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 105 h. references ginanjar. 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(2012). karakteristik pengusaha industri keripik tempe berbasis produk unggulan di kota malang. fakultas ilmu sosial universitas negeri malang (um). martitah, d. sulistianingsih, & s. arifin. 106 indonesian journal of advocacy and legal services, vol. 1 no. 1 2019) quote alone, we can do so little; together, we can do so much helen keller copyrights © 2019 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 275 implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right to restitution avelia rahmah y. mantali faculty of law, universitas negeri gorontalo, indonesia corresponding author: avelia@ung.ac.id abstract: the fulfillment of the right of restitution (compensation) for child victims of criminal acts is regulated in article 71 letter d of law number 35 of 2014 concerning child protection. in order to make it easier for victims of criminal acts to get compensation without having to go through the usual civil lawsuit process, the state provides a way through merging cases of compensation claims to criminal cases regulated in articles 98-101 of the criminal procedure code. in fact, the fulfillment of the right of restitution as stated in the provisions has never been applied to children who are victims of the crime of sexual intercourse. study this aim for analyze implementation protection law to child victim criminal intercourse reviewed from fulfillment right refund and find formulation draft protection expected law _ capable give protection law through fulfillment right restitution in the future come . study this use method study juridical normative, with approach laws and approaches case. results of research this are: 1) protection law in form fulfillment right victim restitution, especially in the gorontalo district court in practice not yet implemented with good. this thing because the victim does not know right in article 98 of the criminal procedure code, and the lack of settings as well as authority apparatus enforcer law in determine amount loss of nature immaterial. 2) for realization fulfillment right optimal victim restitution, provisions about existing restitution _ in law witness and victim protection should pour in the draft criminal procedure code so that there are harmony settings about procedure submissions and other provisions regarding restitution. the draft criminal procedure code must also load power force for defendant for pay change make a loss against victims’ maximum protection law against the victim through fulfillment right the restitution. keywords: juvenile justice, child protection, intercourse crime, restitution, criminal justice system issn: 2686-2085 (print) issn: 2686-2611 (online) vol. 4 no. 2 (2022): 275-294 doi: 10.15294/ijals.v4i2.59959 submitted: 28 may 2022 revised: 18 july 2022 accepted: 25 september 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. how to cite: mantali, avelia rahmah y. “implementation of legal protection for child victims of the crime of sexual intercourse in terms of the fulfillment of the right to restitution”. indonesian journal of advocacy and legal services 4, no. (2022): 275-294. https://doi.org/10.15294/ijals.v4i2.59959. mailto:avelia@ung.ac.id http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ https://doi.org/10.15294/ijals.v4i2.59959 mantali 276 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) a. introduction child is part from generation young as one source power the human who is potential and successor ambition struggle nation, which has role strategic and have features and characteristics special, require construction and protection in skeleton ensure growth and development physical, mental and social by whole, harmonious, and balanced.1 protection to child is right basic must obtained child. related with thing in this case, article 27 paragraph (1) of the 1945 constitution stipulates that that every citizen at the same time his position in law and government and mandatory respect law and government that with no there is except. statement from chapter the show not there is difference position inside law and government for all citizen, fine women, men, adults and children in get protection law. problem protection law to child, no just problem right basic human, but larger again is problem enforcement law.2 chapter 1 number 2 law number 35 year 20 14 concerning child protection determines that: “protection child is all activity for guarantee and protect children and their rights so that they can live, grow, develop, and participate optimally fit with honor and dignity humanity, as well as get protection from violence and discrimination.” activity protection child bring consequence law, ok in relation with law written nor no written. law is guarantee for activity protection child. arif gosita put forward that certainty law need strive for survival activity protection children and prevent the deviation that brings negative consequences that are not wanted in implementation protection child.3 considering the facts, in the jurisdiction there are many gorontalo district courts found cases violence and sexual crimes against children. based on data that has been obtained author on 2017 recorded there is 20 case intercourse to child, year 2018 8 there is 4 cases, in 2019 there were 5 cases, in 2020 4 cases, and in 2021 there were 2 cases of the same. 1 maidin gultom, legal protection of children in the child criminal justice system in indonesia (bandung: refika aditama, 2006). 4 2 maidin gultom, legal protection of children and women (bandung: refika aditama, 2012). 13 3 gultom, legal protection of children in the child criminal justice system in indonesia . 33 legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 277 crimes of decency in general are acts or actions that violate decency that intentionally damage decency and are not at the will of the victim, namely by coercion and through threats of violence. actions that can be categorized as actions that can violate decency are intercourse. as in the opinion of abdul wahid and muhammad irfan explaining that the problem of sexual violence (copulation is a form of crime that harasses and tarnishes human dignity, and should be categorized as a type of crime against humanity or decency.4 in the opinion of dewantara agung nanda, he said that at the stage of examining victims of crimes such as victims of sexual intercourse or rape, they did not pay attention to the victims' human rights. meanwhile, at the stage of imposing the judge's decision, the victim was again disappointed because the verdict handed down on the perpetrator was quite light or far from paying attention to the rights of the child.5 according to r. soesilo that acts of sexual intercourse are all acts that violate decency (politeness) or vile actions, all of which are in the environment of sexual lust, for example kissing, groping the genitals, groping the breasts, and so on. in general, the victims in this case of sexual intercourse are children. it is appropriate for law enforcement officers to provide legal protection to victims such as restitution as well as retribution and compensation to victims of human rights violations such as victims of sexual abuse so that legal processes do not overlap but create a just law.6 in addition to the victim must also suffer by psychic , traumatized, got a label from public as woman who has no holy , he is also burdened with cost nurse the content until childbirth, then possibility cost for raise child , and maintenance his health permanent becomes the responsibility so that the importance settings criminal in the form of gift restitution in something regulation legislation in order to have nature imperative or force (must) for perpetrator for permanent responsible on his deed to the victim as the aggrieved party , isn't it ? only as citizens who violate something rule certain. then, already should replace make a loss upgraded status as criminal 4 abdul wahid. muhammad irfan, protection of victims of sexual violence (advocacy for women's human rights) (bandung: refika aditama, 2001). 2 5 andre gunawan and ridwan ridwan, “legal protection against children victims of forced sexual intercourse perpetrated by children (case study : decision number 13/pid.sus-anak/2019/ pn.srg) ” yustisia tirtayasa: journal of final project 1, no. 2 (november 22, 2021): 14–23, https://doi.org/10.51825/yta.v1i2.11966. page 17 6 gunawan and ridwan. mantali 278 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) additional (adjacent with criminal basically) with thereby protection against the victim in a deeper sense large could accommodated.7 futthermore, the restitution to child victim criminal sexual now has set in article 71d of the law number 35 of 2014 concerning changes to the law number 23 of 2002 concerning child protection, namely: (1) every child who becomes a victim as meant in article 59 paragraph (2) letter b, letter d, letter f, letter h, letter i, and the letter j is entitled submit to court in the form of right on restitution that becomes not quite enough answer perpetrator crime. (2) provision more carry on about implementation restitution as referred to in paragraph (1) is regulated with regulation government. everyone who experiences loss caused something act criminal, for get right restitution and for make it easier for the person, the state provides street for get change loss without must through the lawsuit civil normal, but with through merging case lawsuit change loss to case regulated crime in article 98 of the book of the criminal code ( kuhap ), namely: (1) if an act that forms the basis of an indictment in an examination of a criminal case by a district court causes harm to another person, then the presiding judge of the trial at the request of that person may decide to combine the lawsuit for compensation in the criminal case. (2) the request as referred to in paragraph (1) can only be submitted no later than before the public prosecutor files a criminal charge. in the event that the public prosecutor is not present, the request is submitted no later than the judge renders a decision. furthermore, the country is increasingly given room for victims of crime criminal for get right get change make a loss with more reach _ large with secrete constitution number 13 of 2006 concerning protection of later witnesses and victims replaced with constitution number 31 of 2014 concerning change on constitution number 13 of 2006 concerning protection of witnesses and victims. the same is also arranged in article 7 letter a of 7 barda nawawi, problems with law enforcement and criminal law policy in crime prevention (jakarta: kencana prenada media group, 2007). 64 legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 279 the law number 31 of 2014 concerning protection of witnesses and victims, namely: (1) victims of criminal acts are entitled to restitution in the form of: a. compensation for loss of property or income; b. compensation caused by suffering directly related as a result of a criminal act; and/or c. reimbursement of medical and/or psychological treatment costs. (2) the criminal act as referred to in paragraph (1) is determined by the decree of the witness and victim protection agency (lpsk). (3) the submission of a request for restitution can be made before or after a court decision that has obtained permanent legal force through lpsk. (4) in the event that the application for restitution is submitted before a court decision that has obtained permanent legal force, lpsk may apply for restitution to the public prosecutor to be included in its claim. (5) in the event that the application for restitution is submitted after a court decision has obtained permanent legal force, lpsk may apply for restitution to the court for a determination. (6) in the event that the victim of a crime dies, restitution is given to the victim's family who are the heirs of the victim. provision more carry on about implementation gift restitution against the victim is also arranged in article 20 regulation government number 44 of 2008 concerning giving compensation, restitution and assistance to witnesses and victims that: (1) victims of crime have the right to receive restitution. (2) the application to obtain restitution as referred to in paragraph (1) shall be submitted by the victim, family, or their proxies with a special power of attorney. (3) (2) the application to obtain restitution as referred to in paragraph (2) shall be submitted in writing in indonesian on paper with sufficient stamp duty to the court through lpsk. however, it turns out many problem happened in implementation provision change make a loss for victims of crime crime, in particular act criminal intercourse to child, well arranged in the criminal procedure code and in constitution protection of witnesses and victims. as previously mantali 280 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) explained, in terms of protection for victims, especially victims' rights to obtain restitution from perpetrators of criminal acts, the criminal procedure code has provided a mechanism for combining claims for compensation in articles 98-101. in reality, things this seldom very applied even almost no once because constrained in thing role apparatus enforcer law in this case, the public prosecutor (jpu) still not yet maximum in realize or help victims to know and use right restitution with at best. this thing proven from amount things that have powerful law still the author gets it at the gorontalo district court, for all case act criminal intercourse to child from year 2 017 until year 2021 no there is things done _ merging lawsuit change loss (claim) right restitution). this means article 98101 of the criminal procedure code regarding merging lawsuit change loss not optimally utilized by the victim. if still many people who haven't know will right restitution that, of course role apparatus enforcer law (jpu) as representative from the victim in the judicial process criminal law is urgently needed so that the rights of victims of crime criminal could fulfilled with good. apart from that, replace the loss that was given turned out to be only to loss of nature material. judge 's decision only limited about decisive acceptance replacement costs that have been issued by the aggrieved party. this is means big change loss just as big as amount loss real or loss material course, outside loss real, like loss that is immaterial, no could submitted in merging case. compensation of a nature immaterial only could submitted with procedure lawsuit civil proceedings convoluted. same thing with provision about existing restitution in law number 31 of 2014 concerning protection of witnesses and victims. if observed with carefully terms about restitution this still contain amount problem. law no. 31 of 2014 indeed already accommodate a number of provisions about mechanism restitution for victims of crime the previous crime set in government regulation no. 44 of 2008 concerning the provision of compensation, restitution, and assistance to witnesses and victims so that could could said that now provision the parallel with the criminal procedure code. with so, officers enforcer law now could use mechanism arranged refund in law no. 31 of 2014 that reach restitution more many than the criminal procedure code because provision mechanism restitution the now have strength as when set in the criminal procedure code. with so form change the loss that will obtained by the victim will covers loss material and immaterial in accordance article 7a paragraph (1) of the law number 31 of 2014 concerning protection of witnesses and victims. legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 281 however, in constitution the there is a provision new one actually limit gift right restitution for victims of crime criminal law . article 7a paragraph (2) states that: that act criminal as meant in paragraph (1) is set with lpsk decision. this means right get restitution no could apply for all victims of crime criminal rights the only apply for victims of crime criminal certain that the stipulation is not clear because only declared "set" by lpsk's decision". in section explanation, verse this declared enough clear, though no there is clarity about paragraph this remember not there is provision like that in law no. 13 of 2006 and pp no. 44 of 2008. in terms of even the submission, through constitution this the process too complicated and consuming long time. that thing precisely compared to backwards with destination establishment of lpsk for protect witnesses and victims’ crime in indonesia. more carry on could said that thing the of course is setback for effort protection for victims of crime criminal. from both rule the above also not arrange about power force for perpetrator act criminal for fulfill not quite enough the answer against the victim. so, no there is meaningful sanctions if perpetrator no fulfill right victim restitution as has been decided by the judge in the trial process. existence exact setting limiting the victim crime , in particular child victim criminal intercourse to get right on restitution , of course will more good for victims of crime criminal when the officers enforcer law use mechanism arranged refund in the criminal procedure code because all victims of crime criminal could get same opportunity _ for get right on restitution . however, future rights will obtain of the process only a little compared if sued _ based on constitution number 31 of 2014 concerning protection of witnesses and victims. for that need existence harmony among second regulation so that the rights restitution for crime victim’s criminal sexual violence (intercourse). this is means that child below age could be channeled with good to use achievement protection optimal law against child that. based on the foregoing, it can be formulated the problem, namely (1) how? implementation protection law to child victim criminal intercourse reviewed from aspect fulfillment right restitution and (2) how formulation draft protection expected law capable give protection to child victim criminal intercourse in the context of fulfillment right restitution in the future. mantali 282 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) b. method this type of research is research juridical normatively , to obtain the necessary data, the authors conducted research by taking the location at the gorontalo district court, because there were sufficient data needed for the preparation of this research. the approach used in this research is the statute approach and the case approach . the legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. the data collection technique is done by interview direct against judges at the gorontalo district court , search library , reading various related literature with study this as well as browsing sites on the internet for looking for related data with research that will done . based on nature study this one uses method study character prescriptive analysis, analysis of the data used is approach qualitative to primary data and secondary data. c. results and discussion 1. implementation legal protection for child victims criminal intercourse reviewed from aspect fulfillment right restitution a. implementation fulfillment right restitution in victim perspective criminal intercourse based on the concept of parents patriae , namely the state gives attention and protection to children as parents do to their children, the handling of children who are in conflict with the law must also be carried out in the best interests of the child and based on pancasila values.8 the rise of criminal acts involving children, then a crime can be said as an act against the law as a result of not obeying what has been regulated in the law or regulations set by the government, the perpetrators of these crimes can be subject to sanctions as stipulated in the law. in it. such legal conditions result in the protection and respect of human rights in indonesia is still apprehensive which can be seen from various human rights violations, including in the form of acts of violence, discrimination, and arbitrariness.9 8 ratna pertiwi, “rights for restitution of children victims of sexual crimes,” pancasila and law review 1, no. 1 (september 10, 2020): 35–44, https://doi.org/10.25041/plr.v1i1.2039. page 37 9 ir sumirat, “legal protection of women and children victims of the crime of human trafficking,” journal of gender and child studies 3, no. 1 (2016): 19–30, https://scholar.google.co.id/citations?view_op=view_citation&hl=en&user=nv5jt34aaa aj&citation_for_view=nv5jt34aaaaj:u5hhmvd_uo8c. page 20 legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 283 the criminal procedure code's attention to victims of crime is related to the acceleration of a series of activities in obtaining compensation experienced as a result of the suspect's actions through the merger of his criminal cases and compensation lawsuits which are basically civil cases. compensation in the criminal realm is defined as an obligation imposed on people who have acted against the law and caused harm to others because of their mistakes. the complexity of the current legal problem certainly requires special attention from law enforcement officials, the government, and the community in an effort to enforce the law and overcome various criminal acts, including realizing justice and welfare for the community, especially for victims of crime. protection of victims is not only limited to providing compensation /restitution but also to restoring children's rights to be able to grow and develop and to obtain their rights in the fields of education, social and culture.10 in connection with the submission of claims for compensation in article 98-101 of the criminal procedure code, the parties need to pay attention to the following matters: 1) losses that must be inflicted by the crime itself; 2) losses caused by criminal acts or other people who suffer losses (victims) as a direct result of the crime; 3) the claim for compensation resulting from the crime was addressed to "the perpetrator of the crime" (the defendant); 4) the claim for compensation submitted to the defendant was combined or examined and decided at the same time at the examination and decision of the criminal case charged against the defendant and in the form of a decision.11 in the process of submitting merging lawsuit change make a loss naturally need share from the victim's side alone. in accordance with the author 's information get that the gorontalo district court has not once there is none the thing that demands restitution or change make a loss through article 98 of the criminal procedure code. this thing influenced by several sure thing results in article 98 of this criminal procedure code no utilized with best by the victim of the act criminal intercourse. for this reason, the author also interviewed several children who had been victims of the crime of 10 gatra yudha pramana, "claims for compensation in criminal acts to achieve justice for victims," ius poenale 1, no. 1 (2020): 39–50, https://doi.org/https://doi.org/10.25041/ip.v1i1.2066. pg 41 11 rianda prima putri sh.,mh, "implementation of the examination of the merger of compensation claims in criminal cases at the district court class 1b bukittinggi," soumatera law review 1, no. 1 (2018): 176–97, https://doi.org/10.22216/soumlaw.v1i1.3348. page 183 mantali 284 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) sexual intercourse, whose cases had permanent legal force from the gorontalo district court, with the following results: 1. k victim no utilise article 98 of the criminal procedure code for demand right restitution ( replace loss ) in particular in act criminal intercourse to child is because of the victim or party victim 's family knowing or no understand right those who exist in article 98 of the criminal procedure code. besides the victim wants the case fast done and not protracted. one the most important reason is because the victim 's family considers if they drag on in solution case that, same just with open shame family. they feel shy and not want to open shame in advance general, as well as of the victim alone there is a sense of trauma and not want to remember return incident ever experienced it. there are also victims who don't want to demand right change make a loss because the victim wants existence not quite enough answer from perpetrator for marry and not want to remember return events. 2. k victim or the victim's family is reluctant to apply for compensation because they feel that the case at hand is a family disgrace that does not deserve to be known by many people due to the long trial process if they apply for compensation, so they want the case to be completed quickly. believe in the legal process itself, because in the end the results will they get no will in accordance with what is desired , and the no will can complete and return victim 's condition beginning so that they feel apathetic to provision that. because the most important for they are perpetrator who did intercourse the get proper law on his deeds. and how method restore trust victim and repair life the child in question. b. implementation fulfillment right restitution victim at prosecution stage in the practice of criminal justice in indonesia, the interests of victims, which include losses and suffering for the crimes they have experienced, are often neglected. victims of crime are placed only as evidence, namely only as witnesses, so that the possibility for victims to gain freedom in fighting for their rights is small. the interests of victims who have been represented by the public prosecutor, in an effort to prosecute perpetrators of criminal acts, have been considered as legal protection efforts for victims and the wider legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 285 community. in reality, however, the losses suffered by the victims are neglected.12 in the conventional criminal justice process, there is restitution or compensation for victims. restitution is compensation given to the victim or his family by the perpetrator or a third party, it can be in the form of returning property, paying compensation for loss or suffering, or reimbursement of costs for certain actions. ) is an effort that the victim of a crime must be returned to its original condition before the crime occurred even though it is based on the fact that it is impossible for the victim to return to his original condition. this principle emphasizes that the form of recovery for victims must be as complete as possible and cover various aspects arising from the consequences of the crime. with restitution, the victim can be restored to his freedom, legal rights, social status, family life and citizenship, return to his place of residence, restore his job, and recover his assets.13 based on the existing laws and regulations (articles 98-101 of the criminal procedure code) the victim is given the opportunity to submit a request for a merger of compensation claims to obtain the right of restitution through the public prosecutor. in this regard, the author interviewed a child prosecutor from the gorontalo high court, with the following results: so far, there has never been a victim of a criminal act of sexual intercourse against a child who has submitted a request for a merger of claims for compensation at the prosecution stage using the provisions of article 98 of the criminal procedure code. this is based on several factors, namely: a) never handle the application for merging a claim for compensation based on article 98 of the criminal procedure code because in general the public is still unfamiliar with the provisions of article 98 of the criminal procedure code. even if anyone knows about this provision, then they know about it from legal advisors or lawyers who handle their cases. if there is no initiative or request from the victim to apply for compensation, then it will not be included in the claim. this will be processed if there is a request from the victim. b) most of the victims were satisfied with the sentence imposed on the perpetrator without any request for compensation (restitution) through the provisions of article 98 of the criminal procedure code. 12 josefhin mareta, “implementation of restorative justice through fulfillment of restitution for victims of child crime,” indonesian legislation journal 15, no. 4 (2018): 309–19. page 311 13 fauzy marasabessy, “restitution for victims of crime: an offering new mechanism,” journal of law & development 45, no. 1 (2015): 53–75, https://doi.org/10.21143/jhp.vol45.no1.9. page 55 mantali 286 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) c) if there is a victim who files a lawsuit for compensation in accordance with the provisions of article 98 of the criminal procedure code, the prosecutor will have difficulty determining the amount of loss suffered by the victim. because losses that are immaterial in nature such as the loss of chastity, self-esteem, and the future are very difficult to be assessed in nominal terms. d) there is no regulation that specifically regulates the procedures for implementing article 98 of the criminal procedure code that relates to the legal rights and interests of victims of criminal acts. law enforcement officers, especially prosecutors and judges, in practice still have difficulties in implementing these provisions. looking at some of the inhibiting factors above, in the author's opinion, the implementation of victim protection or the protection of the rights of children who are victims of the crime of sexual intercourse at this stage of the prosecution does not seem to be optimal either. based on the reasons above, apart from the main case, it means that the prosecutor will not act to merge the claim for compensation if the victim does not report the request to the prosecutor. victims of criminal acts must be active in fighting for the right to compensation independently, outside the agenda of the trial that examines and adjudicates criminal acts committed by the defendant. for this reason, the victim must first file a claim for compensation before the public prosecutor submits a criminal complaint to the court. with the victim's ignorance of their rights, this should require the sensitivity of the public prosecutor to communicate to the victim about their rights which can be pursued through incorporating claims for compensation without having to go through a civil prosecution process. victims did not take the initiative to apply for compensation because they did not know about it. therefore, the public prosecutor should use the condition of the victim as one of the indicators in proposing this matter without waiting for the initiative of the victim himself. so that the prosecutor's demands in the main case submitted to the trial will automatically represent the interests of the victim himself by pouring a request for a merger of compensation claims in it and the victim will get the right of restitution without having to file a separate claim in civil court. based on the principle of criminal procedural law itself, namely the principle of fast, simple, and low-cost justice, law enforcement officials can carry out properly. so that the performance of law enforcement institutions can get a positive assessment in the eyes of the community, and it is hoped that they will be able to reduce the burden on victims and provide legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 287 opportunities for victims to recover their condition and carry out their activities as quickly as possible as usual. c. implementation fulfillment right restitution victims at the trial stage regarding cases of criminal acts of sexual violence, law enforcement officers focus not only on punishing the perpetrators of sexual crimes, but also keep in mind that victims have rights in the form of compensation (restitution) due to the crime of sexual violence. the community and all interested parties need to also pay attention to the rights of victims of sexual violence. restitution given to victims of sexual violence crimes takes various forms, ranging from reimbursement of medical and psychological treatment costs, to assistance to victims of sexual violence in court.14 the terminology of compensation in the implementation of restitution will not be separated from the discussion of the function of the existence of compensation in the criminal procedure code which is regulated in article 98 paragraph (1), it is stated that if an act which is the basis for an indictment in an examination of a criminal case by a district court causes harm to a person. otherwise, the judge presiding over the trial at the request of that person may decide to combine the lawsuit for compensation to the criminal case. however, the arrangement in the criminal procedure code still has several shortcomings regarding the filing procedure which is not simple because the application for compensation (restitution) can only be made through a claim for compensation combined with the main examination of the criminal case. in addition, in its implementation through this mechanism, it is imperative for victims who become criminal acts to be more active in dealing with law enforcement regarding the process of filing for material compensation, in which the public prosecutor accommodates the need for compensation rights before court. however, if an application for immaterial compensation is submitted by the victim, then the judge declares that the lawsuit is not accepted ( niet on valijeke ).15 based on the data and information that the author got at the gorontalo district court, that so far or from the period 2017 to 2021 there were many 14 maria novita apriyani, "implementation of restitution for victims of sexual violence," legal treatise , vol. 17, 2021, https://doi.org/https://doi.org/10.30872/risalah.v17i1.492. page 5 15 misbahul ilham sapti prihatmini, fanny tanuwijaya, dina tsalist wildana, “submission and granting of restitution rights for children who are victims of sexual crimes,” rechtidee 14, no. 1 (2019): 108–26, https://doi.org/https://doi.org/10.21107/ri.v14i1.4768. page 120 mantali 288 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) cases of criminal acts of sexual intercourse against children who entered. however, of all the cases that came in, there was not a single victim who filed a lawsuit for compensation based on article 98 of the criminal procedure code. this was also confirmed by several judges at the gorontalo district court based on the results of the author's interview, with the results that: so far, there has not been a single case that has filed a lawsuit for compensation, especially in cases of criminal acts of sexual intercourse with children . this happened due to the victim's ignorance of the existence of article 98 of the criminal procedure code. once there was one victim who consulted about it, but the judge advised not to take steps to obtain compensation rights through article 98 of the criminal procedure code, but through civil channels or through the lpsk (witness and victim protection agency). because later the judge will find it difficult to prove and determine the amount of loss suffered by the victim. in the provisions of the criminal procedure code to determine the amount of loss there must be real evidence of the loss. meanwhile, for victims of sexual intercourse, it is very difficult to determine the amount of the loss. the thing that causes victims to be reluctant to apply for a combined claim for compensation through article 98 of the criminal procedure code, apart from their ignorance of these provisions, victims also feel ashamed because the case they are experiencing is a family disgrace that does not need to be known by many people and through protracted case resolution. -late. in addition, for follow-up on the responsibility of the perpetrator for the fulfillment of the right of restitution to the victim, there will be obstacles, namely because not all perpetrators of criminal acts are able to pay restitution to the victim. on average, perpetrators of sexual crimes, especially sexual intercourse with children, are people who are classified as financially underprivileged. when the case process (sexual intercourse with a child) starts from investigators, public prosecutors and judges, investigators can actually direct victims to use their rights to obtain restitution by preparing everything needed to prove that the victim has indeed suffered losses due to the perpetrator's actions. for example, as a result of this action the victim is no longer in school, his future is unclear, prolonged trauma, and the excessive fear he experiences. this can be used as a benchmark for calculating the losses suffered by victims. however, this of course requires a special rule that can support investigators in obtaining the authority or right to do so. another alternative that can be taken by the victim to obtain the right of restitution is through lpsk. in the structure of the lpsk, they have a legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 289 special team to measure the value of the loss suffered by the victim, which will then be submitted to the court for examination by the judge, both before the main case is decided, or after the main case is decided. this can also be used by investigators to cooperate with lpsk in assisting victims in determining the amount of losses they have suffered, especially losses of an immaterial nature. but for now, lpsk not all regions in indonesia have branches in every region. so like it or not, the victim must use article 98 of the criminal procedure code to claim compensation, or take the civil route so that the value of compensation that can be obtained can be material or immaterial. to further maximize legal protection for victims (children) of the crime of sexual intercourse, the regulation regarding the right of restitution for victims should start from the investigation stage. because the investigator is the party who best knows the ins and outs of a case that is currently in the process of being investigated. so it is they who should facilitate victims to be able to exercise their rights in obtaining restitution. because if the case has gone to court, the judge only knows to accept, examine and hear the case. therefore, investigators should be authorized by law for this purpose, and conduct socialization to the public about their rights to obtain restitution rights. so that the public will know and understand their rights and make the best use of the provisions in article 98 of the criminal procedure code. 2. policy formulation of legal protection for child victims of the crime of sexual intercourse through fulfillment of the right to restitution in the future in the further context, the victim protection in such crime, thing must first notice that is essence loss suffered by the victim. essence loss the not only is material or suffering physique just but also psychological. this thing in form of "trauma of loss "trust to society and order general". symptoms from syndrome the could in the form of anxiety, suspicion, cynicism, depression, loneliness and behavior avoidance other.16 article 98 of the criminal procedure code states that: if something the act that becomes base indictment inside _ something inspection case criminal offense in a district court that gives rise to loss for others, then the presiding judge hearing on that person 's request could set for combine case lawsuit change make a loss to case criminal. from the formula article 98 of the 16 muladi, human rights, politics and the criminal justice system (semarang: diponegoro university publishing agency, 2002). page 177 mantali 290 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) criminal procedure code can be listened to the meaning that for got it merging case this required three requirements, namely: 1. there is an action defendant. 2. there is an action defendant as condition first the must cause loss for others. 3. there are requests and parties who feel harmed to court for combine case change the loss.17 for this reason, the processes and procedures of the regulatory substance are considered to contain weaknesses. regarding these weaknesses, r. soepomo argues as follows: a. the merger system is felt to have not approached the nature of the purpose of the compensation itself; b. claims for compensation by other people who suffer direct losses or the victim's party to obtain the amount of compensation are limited only to material losses that are clearly incurred by the person who is directly harmed. so, kuhap in its provisions limits rights; c. for non-material losses, namely immaterial losses, they are forced to file again with a separate ordinary civil lawsuit, which may take a long time; d. conditions like this mean to waste the original intent of the merger itself, which aims to simplify the process; e. there are obstacles in the implementation of the problem of paying the compensation; f. immaterial compensation, the result will be nil, because the decision always states that the claim for immaterial compensation is declared unacceptable, because it is not based on law; g. the panel of judges must be careful, because it always separates between financial and immaterial losses , so that it is not efficient; h. claims for compensation in criminal cases are only assessors , and i. in every civil decision, the victim/plaintiff in the amalgamation of the compensation case always relies on the defendant or the public prosecutor, if they want to appeal, thus eliminating their right to appeal as a legal remedy.18 based on the explanation that the author has described previously, seeing the existence of one of the provisions in the law on the protection of 17 waluyo & haryo sulistyantoro, "merging lawsuits for compensation against the criminal code," liga hukum 1, no. 2 (2009): 76–84, http://eprints.upnjatim.ac.id/3276/1/2_-_waluyo_dan_haryo.pdf. page 78 18 putri sh.,mh, "implementation of the examination of the merger of compensation claims in criminal cases at the class 1b bukittinggi district court." page 184 legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 291 witnesses and victims which actually limits the rights of the victims themselves. the right of restitution that should be given to the victim for all types of criminal acts as contained in the criminal procedure code, in this law the right of restitution is limited only to certain types of criminal acts which still have to be determined again by the lpsk. so it will be very difficult to harmonize the regulations regarding requests for restitution according to the witness and victim protection act with the regulations regarding the incorporation of compensation claims in the criminal procedure code. this is because the range of mechanisms offered by the criminal procedure code is very broad, because it is not limited to victims of certain crimes, but to victims of all types of crimes. so of course its application will be preferred by victims and law enforcement officers. according to the author, rather than harmonizing the two regulations, it would be better if the provisions regarding restitution contained in the witness and victim protection law were set out in the criminal procedure code bill. k arena as law formally , the criminal procedure code becomes guidelines and references main chosen by the apparatus enforcer law in doing his job compared to provisions that exist outside the criminal procedure code. beside that, with the inclusion of restitution in the law on the protection of witnesses and victims in the draft criminal procedure code, then provision about restitution will more large scope and space scope, no limited to action criminal certain course. if provision about restitution for victims of crime criminal only set in the criminal procedure code, then will there is similarity of mechanism to implementation by the authority’s enforcer law. in order to maximize the aspect of fulfilling restitution for victims, the draft criminal procedure code must include provisions regarding coercion for perpetrators of criminal acts to pay compensation to victims of criminal acts (criminal acts of sexual intercourse). if this is not regulated in the criminal procedure code, then if the perpetrator is unable or has no good faith to pay restitution to the victim, this will not have legal consequences and will not have significant sanctions for the perpetrator. however, on the one hand, this will prevent victims from obtaining their right of restitution. therefore, the criminal procedure code needs to adopt provisions regarding coercion for perpetrators to pay restitution from a special law. in addition to adopting the provisions of law number 21 of 2007, in the event that the perpetrator is unable to pay restitution to the victim, the criminal procedure code can also optimize the provisions regarding compensation in government regulation number 44 of 2008. where it is mantali 292 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) stated that compensation here is compensation given by the state because the perpetrator is unable to provide full compensation for which he is responsible. so in this case the state will take over the responsibility of the perpetrator if the perpetrator is truly unable to pay for the rights of the victim. this thing needed so that the new kuhap could be equipped with the rule’s victim protection, in particular about restitution, which has not been set in constitution number 8 of 1981 concerning the criminal procedure code. with thereby changes to the criminal procedure code in thing restitution could seen with clear from arrangement formulas articles which detailed and operational, which can be applied in criminal procedure law in aspect victim protection, start from step investigation, prosecution, up to decision or judge's determination. d. conclusion the implementation of legal protection for victims of the crime of sexual intercourse through the fulfillment of the right of restitution, in practice has not been realized properly. this is evidenced by the absence of a single case that has been submitted to the gorontalo district court, yet there have been no victims who have applied for compensation through the incorporation of compensation claims in article 98 of the criminal procedure code, especially in cases of criminal acts of sexual intercourse with children. the formulation of the concept of legal protection for child victims of the crime of sexual intercourse is to include all provisions regarding restitution in law number 31 of 2014 concerning protection of witnesses and victims into the draft criminal procedure code. because the provisions regarding restitution in the criminal procedure code are still limited. and if the provisions regarding restitution in the witness and victim protection act are included in the criminal procedure code, the rules regarding restitution will be fully covered in the criminal procedure code. e. acknowledgment none f. statements of conflicting interests the author declares that there is no conflict of interest in the publication of this article. legal protection for child victims of the crime of sexual intercourse indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 293 g. funding none h. reference abdul wahid. muhammad irfan. protection of victims of sexual violence (advocacy for women's human rights) . bandung: refika aditama, 2001. apriyani, maria novita. “implementation of restitution for victims of sexual violence.” legal treatise . vol. 17, 2021. https://doi.org/https://doi.org/10.30872/risalah.v17i1.492. barda nawawi. law enforcement issues and criminal law policy in crime prevention . jakarta: kencana prenada media group, 2007. gatra yudha pramana. “criminal compensation claims to achieve justice for victims.” ius poenale 1, no. 1 (2020): 39–50. https://doi.org/https://doi.org/10.25041/ip.v1i1.2066. gultom, maidin. legal protection of children in the child criminal justice system in indonesia . bandung: refika aditama, 2006. gunawan, andre, and ridwan ridwan. “legal protection against children victims of coerced sexual intercourse performed by children (case study : decision number 13/pid.sus-anak/2019/ pn.srg).” yustisia tirtayasa: journal of final project 1, no. 2 (november 22, 2021): 14–23. https://doi.org/10.51825/yta.v1i2.11966. maidin gultom. legal protection against children and women . bandung: refika aditama, 2012. marasabessy, fauzy. “restitution for crime victims: an offering new mechanism.” journal of law & development 45, no. 1 (2015): 53–75. https://doi.org/10.21143/jhp.vol45.no1.9. mareta, josephin. "implementation of restorative justice through fulfillment of restitution for victims of child crime." indonesian legislation journal 15, no. 4 (2018): 309–19. start. human rights, politics and the criminal justice system . semarang: diponegoro university publishing agency, 2002. motherland, ratna. “rights for restitution of child victims of sexual crimes.” pancasila and law review 1, no. 1 (september 10, 2020): 35– 44. https://doi.org/10.25041/plr.v1i1.2039. putri sh., mh, rianda prima. "implementation of the examination of the merger of compensation claims in criminal cases at the bukittinggi class 1b district court." soumatera law review 1, no. 1 (2018): 176–97. https://doi.org/10.22216/soumlaw.v1i1.3348. sapti prihatmini, fanny tanuwijaya, dina tsalist wildana, misbahul ilham. "submission and granting of restitution rights for children who become victims of sexual crimes." rechtidee 14, no. 1 (2019): 108–26. https://doi.org/https://doi.org/10.21107/ri.v14i1.4768. sumirat, i r. "legal protection against women and children victims of the crime of human trafficking." journal of gender and child studies 3, no. mantali 294 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 1 (2016): 19–30. https://scholar.google.co.id/citations?view_op=view_citation&hl=en&use r=nv5jt34aaaaj&citation_for_view=nv5jt34aaaaj:u5hhmvd_uo 8c. waluyo & haryo sulistyantoro. "merging lawsuits for compensation against the criminal code." law league 1, no. 2 (2009): 76–84. http://eprints.upnjatim.ac.id/3276/1/2_-_waluyo_dan_haryo.pdf. laws and regulations republic of indonesia. criminal code (kuhp) republic of indonesia. criminal procedure code (kuhap) republic of indonesia. law number 11 of 2012 concerning the juvenile criminal justice system republic of indonesia. law number 35 of 2014 concerning child protection republic of indonesia. law number 31 of 2014 concerning witness and victim protection republic of indonesia. regulation government number 44 of 2008 concerning giving compensation, restitution and assistance to witnesses and victims. about autor(s) avelia rahmah y. mantali is a lecturer in criminal law at the faculty of law, state university of gorontalo since 2018 until now. obtained his bachelor of laws degree at the faculty of law, state university of gorontalo in 2015 and continued his education at the postgraduate law study program, state university of gorontalo. one of the books ever written was "criminal procedure law an introduction" attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20cf9b41a625 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 45 implementation of anti-corruption education through penetrasi (penanaman sembilan nilai karakter anti korupsi) method for the urban village community of jabungan dina wahyu pritaningtias1, anindhita sekaring barendriyas2, amira rahma sabela3, indah sri utari4 1,2,3,4faculty of law, universitas negeri semarang, indonesia *corresponding author: d. w. pritaningtias, email: dinawahyu863@gmail.com abstract: the importance of anti-corruption education for communities in the area of jabunganan village in particular among teenagers, because they were the agents of change for nation building indonesia in order to form a generation that has integrity. attempts are made to college student real work relating to the state university of semarang 2019 in instilling the value of anti-corruption through the penetrasi method (penanaman sembilan nilai karakter anti korupsi) by holding discussion, dissemination, training and games. in these efforts, contains multiple values, including the anti-corruption character: 1) honest, 2) fair, 3) hardwork, 4) caring, 5) simple, 6) daring, 7) liability, 8) independent, 9) disciplines. these efforts include: anti corruption week (antik), rumah sampah (ramah), ruang inspirasi (rapi), dan anti suap (asiap), bank sampah (basah), pelatihan neraca laba rugi bagi umkm, lomba pidato tema anti korupsi (ladang tikus), pelatihan pembuatan briket dari sampah organik, psikodrama, mitigasi bencana, infografis anti korupsi, permainan ular tangga dan festival anak sholeh. keywords: anti-corruption education; nine values of anti-corruption character how to cite: pritaningtias, d.w., barendriyas, a.s., sabela, a.r., & utari, i.s. ‘implementation of anti-corruption education through penetrasi (penanaman sembilan nilai karakter anti korupsi) method for the urban village community of jabungan.’ indonesian journal of advocacy and legal services, 1(1), 45-64. doi: 10.15294/ijals.v1i1.33752 indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 1 (2019): 45-64. doi: 10.15294/ijals.v1i1.33752 submitted: 28 august 2019 revised: 7 september 2019 accepted: 13 september 2019 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33752 d. w. pritaningtias, et.al 46 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) a. introduction anti-corruption education is an education program on corruption that aims to build and increase citizens,1 especially concerning to the awareness of the dangers and consequences of acts of corruption. anti-corruption education has a role in the lives of people who have a stake in corruption prevention because basically they are agents of national change in the history of the nation of indonesia. basically, the government of indonesia through the corruption eradication commission (kpk) based on law number 30 of 2002 concerning the corruption eradication commission, the corruption eradication commission (kpk) was given the mandate to eradicate corruption professionally, intensively, and continuously. kpk is an independent state institution, which in carrying out its duties and authorities is free from any power. kpk has the task of coordinating with agencies authorized to eradicate corruption; supervision of agencies authorized to eradicate corruption; carry out investigations, investigations and prosecutions of corrupt acts; take steps to prevent corruption; and monitor the implementation of state government.2 although the government of indonesia has endeavored to eradicate corruption in indonesia mandated by the kpk, corruption continues to flourish from small corruption to corruption that harms the country. therefore, the role of the community is very important and needed in combating non-criminal corruption. anti-corruption education that we did in this real work lecture activity raised a title, namely "anti-corruption education for jabungan village residents in efforts to provide education about corruption through the penetration method (planting nine anti-corruption character values)", of which nine anti-corruption character values these consist of: 1) honest, 2) caring, 3) independent, 4) fair, 5) hard work, 6) responsibility, 7) courageous, 8) simple, 9) discipline. this real work lecture group seeks simple learning about anything that includes criminal acts of corruption and how to prevent them through these methods because the community here is still too ignorant about understanding what is a criminal act of corruption. planting the first nine values of anti-corruption character that is honest which means the attitude of knowing, saying and doing what is 1 maria montessori, “pendidikan antikorupsi sebagai pendidikan karakter di sekolah”, jurnal demokrasi vol. 11 no. 1 2012, p. 294 2 m. ishaq dwi putra, apa saja tugas dan wewenang kpk?, http://indonesiabaik.id/motion_grafis/apa-saja-tugas-dan-wewenang-kpk, accessed on 24 august 2019 10:30 wib file:///c:/users/asus/downloads/,%20http:/indonesiabaik.id/motion_grafis/apa-saja-tugas-dan-wewenang-kpk file:///c:/users/asus/downloads/,%20http:/indonesiabaik.id/motion_grafis/apa-saja-tugas-dan-wewenang-kpk implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 47 right, can be trusted and not cheating. the second is caring which means the attitude and action of paying attention and ignoring others. third, mandiri is the ability to solve, search for, and find solutions to one's own problems and not depend on others. the fourth is adil, which means not taking sides and discriminating between certain groups or classes. fifth, that is hard work, which means there is a sense of sincerity in completing a task or job. the sixth is responsibility which means someone's attitude and behavior in carrying out the task. seventh, that is brave which means there is confidence in facing threats or difficulties. eighth, namely simple, which means to use something to taste. and the last is discipline which means habits that are consistent with all forms of rules and regulations.3 the purpose of education is through the inculcation of anticorruption character values in the jabungan village because the people here especially teenagers have a low level of awareness about corruption. therefore, because they are agents of change (agents of change) who will participate in realizing the future of indonesia that is free from corruption, we as students who have already gained knowledge about anti-corruption education provide knowledge about education on anti-corruption values to the jabunganan community. join especially to teenagers. in instilling anti-corruption education there needs to be several efforts. what are the efforts made to provide knowledge related to anticorruption to the jabungan village community, especially teenagers? b. method corruption for jabungan village residents in efforts to provide education about corruption through the penetrasi (penanaman sembilan nilai karakter anti korupsi) ‘embedding 9 anti corruption character values’ ”, consisted of various series of activities, namely socialization, discussion space, training, and games. in supporting the series of activities there are 13 work programs, each of which contains anti-corruption character values. the work program consists of disaster mitigation, peneterasi penetrasi (penanaman sembilan nilai karakter anti korupsi) through psychodrama method, anti-bribery, anti corruption week, anti-corruption theme speech competition, "snake and ladder" sportsmanship games, inspiration room, anti-corruption infographic, training on making briquettes from organic trash, garbage banks, houses trash, income 3 pusat edukasi antikorupsi, nilai-nilai antikorupsi, https://aclc.kpk.go.id/materi/sikap-antikorupsi/infografis/nilai-nilai-antikorupsi, accssed on 22 august 2019 20:34 wib https://aclc.kpk.go.id/materi/sikap-antikorupsi/infografis/nilai-nilai-antikorupsi d. w. pritaningtias, et.al 48 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) balance training for msmes, and the sholeh children's festival. the entire work program is carried out in jabungan village with the target of all levels of society, starting from children, adolescents, to adults. through the aforementioned program it is hoped that all jabungan residents can fight corruption by understanding and implementing 9 values of anti-corruption character in their daily lives. based on activities that have been carried out to the layers of society such as children and adults, understanding of corruption is very lacking. not only that, their concern for the dangers of corruption has not been neatly fostered. good survival is the comfort of their lives, when they feel their lives are sufficient then feel safe and do not care about the conditions around. seeing the problem, our group provides an anti-corruption education to the community. after a number of stages, there is a change in mindset as we expect. the community begins to realize how important it is to care about the environment when someone does small acts of corruption. the thing we give to the public is to provide an understanding of the 9 values of anti-corruption character as the key to fighting corruption. the word corruption comes from the latin word corruptio which means damage, depravity and decay. corruption is often said to be an extraordinary crime, one of the reasons is because the extraordinary impact can cause damage both in scope, personal, family, community and wider life. the damage does not only occur in a short period of time, but can have a long term impact corruption is caused by two factors, namely internal factors and external factors. internal factors are the cause of corruption from individual factors, while external factors come from the environment or system. in law number 31 of 1999 jo. law number 20 year 2001 regarding eradication of corruption, in chapter ii article 2 states that corruption is: “anyone who unlawfully commits acts of enriching oneself or another person or a corporation that can harm the state finances or the state's economy”. the potential to commit acts of corruption, the perpetrators of corruption do not recognize gender or age and the conduct of corruption is always done with planning, none of the acts of corruption are carried out suddenly like other criminal crimes, because corruption is different from other criminal acts. the forms of criminal corruption include: 1) harm the country's finances 2) bribes 3) extortion 4) darkening in position 5) conflict of interest 6) gratuities implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 49 7) money laundering corruption prevention efforts can basically be done to reduce and eliminate the factors that cause corruption. anti-corruption is an effort to prevent corruption by various efforts to increase individual awareness so as not to commit acts of corruption, as well as an effort to improve moral human resources.4unwittingly, many daily acts constitute a form of cadre of criminal acts of corruption, ranging from minor corruption to corruption that harms the country. this problem continues to increase so that it becomes a threat to the survival of the people of indonesia, because corruption is a serious problem that we must eradicate through good habits by referring to 9 values of anti-corruption character. these values are: 1) honest the word honest in the big indonesian dictionary (kbbi) means: righteous heart; not lying (stating as it is, not cheating, following the rules, sincere and sincere. honesty is a basic value that is the main foundation for upholding one's integrity. without honesty, it is difficult if someone can become a person of integrity. someone is required to be able to speak honestly and not lying both to oneself and others, honesty will carry over to work so as to protect yourself against the temptation to cheat. honest is one of the most important traits for social life, without honesty it cannot be trusted in socially if we believe that behavior corruption is the evolution of corrupt behavior over small things and is considered trivial, so this fact is one of the worrying proofs, setting an example and accustoming children from an early age to say everything that happens according to what they do or know. examples of honesty in children, children told by their parents to buy goods and given more money he must return the change back to his parents in accordance with the nominal return must not be less. small habits that they do continuously will be able to form a strong character of children. the output of honesty that is owned will produce results of people who have personalities who always tell the truth and do not lie. 2) care caring is a basic value and attitude to pay attention and act proactively towards the conditions or circumstances around us. caring is an attitude of our partisanship to involve ourselves in the problems, circumstances or conditions that occur around us. everyone certainly has an opinion that we must respect their existence respect for the opinion of fellow family members is a form of caring attitude that we can do in the 4 fira mubayyina, “semai: 9 nilai anti korupsi dalam pendidikan anak usia dini”, al-hikmah: indonesian journal of early childhood islamic education, vol 1 (2), 2017 p. 225 d. w. pritaningtias, et.al 50 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) home environment. caring is those who are called to do something in order to inspire, change, kindness to the surrounding environment. when he sees a certain situation, when he witnesses the condition of society he will be moved to do something. what is done is expected to improve or help the surrounding conditions. caring is an attitude to pay attention to human values, always moved to help other human difficulties. a caring attitude is an attitude to try to awaken the independence that exists in society. people who care are people who cannot stay silent, see weaknesses, stand by and let bad conditions continue to occur in society, so the most important obligation is to always put themselves in a position to defend their interests, fight for their rights their rights, become companions and friends for their lives and advocate and help small and oppressed communities. 3) independent independent is able to stand on its own feet, meaning that it does not depend much on others in any way. independence is considered as an important thing that must be owned by a leader, because without independence a person will not be able to lead others. independent in the life of the community is necessary because independence is opening the way. whereas those who prefer to depend on others will forever be in the shadow of that person. 4) discipline discipline is obedience or obedience to regulations. conversely, to regulate human life requires a disciplined life. the benefit of discipline is that a person can achieve his goals in a more efficient time. discipline has the same impact as other anti-corruption values, which can foster the trust of others in various ways. discipline can be realized among others in the form of the ability to manage time well, adherence to all applicable rules and regulations, do everything in a timely manner, and focus on work. examples of discipline in work are coming to work on time, not late, because we are late entering work together, including corruption, in this case time corruption. 5) hard work hard work in the big indonesian dictionary means a serious effort to achieve goals that are carried out continuously, not easily giving up in facing problems or challenges. an example that can be given in everyday life is to give a gift for the results of the work done by children in getting good grades at school. this is done in order that, to achieve something requires hard work and to introduce to children not to achieve something in an instant way. so that later when the child wants to become a rich person must work hard to get money, not by taking money that does not belong to implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 51 him. hard work is based on a will within oneself. hard work is important in order to achieve results that are in accordance with what is desired. 6) responsibility responsibility is the state of being obliged to bear everything (if anything happens may be prosecuted, blamed and sued). someone who has responsibilities will have a tendency to complete tasks better. someone who can carry out even the smallest of responsibilities well will get the trust of others. the application of the value of responsibility can be realized in the form of study in earnest, graduating on time with good grades, doing academic tasks well, maintaining the mandate and trust given. 7) fair fair is defined as the same behavior in everyone, treating people the way we want to be treated, impartial, balanced between rights and obligations. examples of examples that can be adapted in a community environment are neighboring parents and socializing to all people not looking at their possessions, rich or poor. this can be imitated by children so that everyone is impartial and friends to see his background first. 8) simple simple is an attitude or behavior not excessive to something and more concerned with the benefits and objectives. show the attitude as it is, do not force yourself by making efforts that are prohibited by the norm to take that is not really his right, inviting children to be diligent in saving and using according to their needs, children who are accustomed to being modest will be realized will not take the opportunity to cheat, because one of the causes of someone committing acts of corruption is an opportunity other than their greedy intentions and nature. 9) brave dare is a great sense of confidence in facing challenges, not afraid in facing something that is believed to be true. examples of examples that can be given to children are parents who dare to remind others who make mistakes and break rules. it can be imitated by children to do courage if there is someone who does wrong that is found in the surrounding environment can be reminded when making mistakes not to make mistakes anymore. it is expected that courage behavior in children can be applied so that later adults when they encounter cheats that occur both in the environment his work or the environment outside his job he will have the courage to report also to the authorities. d. w. pritaningtias, et.al 52 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) c. result and discussion 1. implementation of penetrasi (penanaman sembilan nilai karakter anti korupsi) in jabungan village a. anti corruption week (antik) teach anti-corruption values can be teaching anti-corruption values can be started by introducing the children about good or bad behavior, right and wrong behavior, behavior that is appropriate or not in accordance with norms, this will provide good teaching to children and can be used as a foundation for behavior. by the child. anti-corruption education is a conscious and planned effort to realize a teaching and learning process that is critical of the national anti-corruption values. the learning objectives of anti-corruption education are: 1) when they enter the community, students have enough provision to be able to understand ethics at every level of the "social leaders" they live in, 2) comprehensively understand the importance of ethics in both the public and private sectors, 3) recognize and understand the adverse effects of corruption on public trust and competition in the international world, and 4) have the courage and wisdom to eradicate corruption.5 thus anti-corruption education does not merely emphasize cognitive aspects or knowledge alone, but also emphasizes the formation of character (affective), and moral awareness in fighting corruption behavior. anti-corruption education aims to create a generation of young people who have good moral and anti-corrupt behavior.6 the problem of corruption continues to increase, causing unrest for the community given the ongoing regeneration. indonesian children as the golden generation of the nation have great potential to build the nation, create rapid progress, and realize the dream of the nation's predecessors to always advance indonesia. in building a nation, a generation that is intelligent, independent and responsible for the tasks given is needed. this gives a warning to us that it is important to teach kindness to every indonesian child. provide broad knowledge, educate children to be a strong and independent generation, and teach anti-corruption behavior so as not to create harm to themselves, others, and the country. 5 eko handoyo, et.al., “penanaman nilai-nilai kejujuran melalui pendidikan antikorupsi di sma negeri 6 semarang”, jurnal abdimas vol. 14 no. 2 (2010),hal. 2 6 agus wibowo, pendidikan karakter, strategi membangun karakter bangsa berperadaban, yogyakarta: pustaka pelajar, 2012, p. 28 implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 53 figure 1. anti-corruption week socialization at sdn jabunganan. source: personal document, 2019 providing knowledge about the 9 values of anti-corruption character is not only applied to adults. it is very important we give this knowledge to children, where they are the next generation of the nation. different understanding from adults, makes us think more broadly how to provide knowledge to children. we made a one-week work program that we named anti corruption week, in this program consisting of a series of activities which provided an understanding of the 9 values of anti-corruption character and then provided an implementation container for the value of honesty, the honesty canteen. anti corruption week is a program that forms honest and disciplined behavior and increases students' sense of responsibility so that they have an independent nature and anti-corruption culture. as well as student participation and enthusiasm in participating in this program. the absence of a forum for applying anti-corruption values in the school environment. providing information on what forms of petty corruption are commonly carried out by students they may not even be aware of. providing honesty canteen facilities to implement anti-corruption values, namely honesty values. anti-corruption education must be meaningful learning by experiencing or experiential learning so it does not merely condition the students only to know, but also to be given the opportunity to make decisions and choices for themselves.7 7 nuriani laura malau gurning, “implementasi pendidikan antikorupsi melalui warung kejujuran di smp keluarga kudus”, jurnal teknologi pendidikan dan pembelajaran vol. 2 no. 1 (2014), p. 94 d. w. pritaningtias, et.al 54 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) b. penetrasi (penanaman 9 nilai karakter anti korupsi) by psikodrama method corrupt behavior that is often found in elementary school children is cheating, lying, late coming to school, and yelling friends. however, corrupt behavior does not only originate from one's own behavior, it can also create corrupt behavior by listening to other people's stories that create a feeling of wanting to do the act so that it can be accepted in play groups. the story given becomes someone else's virus if in the future someone else experiences the same thing will choose to take the solution that he has heard and so on.8 corruption eradication is not enough to overcome only by relying on law enforcement processes. eliminating corruption also needs to be done with preventive measures, among others by instilling religious values, corruption-free morals or anti-corruption learning through various educational institutions. educational institutions have a very strategic position in instilling an anti-corruption mentality.9 instilling anti-corruption nature from an early age through primary, secondary and higher education institutions is expected to create students free of corruption. with the learning material provided is expected to save the golden generation so that it becomes a generation that is free of corruption. elementary school is one of the educational institutions that used as a second home for children to gain knowledge, especially regarding anti-corruption. the simple corrupt behavior that we encounter in the elementary school environment is time corruption, when the entrance bell has rang sometimes there are still children who have not come to school. this behavior can be becomes a habit if not immediately acted upon. in this case education becomes a very important element for public awareness of the adverse effects of corruption. in the indonesian context, combating corruption must use various instruments to be more effective. through changes in values that are instilled since childhood, children will experience changes in mindset and are more sensitive to the problem of corruption. changes in behavior since childhood are important considering the children will one day replace the older generation as well as the successor to the nation's leadership.10 one interesting learning method in providing knowledge about the value of anti-corruption through peneterasi (planting 9 anti-corruption 8 lailatul izza, “menumbuhkan nilai-nilai anti korupsi pada anak untuk membentuk karakter melalui semai games di mdta rabithatul ulum pekanbaru”, phychopolytan: jurnal psikologi, vol. 2 no.3, february 2019, p. 85 9 ahmad zuber, “strategi anti korupsi melalui pendekatan pendidikan formal dan kpk (komisi pemberantasan korupsi)”, journal of development and social change, vol. 1, no. 2, october 2018, p. 180 10 agus pramusinto, “mencari alternatif strategi pemberantasan korupsi”, jurnal kebijakan dan administrasi publik, vol. 13, no. 1, may 2009, p. 2 implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 55 character values) through psikodrama. we teach this method to jabungan state elementary school students in a series of anti-corruption education scientific work (kkn) activities. the implementation of this program begins by providing an understanding of 9 anti-corruption values to 5th grade elementary school students, after which division of roles is performed and provides text drama to 5 students who have been selected to play the drama planting 9 anti-corruption values. figure 2. psychodrama by fifth grade students of jabungan state elementary school. source: personal document, 2019 corey believes that psychodrama is a role play intended so that the individual can get a better understanding of himself, can find concepts in himself, state his needs, and express his reaction to pressures against him. with this psychodrama, it is hoped that school children can consciously understand themselves, understand the material of anti-corruption values and then apply it in their daily lives.11through the psychodrama technique provided, it is hoped that it will increase future optimism in students and think about a more positive individual's future. psychodrama is a training technique developed by jacob l. moreno.12 psychodrama is a group therapy approach, in which the client plays the roles and situations of past, present, or future life in an experiment to 11 tatiek romlah, “teori dan praktek bimbingan kelompok”, malang, universitas negeri malang, 2006, p.107 12 johanae. prawitasari, “psikologi klinis pengantar terapan mikro dan makro”, jakarta, penerbit erlangga, 2011, p. 182 d. w. pritaningtias, et.al 56 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) gain a deeper understanding so as to achieve emotion. important events are played back to help clients connect with feelings that are not revealed and not realized, providing a channel for full disclosure of these feelings, leading to new behavior.13 figure 3. infographics of anti corruption. source: personal document, 2019 psychodrama was chosen as the method of delivering 9 material anticorruption character values because through this method it is hoped that students can easily understand one by one the value of anti-corruption characters by playing a drama. practice the nine values of anti-corruption character as if they experienced the incident and find solutions to each problem. in the drama it is divided into two drama groups, the first being the value of independent, honest, and responsibility. in this drama it tells about friendship between sila and winda, sila who accidentally breaks winda crayons honestly and is responsible for replacing the crayons by independently saving using her pocket money. the second drama is about the value of discipline, courage, hard work. in this second drama tells about dini who is always disciplined to leave on time, dare to come forward to answer the questions mr. teacher and work hard to do the questions given by the teacher. the results achieved in this program are students of grade 5 in elementary school becoming aware of the 9 values of anti-corruption characters that have been practiced in the drama and it is hoped that students can practice the 9 values of anti-corruption in daily life. 13 ahmad riyadi, et.al., “effectiveness of group therapy: psychodrama in improving positive self-concept towards captive child”, prosiding seminar nasional psikologi indigenous ump 2015, p. 22 implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 57 c. anti-bribery, anti suap (asiap) corruption is a phenomenon that is a culture, a person's behavior that has been built from the values they know and believe. they build these values through systematic socialization. good habits are needed, starting from changing the mindset which then forms good habits and behavior so that later the behavior becomes a habit. it is very important to change the bad values found in social life. the size of the corruption does not always indicate the size of the adverse effects caused. small-scale corruption may have worse impacts than large-scale corruption. this is caused by the frequent practice of small-scale corruption directly related to marginalized communities.14anti-corruption education is actually very important to prevent the occurrence of acts of corruption. if the kpk and several other anti-corruption institutions catch corruptors, then the anti-corruption education is also important to prevent new corruptors, it seems like the importance of morals, ethics, morals, and so on. likewise, anti-corruption education is important in preventing the occurrence of criminal acts of corruption.15 seeing the increasing tendency of corruption, we can see the tendency of governance practices as a whole. judging from the number of disclosures in the case, we can interpret the data as follows: first, corruption practices during the day of smekain are rife; second, there is seriousness in controlling corruption. therefore, it is not surprising that people's assessment of practicegovernance (voice and accountability, government effectiveness, rule of law, political stability, regulatory quality, control of corruption) show positive ratings.16 listening to the causes of corruption, it can be concluded related to human aspects, regulations, bureaucracy, political will, commitment, and consistency of law enforcement and community culture. for this reason, the broad strategy adopted includes the following aspects:17 1) increasing the integrity and ethics of state administrators 2) strengthening and accelerating bureaucratic reform 3) strengthening the anti-corruption culture of the community 4) firm, consistent and integrated law enforcement based on point c above regarding strengthening of the anti-corruption culture of the community is one of the important things in efforts to 14 agus pramusinto, op.cit., p.3 15 jamaluddin rabain, “perspektif islam tentang korupsi”, jurnal pemikiran islam, vol. 39, no. 2, july-december 2014, p. 188 16 agus pramusinto, op.cit., p. 7 17 bambang waluyo, “optimalisasi pemberantasan korupsi”, jurnal yuridis, vol. 1 no.2, december 2014, p. 175 d. w. pritaningtias, et.al 58 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) eradicate corruption. in this case the community's attitude towards corrupt practices is crucial in efforts to eradicate corruption. by making efforts to straighten the values of the community it is felt able to fortify them from corrupt behavior. this effort was carried out through counseling and antibribery campaigns. the existence of this campaign is expected to be able to shape the attitude and mental attitude of the society that is anti-corruption because the benefits derived from corruptive behavior are not worth the suffering that will be obtained later.anti-bribery is a program in an effort to increase the understanding of residents and village officials in jabungan sub-district, banyumanik district, semarang city regarding the category or type of bribery, who can bribe and who can be bribed, the threat of punishment in the event of bribery, and quick response to if knowing that bribery has taken place in his environment on a daily basis. the community, especially in jabungan village, does not yet know what bribery is and how the bribery category is in the community or in the village government environment. from various scope of society, most of them do not know about bribery. so from the need to be given knowledge about the categories of bribery which are included in corruption. the activity is carried out with counseling and the "bribery identification" campaign begins by providing knowledge of what bribes are, categories or types of bribes, who can bribe and who can be bribed, the threat of punishment in the event of bribery, and quick response when they find out that bribery has occurred in its environment. this activity aims to build a community that is aware of the importance of honest and disciplined behavior as an effort to create an anticorruption culture and good governance for the government at the village / village level. the results of activities in the provision of counseling and this campaign are citizens aware of the threat of bribery in the daily environment and if there is an indication of bribery then residents can immediately report to the kpk according to the mechanism we have explained at the time of counseling without fearing that their identities will be revealed . this is in line with the theme of scientific community service which is true to provide knowledge and awareness in life by instilling anticorruption values. d. disaster mitigation, mitigasi bencana (sincan) disaster is a situation that our arrival is not unexpected before, where in that condition there can be damage, death to humans or objects or houses and all the furniture that we have and does not rule out the possibility of animals and plants to die. while natural disasters are implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 59 disasters caused by natural events, disasters can occur through a long process or a certain situation in a very fast time without any signs. disasters often cause public panic and cause prolonged suffering and sadness, such as: injury, death, economic pressure due to loss of business or work and property, loss of family members and damage to infrastructure and the environment. natural disasters often occur in indonesia. this requires knowledge and understanding of natural disasters that might occur in the future. natural disasters also become the center of great attention in attracting and inviting responses from various parties towards disaster victims. the disaster mitigation program was a direct speaker from the semarang city bpbd, disseminating information to the community of jabungan village. implemented by disseminating material on disaster, both natural disasters and social disasters, prepared to face disasters and teach responsive attitudes in dealing with disasters by applying methods of socialization and discussion. in this case the community is equipped with knowledge and understanding of disasters, to be able to deal with them when exposed to disasters and contribute to disaster management efforts themselves. because after all it is realized that disaster management does not only involve the government and other parties, but the role of the community in it is very important. everyone has their own definition of the word natural disaster. the result achieved from disaster mitigation is to instill community understanding that each of them is an important component so that the jabungan sub-district becomes a tangguh subdistrict when natural and social disasters occur. after the next stage of disaster mitigation socialization, fprb (youth disaster volunteer forum) was made up consisting of lpmk, bkm, pkk, youth organization, fkk, ksb, linmas. d. w. pritaningtias, et.al 60 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) figure 4. outcome of the combined area disaster mitigation program disaster mitigation. source: badan penanggulangan bencana daerah kota semarang, 2019 d. conclusion because there is not yet a forum for applying anti-corruption values in the school environment, we teach the anti-corruption week teaching method to give students an idea of anti-corruption values to the jabungan state elementary school through planting knowledge of nine anti-corruption values through counseling any forms of petty corruption. which is usually done by students who may not themselves be aware of who then provide an implementation container of the value of honesty that is the honesty canteen. as well as interesting learning in providing knowledge about the value of anti-corruption through peneterasi (penanaman 9 nilai karakter anti korupsi) through psychodrama. psychodrama is a group therapy approach, in which the client plays the roles and situations of past, present, or future life in an experiment to gain a deeper understanding so as to achieve emotion. through the psychodrama technique provided, it is hoped that it will increase future optimism in students and think about a more positive individual's future. efforts to educate and campaign against bribery through the antibribery socialization method. this activity is carried out with counseling implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 61 and the "bribery identification" campaign begins by providing knowledge of what bribes, categories or types of bribes, who can do bribes and who can be bribed, the threat of punishment in the event of bribery, and quick response when knowing that bribery has occurred in the environment. . anti-bribery is a program in an effort to improve the understanding of residents and village officials in jabungan village regarding the category or type of bribery, who can bribe and who can be bribed, the threat of punishment in the event of bribery, and quick to be responsive to know that bribery has occurred in their environment. day-to-day aim to build a community that is aware of the importance of honest and disciplined behavior as an effort to create an anti-corruption culture and good governance for the government at the village / village level. the disaster mitigation program was a direct speaker from the semarang city bpbd, disseminating to the people of jabungan village the material on disaster, both natural disasters and social disasters, being prepared to face disasters and teaching responsive attitudes in dealing with disasters by applying socialization and discussion methods. in this case the community is equipped with knowledge and understanding of disasters, to be able to deal with them when exposed to disasters and contribute to disaster management efforts themselves. the result achieved from disaster mitigation is to instill community understanding that each of them is an important component so that the jabungan village becomes a tangguh disaster village. acknowledgments prevention of criminal acts of corruption through anti-corruption education using the penetration method (penanaman 9 nilai karakter anti korupsi) in jabungan sub-district is running in accordance with what we expect. the community, teenagers, and children who live in the jabungan district are very enthusiastic about our work programs. of course, with this, we students of semarang state university 2019 semarang state university of science study work truly express their gratitude to: jabungan village chief and jabungan village staff; jabungan state elementary school; mi al kaeriyah; youth organization; tpq hidayatulaliyah; semarang city regional disaster management agency (bpbd) and youth ksb (sigap bencana village) jabungan village; pkk cadre in jabungan village; msme "peek chips"; residents of rw 1-rw 6, jabungan village; kkn ppm-xix team at semarang university. those who have collaborated and provided us with the opportunity to carry out the work programs that have been prepared. we hope that our dedication in jabungan village will provide d. w. pritaningtias, et.al 62 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) benefits and a large positive impact on the progress of this village, especially in the willingness of citizens to practice the simple knowledge we have given during lectures. real work in jabungan sub-district, as well as being honest and open with each other about the loopholes to commit criminal acts of corruption. e. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. f. funding program of the community services and research funded by authors it self as well as publication. authors declare that there is no sponsorhip or any other parties funded the program. g. references gurning, n.l.m. (2014). implementasi pendidikan antikorupsi melalui warung kejujuran di smp keluarga kudus. jurnal teknologi pendidikan dan pembelajaran, 2(1), 93-102. handoyo, e. et.al. (2010). penanaman nilai-nilai kejujuran melalui pendidikan antikorupsi di sma negeri 6 semarang. jurnal abdimas, 14(2), 1-7 izza, l. (2019). menumbuhkan nilai-nilai anti korupsi pada anak untuk membentuk karakter melalui semai games di mdta rabithatul ulum pekanbaru. phychopolytan: jurnal psikologi, 2(3), 84-95. montessori, m. (2012). pendidikan antikorupsi sebagai pendidikan karakter di sekolah. jurnal demokrasi, 11(1), 293-301. mubayyina, f. (2017). semai: 9 nilai anti korupsi dalam pendidikan anak usia dini. al-hikmah: indonesian journal of early childhood islamic education, 1(2), 223-238. pramusinto, a. (2019). mencari alternatif strategi pemberantasan korupsi. jurnal kebijakan dan administrasi publik, 13(1), 1-7. prawitasari, j.e. (2011). psikologi klinis pengantar terapan mikro dan makro. jakarta: penerbit erlangga. implementation of anti-corruption education indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 63 pusat edukasi antikorupsi. (2019). nilai-nilai antikorupsi. accessed on 22 august 2019, retrieved from https://aclc.kpk.go.id/materi/sikapantikorupsi/infografis/nilai-nilai-antikorupsi putra, m.i.d. (2019). apa saja tugas dan wewenang kpk?. accessed on 24 august 2019, retrieved from http://indonesiabaik.id/motion_grafis/apa-saja-tugas-dan-wewenangkpk rabain, j. (2014). perspektif islam tentang korupsi. jurnal pemikiran islam, 39(2), 187-198. riyadi, a. et.al., (2015). effectiveness of group therapy: psychodrama in improving positive self-concept towards captive child. prosiding seminar nasional psikologi indigenous ump. romlah, t. (2006). teori dan praktek bimbingan kelompok. malang: universitas negeri malang. waluyo, b. (2014). optimalisasi pemberantasan korupsi. jurnal yuridis, 1(2), 169-182. wibowo, a. (2012). pendidikan karakter, strategi membangun karakter bangsa berperadaban. yogyakarta: pustaka pelajar. zuber, a. (2018). strategi anti korupsi melalui pendekatan pendidikan formal dan kpk (komisi pemberantasan korupsi). journal of development and social change, 1(2), 178-190. https://aclc.kpk.go.id/materi/sikap-antikorupsi/infografis/nilai-nilai-antikorupsi https://aclc.kpk.go.id/materi/sikap-antikorupsi/infografis/nilai-nilai-antikorupsi http://indonesiabaik.id/motion_grafis/apa-saja-tugas-dan-wewenang-kpk http://indonesiabaik.id/motion_grafis/apa-saja-tugas-dan-wewenang-kpk d. w. pritaningtias, et.al 64 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) quote the best way to find your self is to lose yourself in the service of others mahatma gandhi copyrights © 2019 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 107 improving law student ability on legal writing through critical and logical thinking by irac method ridwan arifin1*, riska alkadri2, dewi puspa sari3, lilies resthiningsih4, amarru muftie holish5 1,2,5 faculty of law, universitas negeri semarang, indonesia 3,4 law library, universitas negeri semarang, indonesia *corresponding author: r.arifin, email: ridwan.arifin@mail.unnes.ac.id abstract: the lack of good stigma is attached to student activists, ranging from the unsatisfactory level of academic quality, graduating on time, not responsive and very reactive, hard and opposing views, to demonstrations that are colored by violence. the stigma is only in a few cases, not all activists face such conditions, but this stigma seems to have been far attached. the development of student activists today demands that activists must also have three literacy abilities: data literacy, humanitarian literacy, and technological literacy. however, based on the preliminary results of this activity, 90 percent of unnes law school student activists agreed that activists must have a critical attitude and critical writing skills, but only about 10 percent of activists who had taken it seriously (thought publications in various forms). this activity is aimed at developing the critical abilities of student activists through increased publications in various media. this activity also aims to establish a critical writing community for student activists and present a concrete forum for channeling ideas and solutions for student activists in writing that can be read by many people. this activity is carried out through a critical thinking approach in legal studies using the irac (issue, rule, application, conclusion) method which is commonly used in analyzing various cases in legal study thinking. keywords: student activists; critical thinking; publications; legal writing how to cite: arifin, r. alkadri, r., sari, d.p., resthiningsih, r., & holish, a.m. ‘improving law student ability on legal writing through critical and logical thinking by irac method.’ indonesian journal of advocacy and legal services, 1(1), 107-128. doi: 10.15294/ijals.v1i1.33706 indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 1 (2019): 107-128 doi: 10.15294/ijals.v1i1.33706 submitted: 21 august 2019 revised: 30 august 2019 accepted: 10 september 2019 r. arifin, et.al. 108 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) a. introduction the development of student activists is one of the issues that has been studied by many parties, especially related to the movement and its contribution to the progress of the nation. however, in addition to positive views towards student activists, so far there have also been developing negative stereotypes and stigma attached to student activists themselves related to academic achievement and their study period. student activists are almost always associated with low academic performance and late graduation, or even drop out. high academic achievement and passing study on time for most students may also be for educators and education experts to be the two main standards of study success, but for activist students, the meaning of achievement is not just a high gpa or fast graduation (anwar, 2012). students as agents of change and agents of social control are actually the mouthpiece of the people. consequently, student assignments are not only studying and busy with assignments, but are also grounded in the community. this is in accordance with the tri dharma of higher education which implies aspects of education, research and community service. from this concept it can be clearly seen that the scope of students is study and society. however, sometimes student activists encounter obstacles in dividing time between academia and organizations (barr & treasure, 2016). research of pipi-hoy, jitendra, and kern (2009) stated that the results of studies conducted show that self-reports or time management skills are often related to academic achievement. lower management effectiveness creates stress and tension. a good time manager is planning and organization. in addition, inefficient use of time, lack of control over time demands and inadequate amount of time turned out to have a negative impact on the psychological individual. meanwhile, in the paradigm of a system of social change both in revolutionary and evolutionary values and structures, student activities are influenced by social movements from individual environments and social groups that are part of the individual self. social movements can arise in a variety of interests, such as changing the structure of social relations, changing worldviews, and fighting over political roles (susan, 2009; septiani, 2016). this is also the case with some of the dynamics of student activists at the faculty of law, semarang state university (fh unnes). social changes that exist in some cases trigger various conflicts, for example in the case of demonstrations in the campus environment in the refusal of improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 109 the allowance (anonymous, 2018; sugiyarto, 2018; budi, 2018; widiarto, 2018). according to rollo may (1967) in feist, j. & feist, g.j. (2010: 65), that humans who are involved in conflict and collisions between ideality and reality that occur will deny destiny, lose the reason to 'be' and have no direction. they walk without having a goal or target. then they will engage in behavior that makes them lose and break. they feel insignificant in a world that is increasingly dehumanizing individuals. this insignificant feeling is what directs humans to apathy and a state of decreased consciousness. thus, according to oley (2013), conflict tendencies are natural and very natural in the dynamics of student activists, however, responses and reactions to these conflicts are very important to be considered to reduce the negative impacts. one of them is by providing sufficient space and space for the development of democracy in the campus environment, including the development of students' critical attitudes. tawakal (2015) confirms the critical attitude that exists in students, in which he thinks that the critical attitude is raised because there is a deviation, and like a problem, there must be a solution. critical attitude, according to him, is solutive, which does not only throw arguments without concrete solutions. critical attitude is not to bring down opponents, but to build cohesiveness and togetherness. critical is objective, as a student, the horizon of knowledge must be open to change and be sensitive and judge something that is not random, there must be concrete facts that support the argument and based on an objective view, not a subjective view that only benefits some groups. critical attitude is real or real, not a fictitious thing that is deliberately raised and used as controversy, is non-existent and solution-oriented, not creating new problems. even according to wae (2014) as an agent of change, students should also be critical and face this situation. by being critical, student insights will increase. their character will also be formed into a wise person handling the problem. one of the ways is by utilizing the freedom to express thoughts as regulated in the 1945 constitution article 28e paragraph 2. certainly by paying attention to ethics and using polite sentences. thus, channeling critical student attitudes must be directed to maximize student potential. this activity is expected to be able to provide solutions to partner problems (unnes faculty of law student activists) in building critical attitudes through the development of ongoing publications. the problems faced by partners, based on the results of a preliminary survey (of 55 unhes fh student activists, may-april 2019), showed 63.6% r. arifin, et.al. 110 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) (35) agreed that the ability of a critical attitude for student activity was needed for personal capacity building, however, the survey results also showed that 52.7% (29) agreed that studies and discussions conducted by student activists only ended in discussion forums without further action. in fact, the results of discussions and student studies are important as a solution to the problems faced by the community, so that in practice, many solutions presented by student activists are not able to be transferred to a more concrete form towards the community. in fact, the critical level and publication of student activist thoughts, only 9.1% (5) have ever published their thoughts, and 90.9% (50) have never been at all. therefore, the program to increase publicity as a place for channeling critical attitudes for unnes law faculty student activists is very important. the case studied was the condition of student activists in the faculty of law unnes where in a preliminary study conducted by the author proved that the level of publication and literacy of student activists was at 1.8% (out of a total of 55 student activists surveyed). however, the level of discussion and forum for student activist studies was quite high, at around 76.4%. b. method this research and program uses several methods and approaches. to search for preliminary data, this study uses interviews and observations with media media. preliminary research conducted a survey of 55 student activists within the faculty of law unnes. this program involves student activists in a number of stages. the program is conducted intensively with clear output targets, namely the publication of the results of students' critical thinking in the field of law in the form of scientific articles or books, or other publications. the stages carried out in this research and service program are as follows. 1. preliminary activities the implementation of this service activity begins with a preliminary activity, where in this stage, the implementation team identifies deeper and further about the problems faced by partners and the solutions that can be offered. the identification of problems in this stage is done through the method of observation and questionnaire survey of the participants in the activity. improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 111 2. activity method activities in this service are carried out with the following methods, namely: 1) workshop and training this activity is carried out to get more tangible results and clear outcomes, so that workshops and training are conducted regularly and continuously. the workshop and training involved several parties, including the implementation team, expert team, facilitator, and participants. 2) simulation and application simulations are carried out to provide experience to partners through direct application related to critical thinking and critical writing. participants will be introduced to various media for the distribution of opinions and critical writing both locally and nationally. 3) publication this method is carried out at the final stage, where the output of this activity is the scientific publication of critical thinking of unnes law faculty students in several well-known publishing media, such as: publisher level city of publisher bpfh unnes national semarang unnes press national semarang thafa media national yogyakarta saga publication national surabaya in addition to publishing writings through these publishers, this activity also encourages student activists to publish scientific articles on critical thinking about legal science, legal thinking, legal case studies, and legal studies in several national journals as follows: name of journal publisher city of publisher cita hukum uin syarif hidayatullah jakarta ajudikasi universitas serang raya serang banten jambe law journal universitas jambi jambi jambura law review universitas negeri gorontalo gorontalo lex scientia law review universitas negeri semarang semarang diversi universitas islam kadiri kediri gorontalo law review universitas gorontalo gorontalo hukum dan universitas semarang semarang r. arifin, et.al. 112 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) masyarakat madani halu oleo law review universitas halu oleo kendari awang long law review stih awang long samarinda indonesian journal of legal and forensic sciences universitas udayana denpasar, bali indonesian journal of disability studies universitas brawijaya malang 4) assistance the mentoring method is carried out to oversee and accompany partner participants periodically in achieving the expected output targets. assistance is carried out concretely and applicatively, where partner participants will be assisted intensively and directly to resolve the problems encountered. 5) case study case study methods are provided to participants as a stimulus for logical, structured, and critical thinking paths to various problems in legal studies. the case studies offered vary according to the needs of the partner participants. c. result and discussion 1. introduction to academic writing and critical thinking wigati's research (2014) revealed that in practice in class students often complain that writing assignments are still considered very difficult to do. writing turns out to be a scourge for students. in fact, mastery of the material is the basic goal of the teaching and learning process. mastery of the material is also often used as the main consideration for measuring the success or failure of a teaching lecturer. in fact, in a class with students who have different writing, speaking, and analyzing abilities, it will cause difficulties to measure whether students are at the same intensity in their understanding. students with high levels of competence will feel burdened because they have to wait for other friends to be able to understand the material and be able to apply it. as for students with low levels of competence, they will feel frustrated because they are not able to understand and do assignments easily. this gap will be evident in skillsbased courses. this is actually natural because in krashen's theory (1984) understanding of language has the formula n + 1 which means that a improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 113 person will not be able to understand higher matter before he understands correctly about the underlying material. fox (1993) defines writing as an activity expressing ideas, feelings, and opinions to communicate messages from the mind to written form. writing has two steps in the process of displaying the meaning of ideas and conveying them in the form of written language. through writing we can share ideas, apply feelings, and convince others. meanwhile, regarding the difficulty in writing (writing), byrne (1988) categorizes three problems that make writing skills difficult to master, namely linguistic, cognitive, and content problems. the first problem is the aspect of language or linguistics. this relates to one's shrewdness in writing the correct structure and hence the sentences that are formed will be able to blend with one another. the result is that the text that is created can be well replicated by the reader. the second problem is cognitive problems related to one's mastery of the forms of language, structure, grammar and spelling that are useful for effective communication in writing. harmer (2004) termed it with organizational problems which are certainly more complicated than organizational problems in speaking. the third is the problem of ideas. this relates to anything that someone can pour in his writing. often someone loses ideas in the middle of the writing process. based on the problems that have been identified in relation to the academic writing capacity of student activists as described previously, to overcome these problems an introduction to academic writing and critical thinking is conducted for student activists within the faculty of law, semarang state university. this initial introduction was held on monday, june 10, 2019 at the faculty of law, semarang state university. at this stage, the activities were carried out with the method of socialization and lectures on academic writing and critical thinking. in this activity also explained the difference between academic writing and creative writing, as explained in table 4 below. table 4 becomes the foundation of understanding for the beginning of this program for law student activists in writing scientific papers related to the field of law studies. table 4 differences in academic writing and creative writing no academic writing creative writing 1 non-fiction fiction 2 based on facts (pure facts) based on imagination (can also be added by facts) 3 for academic purposes for literary or pop / entertainment purposes r. arifin, et.al. 114 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) (market orientation) 4 supported research (to obtain data) it could be supported by research or not 5 supported references / literature it can be supported by references or not 6 written in formal / academic language written in a literary or pop language that is easily understood by the public 7 use academic terms can use academic terms or not 8 comes with footnotes it can also not (depending on the theme) 9 equipped with a reference list not equipped with a reference list 10 use appendix or attachments (as needed) not appendixing 11 using index (as needed) there is no index source: pranoto, 2010. meanwhile, furthermore, the introduction of the concept of academic writing refers to the stages of academic writing itself, which include: prewriting, organizing, drafting, editing, revising, and evaluating (lestari & chasanatun, 2016). at the prewriting stage, participants of law student activists were asked to look for ideas, initial information material, and preparation for writing. the preparation of writing includes an introduction to the intended scientific journals, the selection of titles, frameworks of thought, and the composition of the writing arrangements. the documentation of the activities at this stage can be seen from the following pictures. figure 1. presentation of introduction to academic writing for student activists. source: personal documentation, june 2019. improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 115 figure 2. participants of community service program activities. source: personal documentation, june 2019. figure 3 (left) and figure 4 (right). activity participants are having a discussion. source: personal documentation, june 2019 as for this activity, the stages are introduced to the activity participants about writing, as illustrated in figure 5 below. figure 5. academic writing steps pre-writing organizing drafting editing revising evaluating r. arifin, et.al. 116 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 2. strengthening the literacy capacity of student activists literacy is as an ability to read and write. we know him by literacy or literacy. but now literacy has a broad meaning, so literacy is no longer single meaning but contains a variety of meanings (multi literacies). there are various literacy or literacy, for example computer literacy, media literacy, technology literacy, economic literacy, information literacy, and even moral literacy literacy). so, literacy or literacy can be interpreted as technology literacy, information literacy, critical thinking, sensitive to the environment, even sensitive to politics. a person is said to be literate if he is able to understand something because he reads the right information and does something based on his understanding of the contents of the reading (herawati, 2017). yamin (2018) emphasized that literacy is a necessity that must be possessed by the education community, including students in it. in fact, it was underlined that literacy as an inseparable part of capital strengthening human resources (hr) in tertiary institutions becomes an important thing that must be done. literacy is generally synonymous with reading and writing activities. based on the prague declaration in 2003, literacy also includes the ability of a person to communicate in a meaningful community of praxis for social relations related to knowledge, language, and culture (unesco, 2003). thus, literacy is in principle an inseparable part of the efforts to develop human resources who have the competence to strengthen in any case. the more knowledge that is obtained, accessed, and used as capital in self-development, this can encourage a movement to develop quality human resources. literacy that is connected with capital in human development in the context of tertiary institutions is that the literacy ability of lecturers is their own capital for reviving scientific activities and culture. one manifestation of the program is writing competence called scientific publications. the process of strengthening the literacy capacity of student activists in the community service program emphasizes ongoing assistance for participants. activities are not only done once, but several times and focus on writing articles in the field of law for a particular journal. the activities carried out by way of discussion together to explore ideas and critical thinking, also to provide a new and current understanding of legal issues. discussions are also conducted in groups, and carried out in large numbers, and also small (divided into groups based on the same field of study). this activity was carried out on monday-wednesday (24-26 june 2019) at 14.00 until 15.30 wib at the faculty of law, semarang state university. documentation of the activities can be seen as shown below. improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 117 figure 6. participant discussion activities in large numbers. source: personal documentation, june 2019 figure 7. participant discussion activities in small numbers (divided by groups according to the field of study). source: personal documentation, 2019 3. scientific journal writing assistance for student activists at this stage, program participants are immediately directed to make writing which will be sent to certain journals. the initial data of the participant's article title can be seen in the following table. r. arifin, et.al. 118 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) table 5 initial data title of writing participants no name of student title of article (in bahasa, in english) 1 aisyah dara pamungkas mempertahankan integritas dalam negeri demokrasi di balik isu kampanye negatif dan kampanye hitam jelang pilpres 2019 2 angeline melenia kebijakan hukuman pidana mati untuk menanggulangi tindak pidana narkotika di indonesia 3 anggie rizqita herda putri perlindungan hukum bagi korban tindak pidana perdagangan orang di indonesia 4 arsita dewi fatasya pembunuhan berencana dalam prespektif hak asasi manusia dan kajian viktimologi 5 alycia sandra dinar andhini perlindungan hukum dalam kajian viktimologi terkait dengan kekerasan terhadap anak 6 ayu setyaningrum analisis upaya perlindungan dan pemulihan terhadap korban kekerasan dalam rumah tangga khususnya anakanak dan perempuan 7 azman khoerul muta’adi citra hukum masa kini: berbagai permasalahan hukum di indonesia 8 dasri penegakan hukum terpadu (gakkumdu) dalam penyelenggaraan pemilihan umum di indonesia 9 dwi suci mentari kajian hukum tentang tindak kekerasan seksual terhadap anak di indonesia 10 fairuz rhamdhatul muthia kajian hukum tindak pidana pada kasus kejahatan dunia maya atau cybercrime dalam perkara pencemaran nama baik 11 ifan dwi chandra politik uang sebagai awal munculnya tindak korupsi dalam pilkada 12 kania dewi andhika putri pertanggungjawaban keadilan dan kepastian di dalam hukum 13 kresna adi prasetyo analisis hukum pidana mengenai improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 119 tindak pidana penistaan agama di indonesia 14 lita hapsari tinjauan teoritis cybercrime case mengenai penyebaran hoax di media sosial dan sanksi pidananya 15 melani diah sekar puri eksistensi hukum pidana adat dan hukum perdata adat dalam perkembang-an hukum nasional indonesia 16 melani pratika yudaningrum korupsi dan hak asasi manusia (analisis atas dampak ham pada kasus-kasus tindak pidana korupsi di indonesia) 17 miftakhul ihwan kerjasama polisi dan pemerintah daerah dalam menegakkan hukum dimasyarakat sebagai wujud keikutsertaan dalam menjaga keamanan dan ketertiban masyarakat 18 nasichatus sholechah tindak pidana terorisme dilihat dari sudut hukum materiil (diatur di dalam uu no. 15 tahun 2003) 19 noviana dwi utami jalan tanpa ujung, korupsi yang tidak bertepi dan menjadi penyakit pejabat negeri 20 nur rika fitaloka perlindungan hukum kepada hak anak angkat dalam memperoleh status hukum dengan melalui pencatatan hukum pengangkatan anak (jika ditinjau dalam perspektif hak asasi manusia) 21 resa nabila ramadani hubungan body shaming terhadap penampilan fisik seseorang dan penegakan hukum untuk pelaku body shaming 22 ria juliana perlindungan hukum terhadap anak di indonesia sebagai pelaku dan korban tindak pidana 23 rizha fanditya ningtyas tarik ulur penegakan hukum uu ite (cyberlaw) di indonesia (analisis kasuskasus kontroversial) r. arifin, et.al. 120 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 24 saktiani nurul hidayah implementasi pemilu dalam berdemokrasi di indonesia 25 septi sabela hak politik mantan narapidana korupsi (studi atas wacana pembatasan hak politik narapidana korupsi di indonesia 26 siti nurmala problematika penegakan ham di indonesia 27 siti zanatya katriantoro kampanye negatif dan kampanye hitam dalam konteks demokrasi dan negara hukum indonesia 28 thera retno aprilia politik uang dalam demokrasi di indonesia 29 karin aulia rahmadhanty hak anak angkat dalam mendapatkan warisan ditinjau dari hukum waris indonesia 30 dewi ayu pranesti perlindungan korban dalam kasus penyebaran berita hoax di media sosial di indonesia 31 ana latifatul muntamah pernikahan dini di indonesia: faktor dan peran pemerintah (perspektif penegakan dan perlindungan hukum bagi anak) 32 arsitas dewi fatasya kajian hukum atas pembunuhan berencana yang disertai penganiyaan dan mutilasi (studi atas kasus-kasus mutilasi kontroversi di indonesia) 33 kaifa nur hanifa perlindungan hak asasi manusia bagi tenaga kerja kontrak di indonesia (human rights protection for labor contracts in indonesia) 34 yudha chandra arwana jalur mediasi dalam penyelesaian sengketa pertanahan sebagai dorongan pemenuhan hak asasi manusia 35 anggie rizqita herda putri perlindungan hukum bagi korban tindak pidana perdagangan orang di indonesia furthermore, all participants receive intensive periodic assistance. the assistance is done in two ways, namely: (1) face to face (offline), and (2) improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 121 online. face-to-face mentoring is carried out to explore and explore ideas from participants and guide participants. while online methods are used to increase the intensity of the discussion regarding the development of the progress of the article made. through table 5 it can be seen that the participants' titles have led to a particular focus of the case or theme, although there are several titles whose scope is still quite broad. in order to sharpen the title of the article, participants were stimulated by various questions and discussions to draw ideas from the participants so that a proper title was formed to be published in a scientific article. assistance does not only stop at the title, but until an article is completed (conclusions and bibliography). participants were also accompanied by the method of quoting and retrieving data, so that the articles written were more weighty. based on the results of the assistance, at least obtained articles have been submitted to various legal scientific journals in indonesia, and have been published as data in table 6. table 6 published articles of participant no name of student title of article (in bahasa, in english) publisher, journal 1 kania dewi andhika putri tinjauan teoritis keadilan dan kepastian dalam hukum di indonesia (the theoretical review of justice and legal certainty in indonesia) mimbar yustitia 2 (2), 142-158, 2018 2 ayu setyaningrum analisis upaya perlindungan dan pemulihan terhadap korban kekerasan dalam rumah tangga (kdrt) khususnya anak-anak dan perempuan jurnal muqoddimah: jurnal ilmu sosial, politik dan hummaniora 3 (1), 9-19, 2019 3 ria juliana anak dan kejahatan (faktor penyebab dan perlindungan hukum) jurnal selat 6 (2), 225-234, 2019 4 le lestari penegakan dan perlindungan hak asasi manusia di indonesia jurnal komunikasi hukum (jkh) 5 (2), 12-25, 2019 r. arifin, et.al. 122 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) dalam konteks implementasi sila kemanusiaan yang adil dan beradab 5 anggie rizqita herda putri perlindungan hukum bagi korban tindak pidana perdagangan orang di indonesia (legal protection for victims of human trafficking crimes in indonesia) res judicata 2 (1), 170-185, 2019 6 yudha chandra arwana jalur mediasi dalam penyelesaian sengketa pertanahan sebagai dorongan pemenuhan hak asasi manusia jambura law review 1 (2), 212236, 2019 7 aisyah dara pamungkas demokrasi dan kampanye hitam dalam penyelenggaraan pemilihan umum di indonesia (analisis atas black campaign dan negative campaign) diktum: jurnal syariah dan hukum 17 (1), 16-30, 2019 8 wiki oktama putri penegakan hukum terhadap anggota legislatif dalam kasus tindak pidana korupsi di indonesia al daulah: jurnal hukum pidana dan ketatanegaraan 8 (1), 1-15, 2019 9 em saputri perlindungan hukum terhadap konsumen dalam hal pengembang (developer) apartemen dinyatakan pailit jurnal hukum bisnis bonum commune 2 (2), 151161, 2019 10 asd andhini analisis perlindungan hukum terhadap tindak kekerasan pada anak di indonesia ajudikasi: jurnal ilmu hukum 3 (1), 41-52, 2019 11 mds puri pengaruh adat dalam hukum keluarga terhadap pembaruan hukum volksgeist: jurnal ilmu hukum dan konstitusi 2 (1), 73improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 123 nasional 87, 2019 12 nb setyawan analisis perlindungan terhadap toleransi kebebasan beragama di indonesia dalam perspektif hak asasi manusia nurani: jurnal kajian syari'ah dan masyarakat 19 (1), 27-34, 2019 13 rma ilyasa transaksi bitcoin dalam perspektif hukum islam dan hukum positif indonesia mahkamah: jurnal kajian hukum islam 4 (1), 26-35, 2019 14 sa choirinnisa pertanggungjawaban korporasi dalam tindak pidana pencucian uang dalam prinsip hukum pidana indonesia jurnal mercatoria 12 (1), 43-53, 2019 15 nm lubis criminal liability for witnesses giving fake testimony under the oath in the trial morality: jurnal ilmu hukum 5 (1), 1-13, 2019 16 da pranesti perlindungan korban dalam kasus penyebaran berita hoax di media sosial di indonesia jurnal hukum media bhakti 3 (1), 8-17, 2019 17 fr muthia kajian hukum pidana pada kasus kejahatan mayantara (cybercrime) dalam perkara pencemaran nama baik di indonesia resam jurnal hukum 5 (1), 21-39, 2019 18 ma nurdiana tindak pidana pemerkosaan: realitas kasus dan penegakan hukumnya di indonesia (crime of rape: case reality and law enforcement in indonesia) literasi hukum 3 (1), 52-63, 2019 19 ka prasetyo analisis hukum pidana mengenai tindak pidana penistaan agama di gorontalo law review 2 (1), 1-12, 2019 r. arifin, et.al. 124 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) indonesia 20 al muntamah pernikahan dini di indonesia: faktor dan peran pemerintah (perspektif penegakan dan perlindungan hukum bagi anak) widya yuridika 2 (1), 1-12, 2019 21 j fitriyaningrum the regulatory model for eradication corruption in infrastructure funding varia justicia 15 (1), 36-42, 2019 22 mbk dewi emancipation and legal justice; portrait of women's legal protection in indonesia jurnal cita hukum 7 (1), 2019 23 a angga penerapan bantuan hukum bagi masyarakat kurang mampu di indonesia diversi: jurnal hukum 4 (2), 218236, 2019 24 a setyaningrum analisis upaya perlindungan dan pemulihan terhadap korban kekerasan dalam rumah tangga (kdrt) khususnya anak-anak dan perempuan jurnal muqoddimah: jurnal ilmu sosial, politik dan hummaniora 3 (1), 9-19, 2019 25 ad fatasya kajian hukum atas pembunuhan berencana yang disertai penganiyaan dan mutilasi (studi atas kasus-kasus mutilasi kontroversi di indonesia) jurnal ilmu hukum: fakultas hukum universitas riau 8 (1), 118-144, 2019 26 wandi arifin asas keadilan upah guru honorer dalam perspektif hukum (principle of justice for honorary teacher wages in a legal perspective) riau law journal 3 (1), 85-104, 2019 all of these articles have also been indexed by google scholars so that they are listed in national and international scientific journal databases. in improving law student ability on legal writing indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 125 addition, all articles that have been published can be accessed free of charge through the open journal system on each journal page. d. conclusion literacy culture among student activists is still relatively low, however, stimulus through ongoing publications is one way to increase the academic writing capacity and critical thinking of student activists. the program concludes that publication assistance for students can be done in stages, periodically, and continuously. exploring the ideas of law students is very important, especially in analyzing contemporary issues. the introduction of a publication system of all kinds seems to be an active student in making publications in many media. based on the program that has been implemented, the team suggested that the need for a policy formulation related to student publications. in addition, intensive publication assistance is needed, especially in small groups (limited participants) and using targets and commitment agreements, so students are encouraged to do publication targets to enhance critical thinking as activists of law students. e. acknowledgments authors would like to thank to dean faculty of law universitas negeri semarang, to research and community services unit faculty of law unnes, law students organization and union faculty of law unnes, and all parties involved on this community services program and this research. the research and community services program is funded by faculty of law universitas negeri semarang f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. g. funding program of the community services and research funded by faculty of law, universitas negeri semarang on scheme of grants for community service program for lecturers of 2019. r. arifin, et.al. 126 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) h. references anwar, k. 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(2018). ‘kebijakan literasi untuk meningkatkan produktivitas publikasi di perguruan tinggi’. jurnal analisis sistem pendidikan tinggi, 2(1), 19-26. https://rayakultura.net/sekilas-academic-writingproses-dan-permasalahannya/ https://rayakultura.net/sekilas-academic-writingproses-dan-permasalahannya/ http://www.tribunnews.com/regional/2018/06/05/demo-mahasiswa-unnes-menolak-uang-pangkal-dilanjutkan-menginap-di-depan-rektorat http://www.tribunnews.com/regional/2018/06/05/demo-mahasiswa-unnes-menolak-uang-pangkal-dilanjutkan-menginap-di-depan-rektorat http://www.tribunnews.com/regional/2018/06/05/demo-mahasiswa-unnes-menolak-uang-pangkal-dilanjutkan-menginap-di-depan-rektorat https://www.kompasiana.com/tautawtau/550b3ec3a33311b0142e39e1/kritis-pada-diri-mahasiswa-untuk-perubahan https://www.kompasiana.com/tautawtau/550b3ec3a33311b0142e39e1/kritis-pada-diri-mahasiswa-untuk-perubahan https://news.okezone.com/read/2014/12/01/65/1072809/membangun-sikap-kritis https://news.okezone.com/read/2014/12/01/65/1072809/membangun-sikap-kritis https://www.suaramerdeka.com/news/baca/92227/ratusan-mahasiswa-unnes-demo-tolak-uang-pangkal https://www.suaramerdeka.com/news/baca/92227/ratusan-mahasiswa-unnes-demo-tolak-uang-pangkal r. arifin, et.al. 128 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) quote the important thing is not to stop questioning. curiosity has its own reason for existing. albert einstein law and leadership style indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 195 law and leadership style: how could the leader promote the effective law enforcement egitya firdausyah1 , muh ashraff2 1,2 politeknik ilmu pemasyarakatan, depok, jawa barat, indonesia corresponding author: egitya24@gmail.com abstract: according to pp number 27 of 1983, state detention centers, hereinafter referred to as detention centers, are places for suspects and defendants to be detained during the process of investigation, prosecution and examination at court proceedings. in carrying out the duties and authority of the detention center, it is certainly controlled by a leader. in this case the leader in question is the head of the detention center. the head of the detention center in running the leadership wheel must have the skills to lead subordinates. there are several styles or models of leadership, one of which is the situational leadership style, where the leader is more concerned with the situation, when to be pushy and when to moderate. leadership is certainly associated with performance. performance is a result of both the quality and quantity performed by officers in carrying out their work. from this understanding, researchers are interested in conducting research related to the influence of situational leadership style on the performance of correctional officers using the correlation method where the independent variable is the influence of the situational leadership style, and the dependent variable is the performance of correctional officers in class iia pekalongan detention center. based on the statistical data analysis that the researchers conducted, it can be concluded that the situational leadership style has an effect on the performance of correctional officers in the class iia pekalongan detention center keywords: situational leadership, law and leadership, correctional institution, effective law enforcement how to cite: firdausyah, e., & ashraff, m. (2021). law and leadership style: how could the leader promote the effective law enforcement? (case of correctional institution class iia pekalongan). indonesian journal of advocacy and legal services, 3(2), 195-206. https://doi.org/10.15294/ijals.v3i2.47470 issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 2 (2021): 195-206 doi: 10.15294/ijals.v3i2.47470 submitted: 13 july 2021 revised: 15 august 2021 accepted: 1 september 2021 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ e. firdausyah & m. ashraff 196 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction rutan is one of the correctional technical implementation units (upt) located in every region in indonesia. according to pp no. 27/1983, the state detention center, hereinafter referred to as rutan, is a place where a suspect or defendant is detained during the process of investigation, prosecution, and examination in court. while the definition of a defendant according to the criminal procedure code is a suspect who is prosecuted, examined and tried in court. detention center occupants, hereinafter referred to as detainees, are suspects or defendants who are placed in detention centers/branches of detention centers. a suspect is a person who because of his actions or circumstances, based on preliminary evidence, should be suspected as a criminal act (kuhap). rutan has a function as a place of treatment for prisoners during the trial process. correctional officers in accordance with law number 12 of 1995 article 8 paragraph (1), as referred to in article 7 paragraph (1) are functional law enforcement officials who carry out tasks in the field of coaching, securing, and mentoring correctional inmates. in this case, correctional officers are officials who carry out their duties in the detention center to provide care services to prisoners. in providing services, a correctional officer must carry out his responsibilities as a form of good performance. mangkunegara (2001) in nugraha, states that work performance or performance is a result of work both in quality and quantity that has been achieved by an employee in carrying out his duties and in accordance with the responsibilities given.1 a person's performance in carrying out his duties can be measured by four elements as stated by bernardin & russel) in syah and santoso (2017)2, including the following. 1) quality, where an employee has determination and thoroughness in carrying out tasks in accordance with his work. 2) quantity, namely how much work has been completed by the employee, the number or results of production, and the timeliness in completing the task. 1 nugraha, roni rahmat. 2020. pengaruh gaya kepemimpinan situasional terhadap kinerja pegawai di pusat pengembangan sumber daya manusia aparatur, badan pengembangan sdm esdm. bandung. 2 syah, m., and b. santoso. 2017. “pengaruh gaya kepemimpinan situasional dan komunikasi organisasi terhadap kinerja karyawan (studi eksplanatif kuantitatif pada cv. putra nugraha sentosa ….” universitas muhammadiyah surakarta. law and leadership style indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 197 3) time savings, if an employee can carry out a job based on the maximum speed achieved. this means that in time saving is measuring how much time it takes an employee to complete a job. 4) cost efficiency, which is where an employee is able to optimally complete the job without using excessive resources. in addition to the four general elements above, assessing performance can be done through four dimensions that can be used as benchmarks as referred to by milner's measurement (sudarmanto, 2009:11) in wahyuningtyas and erianto (2011)3, including the following. 1) quality: relates to error rate, accuracy and damage. quality in work will produce work with good quality and in accordance with predetermined standards. the benchmarks in assessing the quality of work are the following indicators: a) accuracy; b) accuracy; c) neatness; and 5) the cleanliness of the work. 2) quantity: relates to the amount or amount of work produced or completed in accordance with working time, namely how quickly the employee completes his work. 3) use of time at work: related to absenteeism such as absenteeism, tardiness, and effective working time or lost working hours. the use of time in work is closely related to the amount of time needed by a person to complete his work. 4) cooperation with other people at work: related to the ability of an employee to work together in a group or organization in carrying out group tasks. where an employee increases or decreases his performance when working with other employees. performance appraisal in an organization such as in a detention center is important to do to get good work results. in a correctional upt, performance appraisals can be made to the head of the detention center, the head of the kpr, the head of subsidy, and the staff, who form an organizational structure. in (badu and djafri 2017), structure is the relationship between functions in an organization. thus, the organizational structure is a correlation between employees and the correlation between employees and their duties and functions as members of the implementing group. based on the organizational structure, of course there is the highest structure commonly referred to as a leader, a leader must have leadership 3 wahyuningtyas, ratri, and lutfi dwi erianto. 2011. “kinerja pegawai unit pelayan jaringan pt . pln ( persero ) bandung.” 1(1):1–13. e. firdausyah & m. ashraff 198 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) skills, namely leadership. leadership according to stogdill in toana (2018)4, is mapped in the following criteria: (1) leadership as a group process, (2) leadership as a personality that results, (3) leadership as the art of creating agreement, (4) leadership as the ability to influence, (5 ) leadership as an act of behavior, (6) leadership as a form of persuasion, (7) leadership as a power relationship, (8) leadership as a means of achieving goals, (9) leadership as a result of interaction, (10) leadership as a separation of roles, and ( 11) leadership as the beginning of the structure. along with the development of the times, leadership is not only based in one way but has formed several kinds of styles. because leadership is an art that is static, meaning it can develop according to need. such things are then called all leadership styles. leadership style according to hersey and blanchard (2002; 114) in untari (2015)5, is a pattern of behavior carried out by a person in influencing the activities of others or the people he leads as perceived or thought by people. others or the person they lead. one of the ideal leadership styles is the situational style. as in (nofita sari and kartika sari 2020), situational leadership is the ideal leadership style, because of its firm and disciplined characteristics but still pays attention to and considers the abilities of subordinates as the person being led. situational leadership style in which the leader is more concerned with the situation. when to be pushy and when to be moderate, and in what situations the leader should give freedom to subordinates. situational leadership style is influenced by several factors as stated by stephen p. robbins in (fauzia, rubini, and sunaryo 2018) including: (1) telling, (2) selling, (3) participating, and (4) delegating. of the four factors described in more detail by hersey and blanchard in (thoha, 2007:318) in (liow, pioh, and waworundeng 2018) into four styles in situational leadership as follows. 1) instructional style: the leader provides direction regarding the task at hand and provides little support in terms of relationships. leaders carry out one-way communication by giving specific instructions regarding the roles and goals of their subordinates, and carry out strict supervision of the implementation of their duties. the leader is fully responsible for problem solving and decision making. the leader defines the role and tells 4 toana, ahmad averus. 2018. “kepemimpinan situasional dalam kebijakan publik.” jurnal kebijakan pemerintahan 1(2):91–102. doi: 10.33701/jkp.v1ino.2.1099. 5 untari, riski dwi. dkk. 2015. “pengaruh gaya kepemimpinan situasional terhadap kinerja aparatur desa di desa tamansari kecamatan wuluhan kabupaten jember.” e-journal ilmu administrasi negara universitas jember 1(1):1–15. law and leadership style indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 199 his subordinates about what, where, how, who, and when to carry out the task. 2) consulting style: the leader directs and provides a lot of support. the consulting style leader has the will to explain the decisions and policies that will be taken and accept opinions from his subordinates, but the leader still provides supervision to his subordinates in completing the given task. decision making is in the hands of the leader and there is a two-way communication between the leader and his subordinates. 3) participation style: leaders often provide support and provide little direction. the leader makes decisions together with his subordinates and exchanges ideas or ideas, and supports the efforts of his subordinates in completing tasks. control over problem solving and decision making is held alternately by the leader and subordinates. two-way communication is enhanced and the leader is actively listening. 4) delegation style: the leader provides little support and direction. the leader fully delegates all decisions and responsibility for carrying out tasks to his subordinates. so that the leader does not have control to decide on how to carry out the task. subordinates are given ample opportunity to carry out their own instructions because they are considered to have the ability to assume responsibility for directing their own behavior. the authority, duties and responsibilities for the treatment of prisoners in the detention center according to article 4 of pp no. 58/1999, rest with the minister and are carried out by the head of the detention center. the head of the detention center is in charge of: a) implementing the treatment program; b) keep prisoners from escaping; and c) assisting the smooth process of investigation, prosecution and examination in court. according to cunningham and cordeiro (2003:140-141) in (nugraha 2020), leadership style will affect the behavior of subordinates, especially the behavior of subordinates who support the use of the preferred style. according to formenky (2015) in kadek fajar( 2016)6, leaders can shape their employees to be the best. based on this description, the author will formulate a problem regarding the relationship between situational leadership style on the performance of correctional officers in the class iia pekalongan rutan. 6 kadek fajar. 2016. “pengaruh gaya kepemimpinan situasional, budaya organisasi dan motivasi pada kinerja karyawan di pt bank pembangunan daerah bali cabang badung.” ekonomi dan bisnis universitas udayana 11(5):3823–56 e. firdausyah & m. ashraff 200 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) b. method the research was conducted in class iia pekalongan rutan. the research was conducted in march 2021. this type of research is descriptive, namely research by analyzing in depth the data and facts that have been collected which are then taken into research and presented as is without engineering. in addition, the correlation method is also used which aims to see the relationship between one variable and another variable. in this case the independent variable is the influence of situational leadership style, while the dependent variable is the performance of correctional officers at the class iia pekalongan rutan. data analysis used statistical test tools such as cross tabulation, correlation test, and regression test. primary data collection used a questionnaire given to correctional officers at the class iia rutan pekalongan. while for secondary data using content analysis, namely by collecting and analyzing the content of the text. the content of the text that the researcher analyzed came from books, articles, and journals. the author uses an objective and systematic counting and recording procedure to produce a numerical description of the contents of the text. c. result and discussion 1. analysis of the effect of situational leadership style on the performance of correctional officers in class iia pekalongan rutan using cross tabulation to explain the relationship between the level of influence of situational leadership style on the level of performance of correctional officers at the class iia pekalongan rutan, the authors use cross tabulation which is described in the following table. table 1. cross tabulation category correctional officer performance level total low tall level category leadership style situation pinna -onal low 1 50% 1 50% 2 100% tall 0 0 18 100% 18 100% total 1 5% 19 95% 20 100% law and leadership style indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 201 based on the results of the cross tabulation analysis, the following data were obtained. a. based on 2 respondents who have a low level of situational leadership style have a high level of performance of correctional officers by 50%, the remaining 50% have a low level of performance of correctional officers. b. based on 18 respondents who have a high level of situational leadership style have a high level of performance of correctional officers by 100%. c. based on the total number of respondents as many as 20 correctional officers at the class iia pekalongan rutan, the performance level of correctional officers is influenced by a high level of situational leadership style of 95.0% and a low level of situational leadership style of 5.0%. 2. analysis of the effect of situational leadership style on the performance of correctional officers in class iia pekalongan rutan using correlation test table 2. correlation test vartot iv var tot dvd vartotiv pearson correlation sig. (2-tailed) n 1 20 0.598 0.005 20 vartotdv pearson correlation sig. (2-tailed) n 0.598 0.005 20 1 20 based on the results of the correlation test analysis obtained the following data. a. make a hypothesis h0 (hypothesis 0) and ha (alternative hypothesis). h0 is a hypothesis that is not expected by the researcher. so h0 means that there is no relationship/correlation between the variable level of situational leadership style and the level of performance of correctional officers at the class iia pekalongan rutan. while ha is the hypothesis expected by the researcher. then ha means that there is a e. firdausyah & m. ashraff 202 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) relationship/correlation between the variable level of situational leadership style and the level of performance of the correctional officer at the class iia pekalongan prison. b. decision making whether to reject or accept h0. so, the decision-making guideline is if the value of sig. (2-tailed/significant on both sides) < 0.05 then h0 is rejected, and ha is accepted. from the output value, it can be seen that the value of sig. (2-tailed) = 0.005 then h0 is rejected, and ha is accepted. so there is a relationship between the level of situational leadership style and the performance level of the correctional officer at the class iia pekalongan prison. c. determine the strength relationship (r) between the iv and dv variables. the strength guidelines are divided into 5 categories of 20 percent, namely: – 0-0.2 is very weak – 0.21-0.4 is weak – 0.41-0.6 is sufficient – 0.61-0.8 is strong – 0.81-1 is very strong from the output results, the pearson correlation value is 0.598, which means it is sufficient. so the strength of the correlation between the level of situational leadership style and the level of performance of correctional officers at the class iia pekalongan rutan is sufficient. d. the direction of the relationship is divided into 2, namely: 1) positive means that the relationship is unidirectional if x goes up then y goes up, or x goes down then y goes down 2) a negative value means that the relationship is in the opposite direction if x goes up then y goes down, or x goes down then y goes up how to determine a positive or negative value is seen from the value of r. if there is no minus sign (-) in front of the letter r, it is declared a positive value. a negative relationship will be indicated by a minus sign (-) in front of r. from the output above, the relationship is positive because there is no negative sign in front of the r value. so the higher the level of situational leadership style of a leader, the higher the level of law and leadership style indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 203 performance of correctional officers at the class iia pekalongan rutan means the relationship is unidirectional. 3. analysis of the effect of situational leadership style on the performance of correctional officers in class iia pekalongan rutan using regression test table 3. variable entered model variable entered variable removed method 1 vartot iv enter the entered/removed variable determines or explains the iv variable and dv variable (independent variable and dependent variable). the independent variable is a variable that can stand alone while the dependent variable is a variable that cannot stand alone. the entered variable explains the value of variable iv, namely the situational leadership style level variable. so the dv variable is the performance level variable for class iia pekalongan correctional officers. table 4. model summary model r r square adjust r square 1 0.598a 0.358 0.322 the table describes the r value (strength of correlation). so the strength of the correlation between the level of situational leadership style and the level of performance of the correctional officer at the class iia pekalongan prison is 0.598 or sufficient. while the coefficient of determination (r2) is 0.358, meaning that the x variable contributes to the occurrence of the y variable by 35.8% and the remaining 64.2% is explained by other variables. so the variable level of situational leadership style contributes to the performance level of correctional officers at the class iia pekalongan prison by 35.8% and the remaining 64.2% is explained by other variables. e. firdausyah & m. ashraff 204 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) table 5. anova model sum of square mean square sig. regression residual total 634,049 1138,501 1772,550 634,049 63,250 0.005b the anova table function describes whether a regression equation can be created or not. here are the steps. 1) make a hypothesis, h0 and ha. h0 regression equation cannot be created. while ha the regression equation can be made 2) decision making, if the significant value of alpha <0.05 then h0 is rejected. based on the output above, the value of sig. = 0.005 means <0.05 then h0 is rejected and ha is accepted. so a regression equation can be made. table 6. table of coefficients model unstandardized coeficients sig. b std. error constant 20.875 17,548 0.250 vartotiv 0.798 0.251 0.005 the formula of the regression equation is y= a+b x+e. with y= dv, a= constant, b= coefficient, x= iv, and e= error (other variables). based on the output data above, then the regression equation is, y = 20.875 + 0.798 x + e = 21.673. d. conclusion based on the results of the analysis using cross tabulation, correlation test and regression test, it can be concluded that situational leadership style can affect the performance of correctional officers in rutan class iia pekalongan. based on the first analysis used is cross tabulation analysis, from the results of the analysis it can be concluded that of the 20 respondents, namely class iia pekalongan correctional officers, the performance level of the class iia pekalongan correctional officers is influenced by the high level of situational leadership style of 95.0% as well as a low level of situational leadership style of 5.0%. so situational leadership style can affect the performance of law and leadership style indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 205 correctional officers. the second analysis is using correlation test analysis, it can be concluded that there is a significant relationship between the level of situational leadership style and the level of performance of correctional officers at the class iia pekalongan prison. the relationship between the two variables is positive or unidirectional, so the higher the level of a leader's situational leadership style, the higher the performance level of the pekalongan class iia correctional officer. the third analysis using regression analysis, it can be concluded that the variable level of situational leadership style contributes to the performance level of correctional officers at the class iia pekalongan rutan by 35.8% and the remaining 64.2% is explained by other variables. so that the higher the level of situational leadership style of a leader, the higher the performance level of the correctional officer at the class iia pekalongan prison. the third analysis using regression analysis, it can be concluded that the variable level of situational leadership style contributes to the performance level of correctional officers at the class iia pekalongan rutan by 35.8% and the remaining 64.2% is explained by other variables. so that the higher the level of situational leadership style of a leader, the higher the performance level of the correctional officer at the class iia pekalongan prison. the third analysis using regression analysis, it can be concluded that the variable level of situational leadership style contributes to the performance level of correctional officers at the class iia pekalongan rutan by 35.8% and the remaining 64.2% is explained by other variables. the purpose of this study was to determine the effect of situational leadership style on the performance level of correctional officers in the class iia rutan pekalongan. so it is hoped that the results of the analysis that have been carried out can be used to evaluate the leadership carried out by leaders in an institution, company, or organization. for further research, other variables can be used to explain the influence of situational leadership style on the level of performance of community workers. e. acknowledgments none. f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. 4. funding none. e. firdausyah & m. ashraff 206 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) g. references ashari, bella harum, berto mulia wibawa, and satria fadil persada. 2017. “analisis deskriptif dan tabulasi silang pada universitas di kota surabaya ).” jurnal sains dan seni its 6(1):17–21. badu, syamsu q., and novianty djafri. 2017. kepemimpinan dan perilaku organisasi. edited by ideas. kota gorontalo: ideas. fauzia, heni hikmayani, bibin rubini, and widodo sunaryo. 2018. “kepemimpinan situasional dan komunikasi interpersonal dalam meningkatkan komitmen guru.” jurnal manajemen pendidikan 6(2):607–16. kadek fajar. 2016. “pengaruh gaya kepemimpinan situasional, budaya organisasi dan motivasi pada kinerja karyawan di pt bank pembangunan daerah bali cabang badung.” ekonomi dan bisnis universitas udayana 11(5):3823–56. liow, swingli r., novie pioh, and welly waworundeng. 2018. “kepemimpinan situasional bupati periode 2013-2018 dalam penyelenggaraan pemerintahan di kabupaten minahasa.” jurnal eksekutif 1(1):1–11. nofita sari, shinta, and fitri kartika sari. 2020. “gaya kepemimpinan situasional di perpustakaan jaringan dokumentasi dan informasi hukum kabupaten sleman.” jurnal pustaka ilmiah 6(1):987. doi: 10.20961/jpi.v6i1.41098. nugraha, roni rahmat. 2020. pengaruh gaya kepemimpinan situasional terhadap kinerja pegawai di pusat pengembangan sumber daya manusia aparatur, badan pengembangan sdm esdm. bandung. syah, m., and b. santoso. 2017. “pengaruh gaya kepemimpinan situasional dan komunikasi organisasi terhadap kinerja karyawan (studi eksplanatif kuantitatif pada cv. putra nugraha sentosa ….” universitas muhammadiyah surakarta. toana, ahmad averus. 2018. “kepemimpinan situasional dalam kebijakan publik.” jurnal kebijakan pemerintahan 1(2):91–102. doi: 10.33701/jkp.v1ino.2.1099. untari, riski dwi. dkk. 2015. “pengaruh gaya kepemimpinan situasional terhadap kinerja aparatur desa di desa tamansari kecamatan wuluhan kabupaten jember.” e-journal ilmu administrasi negara universitas jember 1(1):1–15. wahyuningtyas, ratri, and lutfi dwi erianto. 2011. “kinerja pegawai unit pelayan jaringan pt . pln ( persero ) bandung.” 1(1):1–13. attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this 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this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20ceee4e2085 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 155 multi-sector collaboration in legal protection for teachers and students amidst of covid-19 pandemic (case of mirit kebumen, indonesia) surip surip1, rasdi rasdi2 , ahsana nadiyya3 , ridwan arifin4 , dwi bagus kurniawan5 1 persatuan guru republik indonesia kecamatan mirit, kebumen 2,3,4,5 faculty of law, universitas negeri semarang, indonesia corresponding author: mr.rasdi@mail.unnes.ac.id abstract: the covid-19 pandemic has become one of the most unexpected problems and has had a significant impact on all sectors. not only the health sector, but also education. the pandemic is forcing all parties to change the pattern and method of education, as well as forcing them to adapt quickly. various learning process activities are carried out online, but various research results show the weaknesses of this method. starting from the effectiveness of the learning process, dependence on communication devices (cell phones and laptops), to various legal problems faced by teachers, students, and parents of students. this service program aims to provide reinforcement in terms of protection for teachers and students during the pandemic by involving multisectors (universities-legal aid institutions-teachers' union). the partner in this activity is the indonesian teachers association (pgri) in mirit district, kebumen regency, central java. the implementation method in this service uses several things, namely: (1) socialization, (2) education, (3) legal assistance, (4) partner networks. through this service program, it is hoped that in addition to realizing collaboration between institutions: the faculty of law unnes-lbh-pgri, it is also hoped that this activity can provide encouragement for teachers in increasing the capacity of legal assistance. keywords: legal protection; collaboration; education policy how to cite: surip, s., rasdi, r., nadiyya, a., arifin, r., & kurniawan, d. b. (2021). multi-sector collaboration in legal protection for teachers and students amidst of covid-19 pandemic (case of mirit kebumen, indonesia). indonesian journal of advocacy and legal services, 3(2), 155-182. https://doi.org/10.15294/ijals.v3i2.50699 issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 2 (2021): 155-182 doi: 10.15294/ijals.v3i2.50699 submitted: 13 july 2021 revised: 15 august 2021 accepted: 1 september 2021 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. https://journal.unnes.ac.id/sju/index.php/ijals/article/view/50699 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/50699 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/50699 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/50699 https://orcid.org/0000-0002-0295-6183 https://orcid.org/0000-0002-0295-6183 https://orcid.org/0000-0001-9744-588x http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ surip, et.al. 156 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction the education sector is one of the sectors affected by the covid-19 pandemic, not only changes in behavior patterns, but various studies also criticize the effectiveness of learning and the rule of law. the rule of law policy in the education sector during the covid-19 pandemic is the main key to the success of teachers, students, and parents in dealing with changing conditions. in addition to the positive impact of these conditions, ranging from increasing technological awareness of students, teachers, and parents to collaboration between parents and teachers in the teaching and learning process, the education sector is more challenged and changes rapidly than conventional patterns (face to face in the classroom, one-to-one). direction, and less innovative) become more modern with learning innovation, role collaboration, and the use of technology1. however, covid-19 has also had a significant impact (negative impact) on the education sector. starting from the findings of several studies that show low student learning outcomes, decreased student motivation and character, to various phenomena of domestic violence due to the online learning process.2. in fact, education is important in character building. law of the republic of indonesia number 20 of 2003 concerning the national education system, education is defined as a conscious and planned effort to create a learning atmosphere and learning process so that students actively develop their potential to have religious spiritual strength, self-control, personality, intelligence, morals noble values, as well as the skills needed by the community, nation and state. education is a process in order to influence students so that they can adapt as best they can to their environment and thus will cause changes in themselves that allow them to function in 1 wahyu aji fatma dewi, "the impact of covid-19 on the implementation of online learning in elementary schools," educational: jurnal ilmu pendidikan 2, no. 1 (2020): 55–61, https://doi.org/10.31004/edukatif.v2i1.89; dian ratu, ayu uswatun, and hascaryo pramudibyanto, “education during the covid-19 pandemic,” journal of sinesthesia 10, no. 1 (2020): 41–48, https://sinestesia.librar.my.id/journal/article/view/44; dindin jamaluddin et al., “online learning during the covid-19 pandemic period for prospective teachers: barriers, solutions and projections,” scientific paper at uin sunan gunung djjati bandung, 2020, 1–10, http://digilib.uinsgd.ac. id/30518/; alwazir abdusshomad, "the influence of covid-19 on the implementation of character education and islamic education," qalamuna: journal of education, social and religion 12, no. 2 (2020): 107– 15, https://doi.org/10.37680/qalamuna.v12i2.407; matdio siahaan, "the impact of the covid-19 pandemic on the world of education," journal of scientific studies 1, no. 1 (2020): 73–80, https://doi.org/10.31599/jki.v1i1.265. 2 nelvitia purba et al., “efforts to protect violence in the households during covid-19 in indonesia,” international journal of criminology and sociology 10 (2021): 548–53. multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 157 community life. so, in this effort, the role of the teacher becomes very important3. various policies in the education sector in dealing with covid-19 were also implemented, where basically, the principle of education policy during the covid-19 pandemic is to prioritize the health and safety of students, educators, education staff, families, and society in general, and consider growth and development. students and psychosocial conditions in an effort to fulfil educational services during the covid-19 pandemic4. however, the decision of the ministry of education and culture raises various pros and cons in society, especially the lack of technology knowledge of students, teachers and parents regarding the application of this online method. even though teachers must enrich and upgrade their knowledge, being asked to master various applications that support online learning quickly is not as easy as one might think. likewise with students, maybe for junior high school, high school / vocational students learning and mastering this online application can quickly be done. however, for elementary school students, this is quite difficult to do. finally, like it or not, parents are asked to be involved in this online learning. parents with higher education backgrounds will easily adapt. while parents with low educational background, they will just give up if for weeks and they cannot follow the learning process and do not even get a grade at all. there are even students who are constrained by not having adequate communication tools due to the economic conditions of poor families.5 3 tri rezki andika panjaitan, mahzaniar mahzaniar, and herlina hanum, "juridical review on legal protection for teachers regarding punishment actions for efforts to discipline students (case study of sd 117513 pulo tarutung)," proceedings of the national seminar and expo of research and service results society 2, no. 1 (2019): 1404– 8; ridwan arifin, rasdi rasdi, and riska alkadri, “an overview of law enforcement issues and the fulfillment of rights in the context of universalism and human rights relativism in indonesia,” legal scientific journal legality 26, no. 1 (2018): 17, https://doi.org/10.22219/jihl.v26i1.6612; harpani matnuh, “legal protection of teacher professionalism,” journal of citizenship education 7, no. 2 (2017): 46–50; ria widarsih and nahiyah jaidi faraz, "evaluation of junior high school social studies teacher performance based on teacher competency standards in kebumen regency," social harmony: social studies education journal 3, no. 2 (2016): 177–87, online: http://journal.uny.ac.id/index.php/hsjpi%0aevaluasi; ikbal barlian, "important teaching and learning strategy," journal of social forum 6, no. 1 (2013): 241–46. 4 dewi, “dampak covid-19 terhadap implementasi pembelajaran daring di sekolah dasar”; ratu, uswatun, and pramudibyanto, “pendidikan dalam masa pandemi covid19”; siahaan, “dampak pandemi covid-19 terhadap dunia pendidikan”; widya sari, andi muhammad rifki, and mila karmila, “pembelajaran jarak jauh pada masa darurat covid 19,” jurnal mappesona, no. 1 (2020): 12. 5 rahman hasima, “perlindungan hukum terhadap guru dalam penyelenggaraan pendidikan di kota kendari,” jurnal ilmu hukum fakultas hukum universitas riau 9, no. 2 (2020): 190–209; ratu, uswatun, and pramudibyanto, “pendidikan dalam masa pandemi covid-19”; yenny aman serah and rini setiawati, “non-penal policy against surip, et.al. 158 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) therefore, in dealing with various problems that exist during the learning process during the covid-19 pandemic, mentoring for teachers and students is important. not only assistance in the learning and teaching process but also legal assistance to deal with various legal problems that arise during the online teaching and learning process.6 the problem of online learning is not only faced by teachers and students, but also parents of students. in the early stages of the initial data survey conducted by the proposing team, it was found that several problems faced by partners were as follows: 1) the capacity of human resources in online learning, including: a) the technology gap between teachers, students and parents in the online learning process; b) online learning methods that are deemed ineffective in testing students' abilities; and c) the role of parents is not optimal because the majority of parents work as farmers and in the fields. 2) facilities and infrastructure during online learning, including: a) availability of electronic devices (cell phones or laptops) in online learning for teachers and students; b) limited signal or telecommunications network; c) the health of students and teachers during the online learning process; and d) limitations of innovative methods in online learning. 3) legal assistance and counselling for teachers, students and parents, including: a) the unavailability of legal assistance for teachers and students in solving problems during the online learning process; b) the absence of teacher legal aid institutions for legal assistance; c) inadequate information for teachers, students, and parents in solving problems during the online learning process; and d) the absence of multi-sector collaboration involving non-governmental organizations and universities in optimizing online learning and mentoring for teachers and students. teacher criminalization,” journal of critical reviews 7, no. 14 (2020): 656–60, https://doi.org/10.31838/jcr.07.14.115. 6 jamaluddin et al., “pembelajaran daring masa pandemik covid-19 pada calon guru : hambatan, solusi dan proyeksi”; brian a. jacob, “the effect of employment protection on teacher effort,” journal of labor economics 31, no. 4 (2013): 727–61, https://doi.org/10.1086/669942; yenny serah and rini setiawati, “fulfillment of teacher protection rights,” annual program of international conference on human rights 1, no. 1 (2019): 1–10. multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 159 the problems faced by these partners, through this service, they are able to provide several related solutions, including: 1) provide and introduce legal assistance for teachers and students in kebumen regency. 2) equip teachers in improving legal counselling skills for students during online learning. 3) providing legal assistance capacity strengthening for teachers and students through multi-sector collaboration. 4) provide a forum for teachers and students related to solving problems related to law during the online learning process. 5) provide regular and continuous training for teachers and students in increasing their capacity both related to the teaching and learning process and other supporting capacities. b. literature review 1. legal protection theory legal protection is the right of everyone, regardless of the work and profession they carry out. legal protection is a constitutional right of every person. this is clearly stated in article 28d paragraph (1) of the 1945 constitution which reads, "everyone has the right to recognition, guarantee, protection and fair legal certainty and equal treatment before the law. as mandated in the 1945 constitution article 31 paragraph (3) which reads: "the government seeks and organizes a national education system that increases faith and piety and noble character in the context of educating the nation's life," and paragraph (5) which reads: "the government advances science knowledge and technology by upholding religious values and national unity for the advancement of civilization and the welfare of mankind.” according to cst kansil legal protection are various legal efforts that must be provided by law enforcement officers to provide a sense of security, both mentally and physically from disturbances and various threats from any party.7 protection in a simple sense can be interpreted as an effort to gain a sense of security, kept away from threats, calamity and fear. thus, legal protection for teachers can be interpreted as protection provided by law to 7 hasnawi haris and herman, “development of a protection model for teachers as professional educators in the indonesian legal system” 473, no. icss (2020): 759–62, https://doi.org/10.2991/assehr.k.201014.164; serah and setiawati, “fulfillment of teacher protection rights”; r. arifin, “legal protection and law enforcement: the unfinished works,” indonesian journal of advocacy and legal services 2, no. 1 (2020): 1–4; yenny serah and r setiawati, “urgency formation of legal service institutions and teacher protection,” 2020, 1–8, https://doi.org/10.4108/eai.26-11-2019.2295209. surip, et.al. 160 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) teachers, from various threats of violence, threats, discriminatory treatment, intimidation and unfair treatment. in article 39 paragraph 1 of pp no. 74 of 2008 it is stated that "teachers have the freedom to give sanctions to their students who violate religious norms, moral norms, norms of decency, written and unwritten regulations set by the teacher, education unit level regulations, and statutory regulations. invitation in the learning process which is under his authority."8 meanwhile, article 39 paragraph 2 of pp no. 74 of 2008 states that sanctions can be in the form of reprimands and/or warnings, both oral and written, as well as educative punishments in accordance with educational rules, teacher code of ethics, and laws and regulations. violations of educational unit regulations committed by students whose sanctions are beyond the authority of the teacher, are reported by the teacher to the education unit leader. violations of laws and regulations committed by students are reported by the teacher to the leader of the education unit to be followed up in accordance with the provisions of the legislation. furthermore, article 40 of government regulation no. 74 of 2008 states that teachers are entitled to protection in carrying out their duties in the form of a sense of security and safety guarantees from the government, regional governments, educational units, teacher professional organizations, and/or the community in accordance with their respective authorities. a sense of security and guarantee of safety in carrying out their duties is obtained by the teacher through the protection of: a. law; b. profession; and c. occupational safety and health. community, teacher professional organizations, government or local governments can help each other in providing protection. basically, the protection against acts as detailed above, is not limited to the capacity as a teacher, but also in his status as a citizen, such protection is an obligation of the state to its citizens. indonesia is a state of law, this is clearly stated in the 1945 constitution. one of the elements of a state of law is the guarantee of human rights and equality before the law. this has been formulated in detail in articles 28a to 28j of the 1945 constitution. the solution to every legal problem lies in how the law enforcement process is carried out. law enforcement is the process of making efforts to enforce or actually function legal norms as guidelines for behavior in traffic or legal relationships in social and state life. 8 dwi sulisworo, rahmad nasir, and ika maryani, “identification of teachers’ problems in indonesia on facing global community,” international journal of research studies in education 6, no. 2 (2016), https://doi.org/10.5861/ijrse.2016.1519. multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 161 juridically, the law on the protection of teachers and lecturers has been contained in law no. 14 of 2005. this is clearly seen in chapter vii article 39 which states that teachers are entitled to protection in carrying out their duties in the form of a sense of security and safety guarantees from the government, regional government, education units, teacher professional organizations, and/or the community in accordance with their respective authorities. departing from the explanation above, it can be seen that the existence of law no. 14 of 2005 has contained protection for teachers for their profession. however, the implementation of the law has not yet been implemented. the law is mostly highlighted as a legal force for improving the welfare of teachers/lecturers, while the protection of the profession of teachers/lecturers is often overlooked. legal protection of teachers in their profession, in some studies confirmed that as a profession, in working teachers need guarantees and protection of certain laws and regulations. this is very important so that in addition to getting a sense of security, they also have clarity about their rights and obligations, what they can and cannot do, and what other parties can and cannot do to them, both as human beings, educators, and workers.9 as educators, teachers are often in a dilemmatic position, between the demands of the profession and the treatment of society. teachers are required to be able to deliver students to achieve educational goals. however, the teacher's efforts to enforce discipline, teachers collided with the child protection act and the indonesian child protection commission (kpai). if teachers fail to enforce the discipline of their students and fail to deliver students to the achievement of educational goals, the educator will again become a target for these failures. when teachers want to punish their students in order to enforce discipline, then spontaneously parents and the community categorize it as an act of violating human rights and law number 35 of 2014 concerning child protection. they then report the teacher's actions to the police or to kpai. due to the existence of kpai and law number 35 of 2014 concerning child 9 serah and setiawati, “non-penal policy against teacher criminalization”; serah and setiawati, “urgency formation of legal service institutions and teacher protection”; panjaitan, mahzaniar, and hanum, “tinjauan yuridis tentang perlindungan hukum bagi guru terkait tindakan pemberian hukuman (punishment) terhadap upaya mendisiplinkan siswanya (studi kasus sd 117513 pulo tarutung)”; fokky fuad, istiqomah istiqomah, and suparji achmad, “dialektika perlindungan hukum bagi guru dalam mendisiplinkan siswa di sekolah,” indonesian journal of law and policy studies 1, no. 1 (2020): 55, https://doi.org/10.31000/ijlp.v1i1.2634; endang komara, “perlindungan profesi guru di indonesia,” mimbar pendidikan 1, no. 2 (2016): 151, https://doi.org/10.17509/mimbardik.v1i2.3938. surip, et.al. 162 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) protection, the existence of teachers is in a very passive position and becomes a figure that is awry. one example of a case, in 2015 ago there was a criminalization case that befell the teacher profession. a teacher named raden darajat imandi who lives in subang, west java, was questioned by investigators from the subang police on suspicion of neglecting his student when another student was pinched. the public reacted strongly to the news. in addition, there are also many other similar cases in central java. the public considered that in the past, if students complained to their parents because they were sanctioned by the teacher, they would be scolded or even given additional punishment by their parents. this is different from the current situation, where parents defend their children fiercely and even report teachers who give sanctions to the authorities. even though law number 14 of 2005 concerning teachers and lecturers has explicitly protected the teaching profession and lecturers, in the field of implementation the power of the act still does not appear to contribute to the fate of teachers/lecturers as educators. for this reason, it is time and place for teachers/lecturers to build the power of solidarity to encourage the government to improve the working conditions of teachers and protect their profession with clear legal force. law number 14 of 2005 concerning teachers and lecturers as a whole is basically a guarantee and protection for teachers and lecturers in carrying out their profession. one of the rights of teachers is the right to obtain protection in carrying out their duties and intellectual property rights. in article 39 of law number 14 of 2005 concerning teachers and lecturers, section 7 concerning protection, it is stated that many parties are obliged to provide protection to teachers, the following areas of protection are as follows. 1. the government, local government, community, professional organizations, and/or education units are obliged to provide protection to teachers in carrying out their duties. 2. the protection includes legal protection, professional protection and occupational safety and health protection. 3. legal protection includes protection against acts of violence, threats, discriminatory, discriminatory, intimidating or unfair treatment on the part of students, parents of students, society, bureaucracy or other parties. 4. professional protection includes protection against layoffs that are not in accordance with statutory regulations, unreasonable rewards, restrictions on expressing views, harassment of the profession and other multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 163 restrictions/prohibitions that can hinder teachers from carrying out their duties. 5. occupational safety and health protection includes protection against the risk of work security disturbances, work accidents, fires at work, natural disasters, occupational health and/or other risks. based on the mandate of article 39 of law number 14 of 2005 concerning teachers and lecturers as mentioned above, it can be stated that the realm of legal protection for teachers covers all dimensions related to efforts to realize legal certainty, health, safety, and comfort for teachers in carrying out their professional duties. . the presence of regulations governing the protection of the teaching profession has become an urgent demand to be realized. in order for the education process to be good and teachers carry out their duties professionally, the role of the central and local government as well as the community is needed in order to create teachers who have dignity and are protected by law in carrying out their profession in order to create maximum quality achievement, this is in accordance with the mandate of law no. 20 of 2003 concerning the national education system (sisdiknas).10 law on teachers and lecturers is really needed to complement law no. 20 of 2003 concerning the national education system. article 39 paragraph (2) of law number 20 of 2003 concerning the national education system states that educators are professionals. position teacher and lecturers as professionals aim to implement the national education system and realize the goals of national education, namely the development of the potential of students to become human beings who believe and fear god almighty, have noble character, are healthy, knowledgeable, capable, creative, independent, and become democratic and responsible citizens. the position of teachers as professionals serves to increase the dignity of teachers and their role as learning agents to improve the quality of national education. in line with this function, the position of teachers as professionals aims to implement the national education system and realize the goals of national education, namely the development of the potential of students to become human beings who believe and fear god almighty, have noble character, are healthy, knowledgeable, capable, creative, be independent, and become a democratic and responsible citizen. 2. legal aid concept 10 jamaluddin et al., “pembelajaran daring masa pandemik covid-19 pada calon guru : hambatan, solusi dan proyeksi”; sulisworo, nasir, and maryani, “identification of teachers’ problems in indonesia on facing global community.” http://www.tintaguru.com/ surip, et.al. 164 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) basically, legal aid comes from the word "assistance" in the big indonesian dictionary (kbbi) which means help or support, namely help without expecting anything in return. the word "law" contains the overall meaning of rules or norms, values as instructions or guidelines regarding an aspect of community life with a view to creating coercive peace to protect human interests in society. the term legal aid in indonesia can be said to be a new thing compared to western countries. indonesian people only knew him around the seventies. the concept and idea of legal aid in indonesia is essentially inseparable from the current development of legal aid in developed countries. providing an understanding or formulating a definition of legal aid is not an easy matter because the complexity of the problem is not only regarding the law and the development of the community but also regarding the existence and program of legal aid itself. despite the various complexities referred to above, the definition of legal aid itself is found in various laws and according to experts. 1) definition of legal aid in legislation a) law number 8 of 1981 concerning the criminal procedure code not a single article in the criminal procedure code (kuhap) provides a definition of legal aid, but the term providing legal aid in the criminal procedure code is only a legal basis for the poor (poor) who are having problems in the criminal law area. the kuhap only mentions a little about legal aid, the thing that is mentioned about legal aid regulated in the kuhap is only about the condition of how the suspect or defendant gets legal assistance and does not explain clearly what exactly is meant by legal aid in the kuhap itself. at a glance, the definition of legal aid is stated in article 1 point 13 which reads: a legal advisor is a person who meets the requirements determined by or based on the law to provide legal assistance.11 if this understanding is used, it means that the legal aid referred to in the criminal procedure code includes the provision of professional and formal legal assistance, namely in the form of providing legal aid services for everyone who is in a criminal case. from the understanding contained in article 1 point 13, it implies that the 11 suwari akhmaddhian, “bantuan hukum bagi tenaga pendidik dan kependidikan di desa mancagar kabupaten kuningan, indonesia,” empowerment: jurnal pengabdian masyarakat 1, no. 1 (2018): 72–78; fachrizal afandi, “implementasi pengabdian masyarakat berbasis access to justice pada lembaga bantuan hukum kampus negeri pasca pemberlakuan undang-undang bantuan hukum,” jurnal rechts vinding: media pembinaan hukum nasional 2, no. 1 (2013): 31, https://doi.org/10.33331/rechtsvinding.v2i1.80. multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 165 guarantee of providing free legal aid has not been fully regulated. although further explanation is in the following articles, a glimpse of legal aid in the criminal procedure code as regulated in articles 5412 to 65 of the criminal procedure code only emphasizes the right of a suspect or defendant to obtain legal assistance from a legal advisor or more during and during the examination stage. b) law number 18 of 2003 concerning advocates article 1 number 9 the law on advocates states that legal aid is a legal service provided by advocates free of charge to clients who cannot afford it. c) law number 16 of 2011 concerning legal aid article 1 point 1 of the law on legal aid states that legal aid is a legal service provided by the legal aid provider free of charge to the legal aid recipient. d) government regulation number 42 of 2013 concerning terms and procedures provision of legal aid and distribution of legal aid funds, in article 1 point 1 states that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. e) permenkumham number 3 of 2013 concerning procedures for verification and accreditation of legal aid institutions or community organizations and minister of law and human rights number 1 of 2018 concerning paralegals in providing legal aid. the two permenkumham above provide the same understanding of legal aid, namely legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. for legal aid recipients as stipulated in the regulation above, what is meant by legal aid recipients are poor people or groups of people which include every person or group of poor people who cannot fulfill their basic rights properly and independently. the basic rights referred to include, among others: the right to food, clothing, health services, education services, employment and business, and/or housing. 2) understanding legal aid according to experts legal aid is an effort to help people who are not capable in the legal field. in a narrow sense, legal aid is legal services provided free of charge to underprivileged clients. legal aid in a broader sense can be interpreted as an effort to help disadvantaged groups in the legal field. in this broader sense, according to nasution this effort has three interrelated aspects, namely: aspects of formulating legal rules; aspects surip, et.al. 166 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) of supervision of the mechanism to keep the rules to be obeyed; and aspects of public education so that the rules are lived up.12 from adnan buyung nasution's thoughts, there are at least two important things related to legal aid in a broad sense13, first it is a movement to increase public legal awareness so that people will realize their rights and obligations as human beings and as citizens. citizen of the republic of indonesia. second, legal aid also means efforts to make legal improvements so that the law can meet the needs of the people and keep up with changing circumstances. the author himself agrees with the three aspects put forward by adnan buyung nasution, because it is very dangerous if the legislators are of the opinion that the current legal regulations are perfect and sufficient to cope with all the needs of the poor in providing legal aid. 3. basic theory and concepts of human rights human rights are said to be human rights are rights that human beings possess because they are human beings.14 as an identity that distinguishes humans from other creatures, it is appropriate that human rights (ham) are universally recognized regardless of skin color, gender, age, cultural background and also religion or spiritual beliefs. in line with the above opinion, asshidiqieemphasized that human rights as rights inherent in humans because of the nature and nature of 12 muhammad ikhsan lubis, “the relationship of international human rights law with international humanitarian law in situations of international armed conflicts” 1, no. 01 (2016): 13–34; imron fauzi, “dinamika kekerasan antara guru dan siswa: studi fenomenologi tentang resistensi antara perlindungan guru dan perlindungan anak,” tarbiyatuna: jurnal pendidikan islam 10, no. 2 (2017): 40–69. 13 hasima, “perlindungan hukum terhadap guru dalam penyelenggaraan pendidikan di kota kendari.” 14 sri rahayu wilujeng, “hak asasi manusia: tinjauan dari aspek historis dan yuridis,” jurnal humanika 18, no. 2 (2013): 162; susani triwahyuningsih, “perlindungan dan penegakan hak asasi manusia (ham) di indonesia,” jurnal hukum legal standing 2, no. 2 (2018): 133–121, https://doi.org/http://dx.doi.org/10.24269/ls.v2i2.1242.; udiyo basuki, “perindungan ham dalam negara hukum indonesia: studi ratifikasi konvensi hak-hak disabilitas (convention on the rights of persons with disabilities),” sosioreligia 10, no. 1 (2012): 17–34, https://www.aifisdigilib.com/uploads/1/3/4/6/13465004/revisi_no_02._perlindungan_hak_asasi_manusia_p enulis_udiyo_basuki.pdf; zainal abidin, “perlindungan hak asasi manusia di indonesia,” makalah pelatihan ham bagi panitia ranham prov. sumatera barat, padang, 13 juni 2013 (jakarta, 2013), https://referensi.elsam.or.id/wp-content/uploads/2014/09/21.perlindungan-hak-asasi-manusia-di-indonesia.pdf; eko hidayat, “perlindungan hak asasi manusia di indonesia dalam negara hukum,” asas: jurnal hukum ekonomi syariah 8, no. 2 (2016): 1–8, https://doi.org/https://doi.org/10.24042/asas.v8i2.1249; arifin, rasdi, and alkadri, “tinjauan atas permasalahan penegakan hukum dan pemenuhan hak dalam konteks universalime dan relativisme hak asasi manusia di indonesia.” multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 167 human birth as human beings.15 it is said to be 'inherent' or 'inherent' because these rights are owned due to the nature of his birth as a human being and not because of a gift from any power organization including the state. it is also said to be 'attached', so basically these rights cannot be taken away or revoked for a moment. the origin of the idea of human rights can be traced back as far back as ancient times with stoic philosophy to modern times. among legal experts, there are three main theories that explain the origin of the thought of human rights, namely natural law theory, positivism, and anti-utilitarianism, as follows. 1) natural law theory the thought which later gave birth to the theory of natural law could not be separated from the influence of the writings of saint thomas aquinas. according to aquinas, natural law is part of god's law that can be known through human reasoning. aquinas's ideas lay the foundations for autonomous individual rights. every human being is given a unique individual identity by god, and this is separated by the state. however, aquinas's idea has been criticized because it is not empirical, how do we know god has given certain rights to everyone. hugo de groot, or as he is known as grotius, further developed aquinas' theory of natural law by breaking its theistic origins and making it a product of rational secular thought. according to grotius, the existence of natural law can be known by using correct reasoning, and the degree of its validity does not depend on god. natural law which is the basis of positive law or written law, can be rationalized by using axial logic and geometry. throughout the 17th century, grotius' views continued to be refined. through this theory, subjective individual rights are accepted and recognized.16 the figures who are considered the most instrumental in laying the foundations of natural law theory are john locke and jj rousseau. in his classic book: "the second treaties of civil government and a letter concerning toleration", john locke put forward a postulation of the idea that all individuals are endowed by nature with inherent rights to life, liberty and property, which are their own and cannot be revoked or stripped down by the state. through a social contract, the protection of this inalienable right is left to the state. if the ruler of the state ignores the social contract by violating the natural rights of individuals, then the people in that state are free to take 15 jimly asshiddiqie, “pancasila dan empat pilar kehidupan berbangsa,” 2019. 16 lael k weis, “constitutional directive principles,” oxford journal of legal studies 37, no. 4 (2017): 916–45, https://doi.org/10.1093/ojls/gqx015. surip, et.al. 168 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) down the ruler and replace him with a government that is willing to respect these rights. rousseau followed the social contract theory. but unlike locke, rousseau said that natural law does not create individual natural rights, but the sovereign rights of citizens as a unit. every right that is derived from a natural law will exist in the citizen as a unit that can be identified through the general will. it was locke's idea of natural rights that underlies the emergence of the rights revolution in the british, united states and french revolutions of the 17th and 18th centuries. natural law theory sees human rights born from god as part of human nature. when humans are born, they are inherent in a number of rights that cannot be replaced or removed, regardless of their religious background, ethnicity, social class, and sexual orientation. 2) positivism or utilitarian theory the idea of human rights based on the view of natural law was seriously challenged in the 19th century. it was edmund burke, an irish national who was troubled by the french revolution, who propagated the "terrible idea of human equality". burke alleges that the compilers of the "declaration of the right of man and of the citizen" are untrue ideas and vain hopes in humans who are destined to live an unclear life with difficulty.17 hume, a scottish philosopher, held the view that the theory of natural law mixes between what is (is) and what ought to be (ought). what exists are facts that can be proven empirically and can be verified. here one cannot argue right or wrong, because its existence can be proven and tested empirically. meanwhile, what should be (ought) is the principle of morality, namely the objective reality that cannot be proven. in morality people can argue right or wrong. according to hume, the law must clearly separate what exists from morality. natural law theory is only in the area of morality and does not depart from the formal legal system. in the view of positivism theory, rights only exist if there is a law that regulates them. morality must also be clearly separated in the legal dimension. the ownership rights of each individual can be enjoyed if it is officially granted by the authorities or the state. and the most prominent in this view is to prioritize the welfare of the majority. meanwhile, minority 17 raed sa faqir, “the philosophy of punishment : a study to the history of classical and positive schools of penology,” forensic research & criminology international journal 1, no. 6 (2015): 4–11, https://doi.org/10.15406/frcij.2015.01.00035; chloë kennedy, “declaring crimes,” oxford journal of legal studies 37, no. 4 (2017): 741–69, https://doi.org/10.1093/ojls/gqx005. multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 169 groups whose preferences are not represented by the majority can be ignored and lose their rights. 3) theory of justice the theory of justice was born from a critique of the theory of positivism. the figures who developed this theory were ronald drowkin and john rawls. drowkin's theory is very much based on the obligation to treat its citizens equally which is carried out by the state. of course, moral values, power, or using other grounds as an excuse to override human rights—except the principle of equal treatment itself. therefore, human rights are intended as a bulwark or trump in terms that are used by themselves or individuals against the will of the public which are detrimental, or which make them not receive the same treatment. but not all rights have a trump nature can be used as a bulwark against the will of the public. rights groups that fall into this group are non-human rights—rights that are not fundamental. example, the right to establish a residence somewhere. rights like this can be violated by the government but if it is based on the reason that there is a greater public interest. another idea is the view of john rawls who later introduced the concept of distributive justice. there are two important things in this case, namely fairness and equality. first, everyone has the same right to the broadest basic liberties, as broad as the same freedoms for all. second, economic and social inequalities must be regulated in such a way as to produce the maximum benefit for those who are most disadvantaged and provide a system of equal access and equal opportunities. according to rawls, in society, every individual has the same rights and freedoms. but these rights and freedoms are often not enjoyed equally—for example, the right for everyone to get an education, but this right cannot be enjoyed by everyone because of poverty. to overcome this, rawls introduced the difference principle. this principle states that equitable distribution of resources should be prioritized, unless it can be proven that an unequal distribution will make the situation of disadvantaged people better.18 in rawls's view, everyone has rights that are based on the concept of justice that is non-negotiable, even related to the issue of public welfare in general. for this reason, justice will be realized if it is based on the principles and positions of their respective origins. in this situation each person will be assumed to choose two basic principles of justice. the first principle is that everyone will be given equal rights. the second principle is equality which is 18 faqir, “the philosophy of punishment : a study to the history of classical and positive schools of penology”; kennedy, “declaring crimes.” surip, et.al. 170 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) based on fair competition and is only justified when it benefits the most disadvantaged party. if there is a conflict between the two, equal freedom must be won from equal opportunities.19 4) theory the work of law in society law as a means of social integration, it will not be possible to work in a vacuum. according to harry c. bredemeier, when law works in a social order, it will always get input from other fields such as economics, politics, and culture. the inputs received by the law become inputs and outputs that are returned to society.20 harry c. bredemeier further said that that is why law in reality functions as a factor in integrating society, so the law must be able to resolve conflicts in an orderly manner, as bredemeier said: “the law function 0f the last is the orderly resolution of conflict”. in principle, the law-making process takes place in four major stages, namely the initiation stage, the socio-political stage and the juridical stage, and the dissemination or dissemination stage. first, the initiation stage is the stage that marks the birth or emergence of an idea in society. second, the activities that take place at this socio-political stage begin with processing, discussing, criticizing, defending the initial ideas that come from the community through the exchange of opinions between various groups and forces in society. third, the juridical stage is the final stage where the idea is elaborated or formulated furthermore technically into legal provisions, including setting legal sanctions. the fourth stage is the dissemination or dissemination stage. is the socialization stage of a legal product. the end result of the entire law-making process as described above is closely related to the typology of the society in which the law is made and enforced. chambliss and seidman make a legal distinction according to "a typology of society based on consensus on values" and "a typology of conflict-based society". according to robert b. seidman and william j. chambliss, that the process of working the law is largely determined by four main components, namely law-making institutions (laws), law enforcement bureaucracies, role holders, and the influence of personal and social forces. the first three 19 rawls. john, a theory of justive (cambridge: the belknap press, 1973); muhammad hashim kamali, freedom, equality and justice in islam (cambridge: the islamic text society, 1999); suwardi sagama, “analisis konsep keadilan, kepastian hukum dan kemanfaatan dalam pengelolaan lingkungan,” mazahib 15, no. 1 (2016): 20–41, https://doi.org/10.21093/mj.v15i1.590. 20 fuad, istiqomah, and achmad, “dialektika perlindungan hukum bagi guru dalam mendisiplinkan siswa di sekolah.” multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 171 components (law-making institutions, law enforcement bureaucracy, and role holders) play a role in the legal corridor, while personal and social forces are "non-legal" components. furthermore, the four components can be described in the propositions of robert b. seidman, as follows: first, every rule of law prescribes how a role occupant is expected to act. (every legal regulation is according to the rules, and instructs the stakeholders to act and behave). second, how a role occupant will act in response to norm of law is function of the rules laid down, their sanctions, the activity of enforcement institutions, and the inherent complex of social, political, and other forces affecting him. (responses and actions taken by stakeholders are feedback from the function of an applicable regulation. including sanctions, namely the performance and policies of implementing agencies/regulations and the strategic environment that influence them). third, how the enforcement institution, will act in response to norm of law is a function of the rule laid down their sanctions, the inherent complex of social, political, and other process affecting them, and the feedbacks from role occupants. (actions taken by regulatory implementing agencies in response to legal regulations are a function of the applicable legal regulations and their sanctions and all forces in the strategic environment that affect them, as feedback from stakeholders or who are subject to laws and regulations). fourth, how the law maker will act is a function of the rules laid down for their behavior their sanctions, the inherent complex of social, political, ideological, and other forces affecting them, and the feedbacks from role occupants and bureaucracy. (what actions are taken by lawmakers, are also a function of the applicable legal regulations, including the sanctions and the influence of all strategic forces on themselves, as well as feedback that comes from stakeholders, implementers, and implementers of regulations). the four propositions above clearly describe how a rule of law works in society. seidman's theory can be used to examine the legal regulations made by state elites, and whether the operation of the law functions properly and is effective in its application in society, or on the contrary it is not working effectively. c. method 1. preliminary activities the implementation of this service activity begins with preliminary activities, where at this stage, the implementation team identifies more deeply and further the problems faced by partners and the solutions that can surip, et.al. 172 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) be offered. problem identification in this stage is carried out through observation methods and questionnaire surveys to activity participants. 2. activity method activities in this service are carried out with several methods as follows, namely: 1) workshops and training this activity is carried out to get more tangible results and clear outcomes, so that workshops and training are carried out regularly and continuously. the workshop and training involved several parties, including the implementing team, expert team, facilitators, and participants. the number of workshops and training in activities is planned for 4 (four) times, with details as follows: no material facilitator location 1 introduction to legal assistance for teachers and students ridwan arifin mirit pgri hall 2 legal assistance techniques for teachers and students rasdi mirit pgri hall 3 multi-sectoral cooperation in legal problem resolution dwi bagus kurniawan mirit pgri hall 4 legal counseling and consulting techniques ahsana nadiyya mirit pgri hall 2) simulation and application simulations are carried out to provide experience to partners through direct applications related to legal assistance. 3) accompaniment the mentoring method is carried out to oversee and assist partner participants on a regular basis in achieving the expected output targets. assistance is carried out in a concrete and applicable manner, where partner participants will be assisted intensively and directly to solve the problems they face. 4) case study the case study method will be given to participants as a stimulus for logical, structured, and critical thinking on various problems in legal multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 173 studies. the case studies offered vary according to the needs of partner participants. d. result and discussion 1. legal protection for teachers in mirit district, kebumen regency legal protection for teachers, refers to law number 14 of 2005 concerning teachers and lecturers (teachers and lecturers law). this provision clearly regulates the rights and obligations of teachers in carrying out their professional duties as teachers. article 14 paragraph (1) of the law on teachers and lecturers emphasizes that in carrying out professional duties, teachers have the right to: a. earn income above the minimum living needs and social welfare guarantees; b. get promotions and awards in accordance with their duties and work performance; c. obtain protection in carrying out their duties and intellectual property rights; d. get the opportunity to improve competence; e. obtain and utilize learning facilities and infrastructure to support the smooth running of professional tasks; f. have the freedom to provide assessments and participate in determining graduation, awards, and/or sanctions to students in accordance with educational rules, teacher code of ethics, and statutory regulations; g. obtain a sense of security and security guarantees in carrying out their duties; h. have the freedom to associate in professional organizations; i. have the opportunity to play a role in the determination of education policy; j. obtain opportunities to develop and improve academic qualifications and competencies; and/or k. receive training and professional development in their field. further provisions regarding teacher rights are regulated by government regulations. article 20 of the law on teachers and lecturers explains that in carrying out professional duties, teachers are obliged to: a. planning learning, implementing quality learning processes, as well as assessing and evaluating learning outcomes; https://www.hukumonline.com/pusatdata/detail/25759/undangundang-nomor-14-tahun-2005?r=0&q=undang-undang%20nomor%2014%20tahun%202005%20tentang%20guru%20dan%20dosen%20&rs=1847&re=2020 https://www.hukumonline.com/pusatdata/detail/25759/undangundang-nomor-14-tahun-2005?r=0&q=undang-undang%20nomor%2014%20tahun%202005%20tentang%20guru%20dan%20dosen%20&rs=1847&re=2020 surip, et.al. 174 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) b. improve and develop academic qualifications and competencies on an ongoing basis in line with the development of science, technology, and the arts; c. act objectively and non-discriminatory on the basis of considerations of gender, religion, ethnicity, race, and certain physical conditions, or family background, and socio-economic status of students in learning; d. uphold the laws and regulations, laws, and teacher code of ethics, as well as religious and ethical values; and e. maintain and foster national unity and integrity. against teachers who violate the obligations above, there is a threat of administrative sanctions to ethics as regulated in the provisions of article 77 of the law on teachers and lecturers which reads: 1. teachers who are appointed by the government or regional governments who do not carry out the obligations as referred to in article 20 are subject to sanctions in accordance with statutory regulations. 2. the sanctions as referred to in paragraph (1) are in the form of: a. reprimand; b. written warning; c. postponement of granting teacher rights; d. demotion; e. honourable dismissal; or f. dishonourable dismissal. 3. teachers with official bond status as referred to in article 22 who do not carry out their duties in accordance with the work agreement or collective work agreement are subject to sanctions in accordance with the official bond agreement. 4. teachers who are appointed by education providers or educational units organized by the community, who do not carry out the obligations as referred to in article 20 are subject to sanctions in accordance with the work agreement or collective work agreement. 5. teachers who violate the code of ethics are subject to sanctions by professional organizations. 6. teachers who are subject to sanctions as referred to in paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5) have the right to defend themselves. referring to the above provisions, it is clearly stated that the law on teachers and lecturers provides legal protection for teachers to carry out their professional duties by giving them the right to have the freedom to give evaluation and participate in determining graduation, awards, and/or multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 175 sanctions to students in accordance with educational rules, teacher code of ethics, and laws and regulations and obtain a sense of security and guarantee of safety in carrying out their duties. however, it is also emphasized that in carrying out their professional duties, teachers are obliged, among other things, to act objectively and nondiscriminatory on the basis of considerations of gender, religion, ethnicity, race, and certain physical conditions, or family background, and socioeconomic status of participants. students in learning and also upholds laws and regulations, laws, and teacher code of ethics, as well as religious and ethical values. thus, the freedom given to teachers in giving sanctions to students must be in accordance with the rules of education, the teacher's code of ethics, and laws and regulations. it is an obligation for teachers to exercise their right to act objectively and non-discriminatory on the basis of considerations of gender, religion, ethnicity, race, and certain physical conditions, or family background, and the socioeconomic status of students in learning and uphold the laws and regulations law, teacher code of ethics, as well as religious and ethical values. when the rights and obligations of teachers have been carried out in a balanced and responsible manner in accordance with the provisions of the law on teachers and lecturers, it is hoped that there will be no problems that lead to reporting of administrative violations, teacher codes of ethics, to reports of criminal law cases or even threats of sanctions that will be the consequences if proven. 2. legal protection collaboration for teachers (multisectoral approach) the association of teachers of the republic of indonesia (pgri) is an association with a legal entity established and managed by teachers as a forum for developing professionalism, fighting for legal protection, and protecting work safety as well as collecting and channelling the aspirations of its members. pgri has a strategic role in reforming national education for its members, pgri plays a role and is responsible and fights for efforts to realize and protect the human rights and dignity of teachers, especially in the aspect of their profession and welfare. as a professional organization, pgri also wants to unite all teachers and education personnel at all types, levels, and educational units in order to increase service and participation in national development. in this case, pgri should also be able to establish cooperative relationships with educational institutions, organizations engaged in education, and/or community surip, et.al. 176 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) organizations in general in order to improve the quality of education and culture. the existence of a teacher professional organization is an indispensable professional necessity. the role of protecting and nurturing even when teachers are considered unprofessional in carrying out their profession, it is the professional organizations that must appear earlier to carry out evaluation and verification. because professional organizations are more competent in conducting evaluation and verification. professional testing of teachers and other professions is only possible by those who understand and study the profession. it is the professional organization that should foster and protect by using an approach to the code of ethics of the teaching profession. in which there are professional and independent tools that carry out this role, namely the indonesian teacher honorary council (dkgi) (harun, 2016). the indonesian teacher honorary council (dkgi) is a pgri organization set up to carry out the task of providing advice, opinions, considerations, assessments, enforcement, and violations of organizational discipline and professional ethics for teachers. the honour of indonesian teachers, in terms of carrying out the duties and authorities of guidance, supervision, and assessment of the indonesian teacher code of ethics (harun, 2016). in article 42 of law number 14 of 2005 article 42, the teacher professional organization has the authority to: a) establish and enforce a code of ethics for teachers b) provide legal assistance to teachers c) provide protection for the teaching profession d) conduct teacher professional development and development e) advancing national education. optimizing the legal aid institute (lbh) under the auspices of pgri is expected to be one of the solutions in providing protection for teachers who are facing legal problems. the role of teacher professional organizations has an important role to provide protection and development of the teaching profession. 3. government policy on legal protection efforts for the teacher profession protection is all efforts aimed at providing a sense of security to victims carried out by the family, advocate, social institutions, police, prosecutors, courts, or other parties, either temporarily or based on court decisions. according to cst kansil legal protection are various legal efforts that must be provided by law enforcement officers to provide a sense of security, both mentally and physically from disturbances and various threats from any party. legal protection is very necessary for teachers as educators to protect their rights. in the criminal code, the examination of criminal cases must be multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 177 carried out by understanding humans and humanity, whose dignity must be protected. although the purpose of law enforcement is to defend and protect the interests of the community, law enforcers must not sacrifice the rights and dignity of suspects or defendants. on the other hand, the protection of the dignity of the suspect or defendant must not sacrifice the interests of the community. law enforcement officers must be able to lay down the principle of balance that has been outlined by the criminal procedure code so as not to sacrifice both interests that must be protected by law. the rise of various cases that befell teachers in carrying out their professional duties is one proof that legal protection for the teaching profession has not been running properly. teachers as a noble/respectable profession, like other professions, apparently have not been properly understood by the public in general and especially law enforcement officers who are extensions of the government. these teachers are usually reported to the police by their parents for violating the child protection law (uupa). uupa seems to be holding hostages and a tool to criminalize teachers. the main article that is used as a reference in the report on complaints of violence against children by teachers is article 54 of law no. 35 of 2014 concerning amendments to law no. 23 of 2002 on child protection which states that "children within and within the education unit are required to receive protection from acts of physical, psychological, sexual violence, and other crimes committed by educators, educational staff, fellow students, and/or other parties. “the types of violence are listed in article 69, namely physical, psychological, and sexual violence. the obligation to provide legal protection to teachers in carrying out their professional duties, especially placed on the government, both central and local governments. this obligation begins with providing laws and regulations ranging from laws, government regulations, to regional regulations as a legal umbrella for the government and local governments in making policies and forms of policies that are appropriate and in accordance with the rights that teachers must accept. the central government has enacted law number 20 of 2003 concerning the national education system, law number 14 of 2005 concerning teachers and lecturers, government regulation number 19 of 2005 concerning national education standards and government regulation number 74 of 2008 concerning teachers. these laws and regulations are the main basis or legal basis for the government in carrying out the obligation to provide legal protection for teachers. teachers are normatively protected, as stipulated in article 14 of law number 14 of 2005 letter g "obtaining a sense of security and guarantee of surip, et.al. 178 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) safety in carrying out their duties" and in article 39 of law number 14 of 2005. in paragraph 1 " the government, local government, community, professional organizations, and/or educational units are obliged to provide protection to teachers in carrying out their duties. in paragraph 2 the protection referred to includes legal protection, professional protection, and protection of occupational safety and health. in paragraph 3, it is explained that legal protection covers acts of violence, threats, discriminatory treatment, intimidation, or unfair treatment on the part of students, parents of students, society, bureaucracy or other parties. with the issuance of the minister of education and culture regulation number 10 of 2017 concerning protection for educators and education personnel, this is a manifestation of the government's efforts to provide protection to teachers and education personnel in carrying out their duties. protection obtained by teachers and education personnel includes legal, professional, occupational safety and health protection and intellectual property rights. with this permendikbud, it will provide more guarantees of protection for educators and education staff who face problems related to the implementation of their duties. e. conclusion and suggestion 1. conclusion education is a conscious and planned effort to create a learning atmosphere and learning process so that students actively develop their potential to have religious spiritual strength, self-control, personality, noble character, and skills needed by themselves, society, nation and state. without education that is in accordance with national identity, it is impossible that the goals of achieving education will not be fulfilled. as the key to the progress of the nation, one of which is the progress of education owned by the nation. teachers have a noble task to help students as facilitators in achieving life goals. not only in science education but also in moral education. given that these two things are interrelated with each other in order to achieve a balanced condition between intelligence and behavior carried out. the mandate held by teachers to help shape a better nation's civilization is realized by providing teaching to students in accordance with the competencies possessed by a teacher. the teacher professional organization is a forum for associations to develop professionalism, fight for legal protection, foster and protect work safety as well as collect and channel the aspirations of its members. optimizing the organization of the teaching profession has a very important role in realizing the dignity of the teaching profession. the protection of the multi-sector collaboration in legal protection for teachers indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 179 teaching profession is currently regulated in law number 14 of 2005 and regulation of the minister of education and culture number 10 of 2017. in the current era there are still many acts of violence by students or parents against teachers. the existing regulatory guarantees have not been able to protect teachers from the threat of criminal acts. 2. suggestion in order to maximize protection for teachers, it is necessary to continue efforts in providing legal assistance and assistance services for teachers involving the indonesian teachers association, legal aid institute, society, government, and universities so as to create a transparent and fair process for teachers, students, and teachers. student parents. f. acknowledgments none. g. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. h. funding universitas negeri semarang, indonesia. i. references abdusshomad, alwazir. “pengaruh covid-19 terhadap penerapan pendidikan karakter dan pendidikan islam.” 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editor in chief lex scientia law review (undergraduate law student journal). ridwan arifin, s.h. ll.m., is a lecturer at department of criminal law, faculty of law universitasa negeri semarang. dwi bagus kurniawan is a staff at faculty of law universitas negeri semarang. strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 123 strengthening the role of community in improving the quality of the manpower tri sulistiyono1 , pratama herry herlambang2 , dwi pangestu khoirunisa3, ahmad zaharuddin sani ahmad sabri4 1,2,3 faculty of law, universitas negeri semarang, indonesia 4 universiti utara malaysia (uum), sintok, kedah, malaysia corresponding author: trisulistiyono@mail.unnes.ac.id abstract: the quality of labor resources in a country is an important part of development. a qualified workforce will encourage the acceleration of development in an effective, efficient, and competitive manner. in addition, a qualified workforce will also encourage massive economic growth. however, in improving the quality of the workforce, there are still many challenges, one of which is related to the distribution of skills and competencies of workforce certification. this study aims to analyze strategies and patterns of improving the quality of the workforce through community and community strengthening. this study is part of a community service program in the gunungpati area, semarang city, indonesia. such an approach is expected to support the validity of the devotion results as a helpful output. observation will be carried out using field studies about the subject matter studied. this devotion uses socialization, games, and motivational training as an effective strategy to instill awareness in the target audience of the dangers and threats to tax blindness as well as the importance of public awareness of the importance of tax payments, not only for themselves but for the state, to ensure the fulfillment of the rights of the community, mainly traders and entrepreneurs as fellow citizens will be increasingly guaranteed and accountable. keywords: community role, quality improvement, labo how to cite: sulistiyono, tri, pratama herlambang, dwi pangestu khoirunisa, and ahmad zaharuddin sani ahmad sabri. “strengthening the role of community in improving the quality of the manpower”. indonesian journal of advocacy and legal services 4, no. 1 (2022): 123-140. https://doi.org/10.15294/ijals.v4i1.53366. issn: 2686-2085 (print) issn: 2686-2611(online) vol. 4 no. 1 (2022): 123-140 doi: 10.15294/ijals.v4i1.53366 submitted: 4 january 2022 revised: 2 february 2022 accepted: 3 april 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. https://orcid.org/0000-0002-0804-3027 https://orcid.org/0000-0002-6746-2854 https://orcid.org/0000-0003-0479-4904 https://doi.org/10.15294/ijals.v4i1.53366 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 124 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) a. introduction one of the things that can help achieve economic development success is the influence of factors of production. a characteristic of production is anything technically necessary to produce or manufacture a good or service. these factors of production are staples, building equipment, labor, machinery, and capital that can broadly be categorized as human and nonhuman input.1 economic development can be referred to as increasing output over time to become an important indicator to measure the success of a country's development. in economic development, especially in indonesia, the government plays a vital role in indonesia's economic development and growth. this is indicated by the control of consumption and expenditure for public investment and receipts from taxes carried out by the government. not only the role of the government, but several factors influence economic development, such as infrastructure, regulations and laws, political stability, bureaucracy, government policies, and international exchange bases, each of these factors have their influence on economic development. in indonesia, the role of the government has a significant influence on economic development. this is indicated by government spending, which is one of the fiscal policy instruments in economic growth. aside from the role of the government, the existence of labor is also one of the crucial factors in the development of the country. article 1, number 2 of law no. 13 of 2003 on labor defines labor as anyone who can work to produce goods and services to meet their own needs and the community. according to mulyadi, labor is the population aged 15-64 years or the number of residents in a country that can produce goods and services if there is a demand for their energy and if they want to participate in such activities. meanwhile, according to murti, the so-called workforce is an individual who offers skills and abilities to produce goods and services so that the company can benefit. the individual will earn a salary or wage following his skills. 2 based on some of the definitions above, it can be concluded that the so-called labor is a person in vulnerable age 15-64 years or the number of residents in a country who has the ability and skills to 1 n. gregory mankiw, makro ekonomi (jakarta: erlangga, 2009). 2 mulyadi subri, ekonomi sumber daya manusia: dalamperspektif pembnagunan (jakarta: pt. raja grafindo persada, 2014). strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 125 produce goods and services that can increase the profits of his company so that the individual gets a salary or wage based on their abilities and skills.3 labor has a vital role through factors of production to improve economic development. the growth can be through the high quantity of labor, which is essential to enhance economic development as indonesia has abundant human resources and an increased number of workers.4 this is evidenced by data released by the central statistics agency, which shows that the number of workers in indonesia reaches seven million workers. in 2017 there were 7,660,091 workers, then decreased in 2018 to 7,183,934 workers and again increased the number of workers to 7,363,163 workers. in semarang, the labor force was also very high in 2017. there were about 963,496 employment increases, then decreased in 2018 to 921,551 workers and again increased in 2019 to 951,135 workers. this shows that the quantity of labor in semarang is also very high.5 however, the most crucial factor for labor to improve economic development is the quantity and quality factor, namely the skills and abilities of the workforce itself. in indonesia, the productivity and competitiveness of indonesian workers are still relatively low. one of the causes is the level of education of the force that is still low so that it cannot compete with the power from neighboring countries.6 this is evidenced by data released by the central statistics agency, namely, in 2021 in the city of semarang, about 1,034,749 workers are consisting of 162,427 workers with a background in elementary school education(sd), 145,716 workers with experience in junior high school (smp), 452,019 workforce backgrounds in high school (sma) and 274,632 working forces with university education backgrounds. this shows that most of the workforce in semarang city received education until high school. only a few of the work associations in semarang city received education in higher education. the low productivity and competitiveness of labor in indonesia and the city of semarang in particular then shows that the quality of indonesian delivery is still relatively low.7 3 murti sumarni and & john suprihanto, pengantar bisnis dasar-dasar ekonomi perusahaan (yogyakarta: liberty, 2014). 4 bps, ‘jumlah tenaga kerja menurut provinsi (orang) 2017-2019’, 2022 5 bps, ‘jumlah angkatan kerja (jiwa) 2017-2019’ <https://semarangkota.bps.go.id/indicator/6/197/1/jumlah-angkatan-kerja.html> [accessed 5 february 2022]. 6 kementrian perindustrian republik indonesia, ‘kualitas tenaga kerja ri rendah’ <https://kemenperin.go.id/artikel/8161/kualitas-tenaga-kerja-ri-rendah> [accessed 4 february 2022]. 7 bps kota semarang, ‘penduduk berumur 15 tahun ke atas menurut pendidikan tertinggi yang ditamatkan dan jenis kegiatan selama seminggu yang lalu di kota t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 126 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) the high number of workers in indonesia that is not accompanied by the high quality of labor causes various problems in the field of employment, one of which is the problem of unemployment. the issue of unemployment is still a significant concern in every country, especially in developing countries such as indonesia. kwik kian gie, minister of state for national development planning / head of the national development planning agency (chairman of bappenas), stated that the main challenge faced by the government is the continued increase in the number of unemployed. sadono sukirno also noted that unemployment is when someone who belongs to the labor force wants to get a job but cannot get it. insurance is a situation where people want to work but don't get a job. in addition, unemployment can also be interpreted as one of the economic diseases that greatly influence economic growth. the existence of unemployment causes a person to have no income, encouraging them to fall into poverty. generally, the government is taking action to overcome this unemployment by expanding employment opportunities, both in the private sector and the government sector. unemployment can also be cited as a reality faced by developing countries and occurs in developed countries. in general, unemployment is when a person who belongs to the labor force category does not have a job.8 linbeck said that unemployment results from institutional misconduct in a government or private agency that influences market regulation, demographics, laws, and regulation. in this case, the importance of institutional features about unemployment has implications for demand and labor supply, wage arrangements, and the effectiveness of matching and searching in the labor market. unemployment is a problem that harms economic activity. the impact of unemployment can be known by grouping the influence of unemployment in two aspects of the economy; the first is the impact of unemployment on the economy in a country. the ultimate goal of economic development in a country is to increase the prosperity of society and economic growth to be stable and in good condition and gradually increase. if the unemployment rate in a country tends to be relatively high, it will hinder economic development goals due to the impact of unemployment itself on economic activity. second, the semarang, 2021’ <https://semarangkota.bps.go.id/statictable/2021/10/12/224/jumlahpenduduk-berumur-15-tahun-ke atas-menurut-pendidikan-tertinggi-yang-ditamatkandan-jenis-kegiatan-selama-seminggu-yang-lalu-di-kota-semarang-2020.html> [accessed 5 february 2021]. 8 adrian sutawijaya & zulfahmi, ‘pengaruh faktor-faktor ekonomi terhadap inflasi di indoneisa’, jurnal organisasi dan manajemen, 8 nomor 2 (2012), 85–100. strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 127 effect of unemployment on individuals who experience it and the effect on society. there are some negative impacts of unemployment, such as loss of livelihood, eliminating skills from individuals, and causing socio-political instability.9 syahrial mentioned that unemployment would cause economic conditions to deteriorate. according to him, this unemployment can cause the community can not minimize the level of welfare that may be achieved. in addition, unemployment also causes a country's tax revenue to be reduced; low levels of economic activity cause a decrease in the country's tax income. this will cause the country's tax revenue to be small and impact the government's reduced ability to carry out various state development activities. unemployment also causes investment from a company can not be encouraged. unemployment also has other problems in the field of social life, the impact such as lowering economic activity, the existence of unemployment will cause the purchasing power of the community will decrease, this is due to the decrease in demand for goods and services, it also causes companies and investors are not eager to expand and establish new industries so that economic activity will decrease. unemployment leads to a decline in economic growth and per capita income. a person who is not working or unemployed will not produce goods or services; the unemployment rate will decrease gdp (gross domestic product). if gdp continues to decline, it will lead to a decrease in growth. in every country, the problem of unemployment has always been a complex problem to solve. this is because of the number of people who from year to year continues to increase. this increase in the number of people makes job seekers also increase. in this case, if the labor cannot be absorbed to the maximum, then the work that has not been absorbed will be referred to as unemployment. there are several factors behind the occurrence of unemployment, one of which is economic conditions, government policies that do not side with the people, education that tends to be low, the development of non-real economic sectors, people lacking skills, limited available employment, labor competencies that are not following the job market. have higher education but do not have access to job opportunities, local culture, less effective job market information for job seekers, and many others. 10 9 adiwarman azwar karim, sejarah perekonomian islam (jakarta: pt raja grafindo persada, 2008). 10 trianggono budi hartanto & siti umajah masjkuri, ‘analisis pengaruh jumlah penduduk, pendidikan, upah minimum dan produk domestik regional bruti (pdrb) t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 128 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) in indonesia, the number of bullying is increasing. kaufman and hotchkiss describe unemployment as a measure implemented if a person does not have a job but is actively trying to find work in the last four weeks.11 meanwhile, sukirno explained that what is meant by unemployment is a state of joblessness that is being faced by individuals who have tried to find work but do not get it. however, in general, unemployment is an inability of the labor force to get the jobs they need and expect. 12 unemployment is one of the main problems experienced by every country; therefore, every economy and government will face the problem of insurance, namely natural unemployment or the natural rate of unemployment.13 the unemployment rate in indonesia does decrease and increase every year, based on data released by the central statistics agency, showing that in 2019 there was about 5.24 percent of the total indonesian population is a male workforce that is not working, and 5.22 percent is a female workforce that is not working, this figure then increased in 2020 to 7.46 percent is a male workforce that is not working, and 6.46 percent is a female workforce that is not working, in 2021 there is a decrease in the unemployment rate to 6.74 percent which is the male workforce that is not working and 6.11 percent is the female workforce that is not working. in central java province, the unemployment rate increases from year to year. in 2018 alone there was about 7.49 percent of the total population of central java were unemployed, then increased in 2019 to about 8.07 percent of the total population of central java. in 2020, due to the covid-19 pandemic, there were about 377,199 workers who experienced job cuts (layoffs), which further aggravated the unemployment rate in central java province.14 the same thing happened in the city of semarang. the unemployment rate in semarang also experienced a significant increase from year to year. in 2018 there was about 5.29 percent of the total population of semarang city fell into the category of unemployment. this figure then decreased in 2019 to terhadap jumlah pengangguran di kabupaten dan kota provinsi jawa timur tahun 2010-2014’, jurnal ilmu ekonomi terapan, 1 no. 2 (2017), 85. 11 sadono sukirno, makroekonomi teori pengantar edisi ketiga (jakarta: pt raja grafindo persada, 2011). 12 nanga muana, makroekonomi teori, masalah dan kebijakan (jakarta: pt raja grafindo persada, 2001). 13 mohammad firqi muslim, ‘pengangguran terbuka dan determinannya’, jurnal ekonomi dan studi pembangunan, 15 no. 2 (2014), 171–81. 14 bps jateng, ‘jumlah penduduk usia kerja yang terdampak covid-19 jawa tengah, agustus 2020’ <https://semarangkab.bps.go.id/statictable/2020/12/21/212/jumlahpenduduk-usia-kerja-yang-terdampak-covid-19-jawa-tengah-agustus-2020-.html> [accessed 5 february 2022]. strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 129 4.54 percent of the total population of semarang city. however, in 2020 there was a relatively high increase in the number of unemployed in semarang, which reached about 9.57 percent of the total population of semarang city, which belongs to the category of unemployment.15 a high unemployment rate will not allow society to reach the level of full labor use. this is evident from the various problems or adverse consequences caused by unemployment. the distribution affects many areas, for example, the economy.16 unemployment causes society to be unable to minimize the level of welfare it may achieve. in 17 other words, unemployment causes the actual output reached will be lower than the potential output of employment. not only that, unemployment will inhibit economic growth.18 unemployment also results in a decrease in government tax revenue, eventually resulting in a small government tax income. for unemployed individuals, it leads to loss of livelihood and income. if in developed countries, every unemployed will get the cost of living allowance to finance his living needs, but in developing countries such as indonesia, there is no such thing. of course, this will make it more difficult for every unemployed to get a prosperous life.19 unemployment can occur due to several factors such as the high number of the labor force that is not proportional to existing employment opportunities, unbalanced employment structure, unbalanced needs of the number and type of educated personnel, and the provision of knowledgeable or inappropriate education levels owned by the labor force with existing labor needs, the increasing role and aspirations of the female workforce in the entire structure of the workforce in indonesia. 20 and the imbalance of the provision and utilization of labor between regions. the unemployment factor is also in the form of declining economic activity, technological advances, and setbacks in the development of an industry.21 15 bps kota semarang, ‘tingkat pengangguran terbuka (persen), 2018-2020’ <https://semarangkota.bps.go.id/indicator/6/195/1/tingkat-pengangguran-terbuka.html> [accessed 5 february 2022]. 16 p.a samuelson & w. nordhanus, ilju makro ekonomi edisi 17 (jakarta: pt. media global edukasi, 2001). 17 panjawa jihad & d. soebagiyo, ‘efek peningkatan upah minimum terhadap tingkat pengangguran’, jurnal ekonomi dan studi pembangunan, 15 no. 1 (2014), 48–54. 18 santoso singgih, “buku latihan spss statistik (jakarta: pt. alex media komputindo, 2004). 19 jhingan, ekonomi pembangunan dan perncanaan (jakarta: rajawali press, 2004). 20 mahdar, ‘potret ketenagakerjaan, pengangguran, dan kemiskinan di indonesia: masalah san solusi’, jurnal al buhuts, 11 no 1 (2015), 157. 21 sadono sukirno, ekonomi pembangunan (jakarta: bima grafika, 2008). t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 130 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) the emergence of the covid-19 outbreak since march 2020 caused a decrease in all economic activity in indonesia, causing at least 5,900 workers in semarang city to experience job cuts (layoffs), and 8000 other workers were laid off and coupled with the sluggish indonesian economy that resulted in a decrease in the number of new jobs even in the city of semarang. the pandemic causes the increasingly tight competition of employment, and various forms of cooperation carried out by the government of indonesia so that foreign workers can also compete for jobs in indonesia.22 indonesia's sluggish economy is causing fewer jobs, unemployment as a result of the pandemic is also increasing, more comprehensive job competition is making it harder for workers to get jobs. the workforce now has to compete fiercely by relying on their skills and competencies. on the other hand, the ministry of manpower stated that not all formal education output in indonesia could be declared ready for work. this is shown through the results of indonesia's employment development index (gpa), which is still low, which is about 60%, which shows that the quality of indonesian labor is still relatively low.23 whereas now indonesia is facing a variety of new challenges, namely changes in industrial models due to unpredictable destructive technology due to technological changes 4.0, which cause changes in skill sets needed by industry or companies. as a result, the workforce's ability must also undergo changes and developments. however, the problem is that the indonesian crew is classified as still having low power. therefore, several strategies are needed to develop the capabilities and quality of the workforce following what is required by the industry. some of the problems in the field of employment are problems that also occur in the partner area, namely kalisegoro village, gunungpati district of semarang city, which is one of the areas located in the city semarang where many people are of working age. the high number of workers in semarang further increases the level of competition that must be passed by prospective workers, including future workers in kalisegoro village, gunungpati district of semarang city. the high number of matches that are not accompanied by competence will undoubtedly make it more difficult for workers to get jobs, especially with the change in technology 4.0, which of course must be one of 22 eka yulianti fajlin, ‘disnaker kota semarang catat 5.900 buruh terkena phk dan 8000 buruh dirumahkan’ <https://jateng.tribunnews.com/2020/07/29/disnaker-kotasemarang-catat-5900-buruh-terkena-phk-dan-8000-buruh-dirumahkan> [accessed 15 march 2021]. 23 menaker banu andika, ‘kualitas sdm tenaga kerja indonesia rendah’ <https://www.jawapos.com/nasional/14/10/2019/menaker-kualitas-sdm-tenaga-kerjaindonesia-rendah/> [accessed 19 march 2021]. strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 131 the focuses that must be prepared by prospective workers in kalisegoro village, gunungpati district of semarang city. therefore, it is felt that there is a need for socialization that discusses the importance of increasing competition that must be prepared by workers or prospective workers in kalisegoro village, gunungpati district of semarang city. in addition, the many impacts caused by unemployment that arise become one of the responsibilities of the government. in this case, the role or intervention of the government is still needed if free-market activities fully regulate the economy. the government must continue to be able to increase economic activities in indonesia. this is done by the central government and the local government because each region must be competent and independent to improve the regional economic rate. this, of course, must also be implemented together, not only by the government alone but also by the surrounding community. but unfortunately, the influence of the surrounding community to improve the quality of the workforce is still relatively low. the community can also play an active role in improving the quality of the force.24 on this basis, it can be concluded that some of the problems faced about community role efforts in improving the quality of labor are: 1. rising unemployment as a result of the covid-19 pandemic; 2. a sluggish economy makes the number of jobs decrease; 3. low rate of work; 4. the change in industrial models as a result of destructive technology resulted in a shift in skill sets by industry, resulting in changes in the integrity of competence and quality of labor by sector; 5. low influence of society and public awareness to improve its ability. b. method this study is conducted through community services scheme concerning labor and manpower empowerment in the social and legal perspective. this study is located in kalisegoro village, semarang, indonesia. it is well known that the partner area, kalisegoro village, gunungpati district of semarang city, has several ongoing problems, namely labor education so that the quality of labor is relatively low, the rapid development of the times that resulted in rapid changes in the needs of industrial competence, lack of community influence in improving the quality of labor 24 r. franita, ‘analisa pengangguran di indoensia’, jurnal ilmu pengetahuan sosial, 1 (2016), 54. t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 132 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) and the absence of socialization held about strengthening the role of the community in the development of the community—improving the quality of the workforce. on this issue, the service team has planned several stages of the approach. the approach that we will take, among others, starts from: first, the service will take a personal approach to the citizens by periodically making continuous visits for at least 1 (one) month. from the periodic visit, we hope to be able to make initial observations so that we can understand and understand and find the root cause of the common understanding of the community about efforts to improve the quality of the workforce and strengthen the role of the community in improving the quality of the force. an initial observation is also expected to get data on infrastructure facilities not in the area considered to support this community service activity. second, the service team conducts initial planning with partners to bring up community service activities to coordinate well about the time, date, day, and place of implementation of the action. third, preparation of devotional activities by collecting physical and non-physical materials used in the devotional exercises, in coordination with partner agencies. fourth, socialize to the citizens that at the date and time that has been determined the results of the agreement with partners will be carried out a series of community service activities from semarang state university in collaboration with local partner agencies. fifth, the implementation of a series of community service activities to the citizens of the community on the theme carried out by the realization of infrastructure facilities needed to support the actualization of maximum results. sixth, socialization regarding strengthening the role of society in improving the quality of labor. seventh is the creation of counseling guidance post for prospective workers, workers, and citizens who need psychological, academic, economic, and legal help. the counseling guidance post will stand for at least six months in the local area with lecturer visits 1x (once) a week and visits of two students every day at 08.00 16.00. c. result and discussion 1. manpower quality improvement by community collaboration this devotional activity was attended by residents of rt 005 / rw 003, kalisegoro village, gunungpati district of semarang city, most of whom are final year students who want to prepare themselves to enter the world of strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 133 work. the problem of unemployment and employment is a problem that until now requires special attention. in dealing with this problem, labor is a significant position in encouraging the progress and economic growth of the country. however, the high number of workers also often raises new issues. the number of high workers but not accompanied by the breadth of employment will further increase the unemployment rate. unemployment is when a person who belongs to the labor force wants to get a job but has not yet obtained it. according to the central bureau of statistics (bps), the definition of unemployment is a population that is not working but is looking for work or is preparing a new business or a resident who is not looking for a job because they have been accepted to work but have not worked. the unemployment rate in central java is increasing from year to year. even in 2020, there has been an increase in the number of unemployed by 377,199 compared to 2019. central java and semarang city also experienced a rise in the number of unemployed. in 2020 the number of unemployed in semarang city increased to about 5,900 workers due to the pandemic.25 unemployment is a macroeconomic problem that directly affects human life. for most people, losing a job means impacting declining living standards and even an impact on psychological distress. it is no surprise that unemployment is a frequently discussed topic in political debates and politicians often say that the central policy offered is to create jobs. however, the issues regarding employment and job creation are still relatively high. some of the problems faced are low quality and competence owned by prospective indonesian workers. most formal education graduates still do not have the readiness to work. in addition, about 60% of indonesia's total workforce comes from low education. the typical education and health that they have resulted in low productivity levels of indonesian workers. so that not all existing industries can absorb human resources following the competencies they need. the rapid development of the times has also led to some changes in employment. the result of unpredictable technology 4.0 led to the improvement of industrial models, which brought about changes in work processes and competency needs. industry and companies then change the skill set of labor based on the needs of the industry. a labor force classified as poorly educated will undoubtedly make it more difficult for indonesian labor candidates to get jobs. not only that, but job competition is also getting 25 sadono sukirno, makro ekonomi modern, perkembangan pemikiran dari klasik hingga keynesian baru (jakarta: pt raja grafindo persada, 2000). t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 134 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) higher. the workforce is not only competing with domestic job seekers but also internationally. the running of several agreements between the indonesian government and several countries allows foreign workers to compete for jobs in indonesia. the high number of labor competition makes indonesian workers able to improve their abilities. the solution that can be passed is to change the standard of competence and qualified labor that is following the needs of the industry today. this step must be implemented continuously by the government and the community. the government can do several things such as implement changes in national competency and qualification standards which are then used as the basis of education in indonesia. in addition, there must be strengthening or empowering educational institutions and certification to then be socialized to prospective workers. the biggest challenge that must be passed now is how learning out can be designed by indonesian educational institutions so that the output produced can follow the needs of the industry. not only by strengthening or empowering educational institutions, as one of the steps or efforts made by the government to overcome the unemployment problem is to realize one of the ideals of advanced indonesia 2045 initiated by the coordinating ministry for human development and culture of the republic of indonesia. the main requirement to achieve the ideals of advanced indonesia 2045 is to do human resource development (hr). one of the efforts made to do human resource development is to create jobs. the government's effort is currently implementing is to match the number of workers with existing jobs. based on data owned by the ministry of pmk, there are now about 140 million workers in indonesia, and seven million are unemployed. as a result of the covid-19 pandemic, it is estimated that there will be a surge in the unemployment rate reaching nine million workers, coupled with an increase in the workforce of 1.8 million from high schools and 1.7 million from universities. the government must provide at least 3.6 million jobs each year.26 the government and the community must also play an active role in improving the quality of the workforce to create a continuous strength between the government and the community in overcoming the problem of unemployment in indonesia, especially in the city of semarang. some of the 26 kementrian koordinator bidang pembangunan manusia dan kebudayaan republik indonesia, ‘tiap tahun pemerintah harus sediakan 3,6 juta lapangan pekerjaan’ <https://www.kemenkopmk.go.id/tiap-tahun-pemerintah-harus-sediakan-36-jutalapangan-kerja> [accessed 4 february 2022]. strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 135 roles of society, such as in the minor sector in cyberspace, namely families that are expected to provide education and expertise needed by prospective workers. provide support for each family member to continue developing themselves so that their competencies can be improved and ready when they have to compete in the world of work. responding to the challenges of the world of work in era 4.0, a prospective worker must also continue to develop his ability, including the ability to control himself to provide outstanding and professional performance where every future worker can learn this ability through his family and surrounding environment. one of the most important things that can be done is to provide motivation to prospective workers, because motivation has a somewhat important role. after all, motivation can channel and support human behavior to be active and enthusiastic in working to provide optimal results. this is then reinforced by soleh purnomo, who said that motivation is a driving force to result in a person willing to use his ability, energy, and time to become a skill and expertise used to achieve his goals. motivation can be provided by anyone, including family and the surrounding environment. in the community environment, there is a need to strengthen the role of religion in the social life of society formed by the community itself to enhance the identity and personality of the nation (character building), which is needed by every workforce in various other roles. however, unfortunately, the community is still less aware that the community has a significant role to be able to participate in overcoming employment problems, in this case, unemployment.27 based on this, several programs are implemented to minimize or at least can help reduce problems in the field of labor by conducting counseling on efforts that can be done to improve the quality and compensation of work and counseling on strengthening the role of society in improving the ability and competence of the workforce. 2. community services result community service at rt 05 rw iii kalisegoro village, gunungpati district of semarang city, we have realized several stages of the approach. therefore, we need at least 1 (one) month in the future for us to be able to finalize our system so that it can further streamline the implementation of 27 kementrian koordinator bidang pembangunan manusia dan kebudayaan republik indonesia, ‘membangun sdm indonesia membangun sinergis’ <https://www.kemenkopmk.go.id/membangun-sdm-indonesia-membangun-sinergitas> [accessed 4 february 2022]. t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 136 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) this continued community service activity. the approach we have taken on other things starts from: approach personally to the community by regularly carrying out continuous visits for at least 1 (one) month. based on the regular visit, it is expected that the initial observation can be carried out so that we can understand and understand and find the source of problems in improving the quality of labor in rt 05 rw iii kalisegoro village. an initial observation is also expected to see various obstacles encountered by the community in improving the quality of work that supports this community service activity. initial planning with partner agencies to determine measures related to community service activities to carry out good coordination regarding the time, date, day, and place of implementation of the activities. the planning was carried out to the community on july 16, 2021, via zoom meeting. preparation of devotional activities by collecting some preliminary information and data concerning the real condition of manpower quality. socialization to the community that at the date and time determined based on the results of the agreement with partners that the series of community service activities of semarang state university by cooperating with local partner agencies. the implementation of community service activities on the theme is carried out by realizing infrastructure facilities needed to support the actualization of maximum results. counseling on the importance of improving the quality of labor and the role of society in efforts to improve the quality of work can increase people's understanding of the need to enhance self-competence to compete and improve the level of community welfare. d. conclusion this community service is related to increasing understanding about strengthening the role of the community in efforts to improve the quality of labor, especially in the community environment rt 005 / rw 003, kalisegoro village, gunungpati city of semarang. the people present are those final year students who want to prepare themselves to enter the world of work. previously, it has taken a personal approach to the community that becomes a partner of this devotion. the system was carried out for approximately one month by the service team. through this activity, the community feels that it has gained enlightenment about how important the role of society is in efforts to increase the absorption of labor that takes place in the community environment. strengthening the role of community in improving the quality of manpower indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 137 e. acknowledgments in preparing and completing this holy activity, the service understands there are still many shortcomings and obstacles to natural service. however, with the permission of god almighty, the awarding team has been able to complete this holy activity well. this devotional activity indeed can not be separated from the support and encouragement from various parties, including the dean of the faculty of law, semarang state university, educators of the faculty of law, semarang state university, members of the service team, and participants of community service activities consisting of rt 005 rw 003 kalisegoro village, gunungpati kota semarang, participated in this activity's successfulness. f. declaration of conflicting interests the preparation of this article is done as an external form of community service activities that we do which contains a series of community service activities. this community service activity that we do indeed has never been published before. the members stated that there would be no potential conflict of interest in this article's devotion, authorship, and publication. g. funding the implementation of community service activities for lecturers received funding from the budget implementation list (dipa) of the faculty of law with sp number dipa-023.17.2.677507/2021, dated november 23, 2020. and following the letter of assignment agreement for the implementation of dipa faculty funds 2021 number: 50.30.4/ un37 / ppk.4.8 / 2021 dated april 30, 2021. the budget is to support the implementation of community service activities that we do. h. references banu andika, menaker, ‘kualitas sdm tenaga kerja indonesia rendah’ <https://www.jawapos.com/nasional/14/10/2019/menaker-kualitas-sdmtenaga-kerja-indonesia-rendah/> [accessed 19 march 2021] bps, ‘jumlah angkatan kerja (jiwa) 2017-2019’ <https://semarangkota.bps.go.id/indicator/6/197/1/jumlah-angkatant. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 138 indonesian journal of advocacy 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makroekonomi teori pengantar edisi ketiga (jakarta: pt raja grafindo persada, 2011) sumarni, murti, and & john suprihanto, pengantar bisnis dasar-dasar ekonomi perusahaan (yogyakarta: liberty, 2014) zulfahmi, adrian sutawijaya &, ‘pengaruh faktor-faktor ekonomi terhadap inflasi di indoneisa’, jurnal organisasi dan manajemen, 8 no 2 (2012), 85–100 t. sulistiyono, p. h. herlambang, d. p. khoirunisa, a. z. s. a. sabri 140 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) about author(s) tri sulistiyono, s.h., m.h is lecturer at department of administrative and constitutional law, faculty of law, universitas negeri semarang. his area of expertise concerning labor and employment law, tax law, and administrative law. some of his works have been published on several journals such as pola sanksi administratif bagi perusahaan penyedia jasa tenaga kerja indonesia terhadap perlindungan buruh migran indonesia di luar negeri (indonesian state law review, 2020); an employment law clinic: developing of student’s capacity through clinical legal education in employment matters on asean economic community era (the indonesian journal of international clinical legal education, 2019); and legal protection to child labour: the effectiveness of national criminal law and international law instrument (a case study of indonesia and china) (international journal of business, economics and law, 2019). pratama herry herlambang, s.h., m.h. is lecturer at department of administrative and constitutional law, faculty of law, universitas negeri semarang. his area of expertise concerning labor and employment law. he currently pursuing a doctoral program at universitas diponegoro semarang indonesia. some of his recent publications such as positivisme dan implikasinya terhadap ilmu dan penegakan hukum (indonesian state law review, 2019); and implementation on transfer of undertaking protection of employment to outsourcing labors in semarang indonesia: a legal approach (journal of indonesian legal studies, 2018). dwi pangestu khoirunisa is alumni from faculty of law, universitas negeri semarang, indonesia. currently, she serving as researcher at employment law studies center. dr. ahmad zaharuddin sani ahmad sabri is a lecturer at universiti utara malaysia (uum). his ia also researcher at institute of dr mahathir thoughts. some of his publications such as world oil price shocks in macroeconomic asean+ 3 countries: measurement of risk management and decision-making a linear dynamic panel approach (international journal of energy economics and policy, 2021); accepting other religion and live harmoniously: a study on malaysian youth (online journal of research in islamic studies , 2021); covid-19 social media trending and hoaxes: malaysian perception index (mpi) and how does the law respond to fake news and hoaxes (comparing malaysia and indonesia) (law research review quarterly, 2020); and movement control order on legal and social aspects: malaysian and indonesian government initiatives during covid-19 (journal of law and legal reform, 2020). https://scholar.google.com/citations?view_op=view_citation&hl=id&user=cmrrreaaaaaj&sortby=pubdate&citation_for_view=cmrrreaaaaaj:ufrvopgsrksc https://scholar.google.com/citations?view_op=view_citation&hl=id&user=cmrrreaaaaaj&sortby=pubdate&citation_for_view=cmrrreaaaaaj:ufrvopgsrksc https://scholar.google.com/citations?view_op=view_citation&hl=id&user=cmrrreaaaaaj&sortby=pubdate&citation_for_view=cmrrreaaaaaj:ufrvopgsrksc https://scholar.google.com/citations?view_op=view_citation&hl=id&user=cmrrreaaaaaj&sortby=pubdate&citation_for_view=cmrrreaaaaaj:eqolee2rzwmc https://scholar.google.com/citations?view_op=view_citation&hl=id&user=cmrrreaaaaaj&sortby=pubdate&citation_for_view=cmrrreaaaaaj:eqolee2rzwmc https://scholar.google.com/citations?view_op=view_citation&hl=id&user=cmrrreaaaaaj&sortby=pubdate&citation_for_view=cmrrreaaaaaj:eqolee2rzwmc 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• performance & security by cloudflare contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 73 contribution of islamic law concerning the death penalty to the renewal of indonesian criminal law muhyidin muhyidin1, yuli prasetyo adhi2 , triyono triyono3 1,2,3 faculty of law, universitas diponegoro, semarang, indonesia corresponding author: yuliprasetyoadhi@lecturer.undip.ac.id abstract: this paper aims to describe and analyze the contribution of islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). islamic law recognizes the death penalty in a crime that has been determined by allah swt. in the al-qur’an. the method used is a literature study. the data used is secondary data. and data collection using literature study. the data that has been obtained is then processed by means of analysis to obtain conclusions from the discussion carried out by the author. the death penalty in islam gives its color with the idea of balance that does not only focus on the perpetrators of the crime but also the victim. of course, this idea of balance is following the basic values of pancasila. the death penalty in islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft criminal code which until now has not been ratified as a means for national law reform. keywords: capital punishment; islamic law; qishah; renewal how to cite: muhyidin, muhyidin, yuli prasetyo adhi, and triyono triyono. “contribution of islamic law concerning the death penalty to the renewal of indonesian criminal law”. indonesian journal of advocacy and legal services 4, no. 1 (2022): 73-90. https://doi.org/10.15294/ijals.v4i1.55226. issn: 2686-2085 (print) issn: 2686-2611(online) vol. 4 no. 1 (2022): 73-90 doi: 10.15294/ijals.v4i1.54429 submitted: 2 march 2022 revised: 31 march 2022 accepted: 10 april 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. https://orcid.org/0000-0003-2054-514x https://doi.org/10.15294/ijals.v4i1.55226 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ m. muhyidin, y. p. adhi, & t. triyono 74 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) a. introduction islam highly upholds a person’s right to life. in islam, there are five (5) things that are central to the protection of both oneself and others. these five things are very basic for human life and if one or all of them is lost, then there will be chaos in human life. these five things must be protected to uphold and preserve the continuity of the life of a society. the five things are guarding religion (hifdz al-din), guarding the soul (hifdz al-nafs), guarding reason (hifdz al-aql), guarding property (hifdz al-mal), and guarding offspring (hifdz al-nasl)1. the statutes of punishment (uqubat) which have been explained in the al-qur’an require good implementation because we realize that not all indonesians are muslim, but only the majority. how close the relationship between religion and law, in general, is undeniable. although religion does not only teach about law, the law plays an important role in upholding religious teachings. the death penalty in islam is not only treated for the loss of other people’s lives, but other acts can be subject to the same punishment, including adultery muhson, security disturbances (in the al-qur’an it is said to cause damage to the earth. it is stated in surah al -maidah: 33-34), rebellion, and riddah. adultery is classified into two. (1) adultery muhson is adultery committed by people who have been married. the legal sanction is the death penalty. this is based on a hadith that is still disputed by scholars regarding the death penalty. (2) adultery ghair al-muhshon is adultery committed by people who have never been married. the legal sanction is lashing 100 times according to surah al-nur: 2. riddah is a person’s exit from the religion of islam. the perpetrators are called apostates. indeed this is based on a hadith of the prophet who said: “whoever changes his religion, then kill him”. this hadith in a study contains a political element because of the time of the prophet muhammad saw. saying this expression the position of muslims is still small in quantity. if a muslim leaves his or her religion without any firm sanctions from the messenger of allah, then of course it is very dangerous for the continuity of the muslim community who are pioneering2. criminal matters, especially the death penalty, are very sensitive. considering that this issue is closely related to human dignity, it is even clear 1 abu ishaq al-syatiby, al-muwafaqat fi ushul al-ahkam (dar al-fkr, n.d.). 2 azizy a. qodri, eklektisisme hukum nasional; kompetisi antara hukum islam dan hukum umum (yogyakarta: gama media, 2002). contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 75 that the life of someone who is about to be executed is clear. this is more so at this time when the demand for recognition and respect for human rights is very prominent as a result of the emergence of democratization and globalization. criminal issues are becoming increasingly urgent to talk about and people are starting to see criminals as the prima donna in conversation. punishment in islam when viewed in terms of the severity of the sanctions can be classified into three levels. first; jarimah hudud is an act that violates the law whose type and the threat of punishment are determined by the nash is the had punishment (the right of allah). the had punishment in question does not have the lowest and highest limits and cannot be abolished by an individual (the victim or his guardian) or a representative community (ulil amri). second; jarimah qishas-diyat, which is an act that is threatened with qishash and diyat. this punishment has a predetermined limit, there is no lower and highest limit but it is an individual right. third; jarimah ta’zir that is giving lessons means a jarimah that is threatened with ta’zir law to had and qishash punishments3. by looking at the classification above, the death penalty falls into the second category; jarimah qishash diyat which is an individual right, not god’s right. the survival of the community must be guaranteed by a country where citizens live in an area and are the authority and duty as enforcers of law and justice. according to barda nawawi arief’s view in his book pembaharuan hukum pidana dalam perspektif kajian perbandingan, the indonesian state is one of the countries that recognize pancasila as the first and main source of law containing the basic ideas of 1. religious morality (divinity), 2. humanity (humanistic), 3 nationalities, 4. democracy, and 5. social justice4. barda nawawi arief’s view, in his book entitled bunga rampai kebijakan hukum pidana, states that the policy approach in the context of criminal reform can be carried out through social policies that are directed at overcoming social problems, criminal policies aimed at protecting the community and law enforcement policies are updating the legal substance5. policies that will be implemented by the state/government must be oriented 3 makhrus munajat, dekonstruksi hukum pidana islam (yogyakarta: logung pustaka, 2004). for further discussion and comparison, see also sri endah wahyuningsih, and jawade hafidz. “the development of the indonesian criminal code derived from the yudicial pardon value in islamic law.” addin 11, no. 2 (2017): 295-320; anas rohman, “qishash law and human rights.” tawasut 7, no. 02 (2020); zainuddin. “restorative justice concept on jarimah qishas in islamic criminal law.” jurnal dinamika hukum 17, no. 3 (2017). 4 barda nawawi arief, pembaharuan hukum pidana dalam perspektif kajian perbandingan (bandung: citra aditya bakti, 2005). 5 barda nawawi arief, bunga rampai kebijakan hukum pidana (bandung: citra aditya bakti, 2005). m. muhyidin, y. p. adhi, & t. triyono 76 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) towards the benefit of the people6. the reform of criminal law in the value approach is an effort to review and reassess (reorient and reevaluate) sociopolitical, socio-philosophical, and socio-cultural values7 that grow and develop during indonesian society. according to muladi, criminal law from a material aspect refers to the discussion of three main issues. first, the formulation of prohibited acts (criminalization), secondly criminal liability (errors), and thirdly the sanctions that are threatened, both criminal and action8. the three main problems above are a series with each other, but the author focuses on the legal sanctions that are threatened are the death penalty. the criminal sanctions that are threatened against the perpetrators will be compared and or correlated between the criminal code and islamic law. because it has been stated above that changes or reforms in criminal law can occur through religious values that are believed and embraced by the indonesian people. although there is a debate between the abolition of the death penalty and those who maintain it, the death penalty is the main crime mentioned in the criminal code in addition to imprisonment, confinement, and fines. as for the technical implementation of the death penalty, it is no longer by hanging on the gallows with an executioner. the implementation is by being shot dead by a group of a firing squad and not done in public. implementation of the death penalty in law number 2/pnps/1964/ regarding the procedure for implementing the death penalty is different from the implementation procedure regulated in article 11. one of the reasons for the change in the implementation of the death penalty is so that it is more humane and civilized, there is no sadistic impression on people who will be executed. the goal is among others a sense of humanity for the victims he or she will feel. the right to life of a person with all his or her freedoms is still limited by laws and regulations to guarantee and respect the right to life and freedom of others for the sake of public order and the interests of the nation. the application of the death penalty through an approach to religious values (islam) requires its political policy. we all know that the relationship between law and politics is very closely related. there are three models of the relationship between the two, sometimes the law is the determinant of politics 6 jalaluddin ibn abi bakr al suyuthi abdurrahman, al-asybah wa al-nadhaair fii qawaid wa furu’ fiqh al-syafiiyyah (lebanon-bairut: lebanon-bairut; dar al-fikr, n.d.). 7 barda nawawi arief, masalah penegakan hukum dan kebijakan hukum pidana dalam penanggulangan kejahatan (jakarta: kencana, 2007). 8 barda nawawi arief. contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 77 or vice versa9, politics is more determined than law and both of them between law and politics are not superior because they both influence each other10. how that policy can be formulated and formulated in a state regulation is a separate study. law (islam) should be able to make a positive contribution to a country that is the majority religion in indonesia. although not a religious state, the indonesian state recognizes the existence of a legitimate religion that must be embraced by citizens. indonesia also does not separate religious affairs from government or state affairs. so the position of religion over the state affects each other and there is a symbiotic mutualism between the two11. because of the relationship between religion and the state, there are three paradigms. the first integralistic paradigm (unified paradigm), such as religion and the state are united, the area of religion includes politics or the state. the state is a political as well as religious institution. the second symbiotic paradigm, such as religion and the state have a reciprocal relationship and need each other. the third secularistic paradigm, such as the separation (disparity) of religion over the state and the separation of the state from religion. looking at these three paradigms, it seems that the indonesian state adheres to the second paradigm, the symbiotic paradigm. the inevitability that exists is that the indonesian nation consists of various ethnic groups, races, customs, and diverse religions. this plurality needs to create a harmonious condition so as not to create disintegration and instability among indonesian citizens. therefore, it is not wise to apply religious values, in this, case islam will lead to a reaction that is not positive and even excessive towards it. indonesian muslims themselves do not fully agree with the existence of religion being drawn into the realm of the state, it 9 daniel s. lev, hukum dan politik di indonesia; kesinambungan dan perubahan (jakarta: lp3es, 2018). see also aliflanya arisandy maghfirah, diny arista risandy, and nurindah hilimi. “sulh’ in islamic criminal law as the form of restorative justice: a new framework in indonesian criminal law.” proceedings. proceeding of scientific cooperations 2nd international conference on social sciences of istambul turkey. 2nd3rd of april. 2016; nafi mubarok, “pidana qisas dalam prespektif penologi.” al-qanun: jurnal pemikiran dan pembaharuan hukum islam 20, no. 2 (2017): 473-487; hasnil basri siregar, “lessons learned from the implementation of islamic shari’ah criminal law in aceh, indonesia.” journal of law and religion 24, no. 1 (2008): 143-176. 10 muhammad mahfud md, membangun politik hukum, menegakkan konstitusi (jakarta: pt. rajagrafindo persada, 2012). 11 marzuki rumadi, fiqh madzhab negara; kritik atas politik hukum islam indonesia (yogyakarta: lkis, 2001). see also, shira thani and alvi syahrin. “contribution of islamic law in the development of corruption criminal law.” palarch’s journal of archaeology of egypt/egyptology 18, no. 1 (2021): 456-465; ahmad yani, and megawati barthos. “transforming islamic law in indonesia from a legal political perspective.” alahkam 30, no. 2 (2020): 159-178; windi afdal, “islamic law codification: the friction on authority of islamic law establishment”. jils (journal of indonesian legal studies) 1, no. 1 (2017): 35-46. https://doi.org/10.15294/jils.v1i01.16567. m. muhyidin, y. p. adhi, & t. triyono 78 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) is feared that religious teachings will occur as a means of legitimizing power or religion as a positive law of the state. the fear of a muslim over the teachings of islam is called islam phobi. this attitude became mainstream in the 1980s when the government itself marginalized the role of religion in government. the government often stigmatizes someone as radical, extreme, or part of efforts to establish an islamic state in indonesia. this became a separate problem within the internal body of indonesian muslims when islamic religious values regarding the death penalty were adopted in the draft criminal code. there are some muslims who want the formalization of sharia in indonesia, but there are also those who reject it. cultural islam – such as the nu mass organization and its figure gus dur – puts forward the values of the substance of islamic law rather than just the formalization of sharia itself. it is not wrong if the renewal of criminal law is also through legal political policies. the next problem is that when the doctrine of islamic religious law will be included in the draft law, some muslims also refuse. the refusal was because religion should not enter the territory of the state which would in the end damage the sanctity of the islamic religion. after a brief description of the background of the death penalty in islam, the author can formulate the problem as follows: (1) what is the essence of islamic law? (2) what extent is the contribution of islamic law in the regulation (formulation policy) of the death penalty in the context of reforming the national criminal law? b. method this research uses a normative juridical approach. the collection of research materials was carried out based on a literature study. data analysis was carried out by interpreting data, limited to the research problem studied based on the data collected and processed for the purposes of this study. this study was analyzed descriptively analytically, namely looking for and determining the relationship between the data obtained from the research and the existing theoretical basis used so as to provide constructive descriptions of the problems studied. in addition, qualitative analysis methods are also used with the aim of understanding the phenomena studied. contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 79 c. result and discussion 1. the essence of islamic law: between divine law and man-made law many issues related to the construction of the epistemology of islamic law, both related to aspects of the essence of islamic law, sources and methods of obtaining islamic law, and the validity of islamic law. in the aspect of the nature of islamic law, for example, it seems that the color of the divinity of islamic law is still very strongly echoed by islamic theorists. islamic law is considered the eternal and eternal law because it originates from the word of god, which according to the dominant theological school, is first (qadim). it is the understanding that islamic law originates in the qadim of allah which has led islamic jurists to conclude that the existence of islamic law as divine law precedes the existence of society and the state. as a divine law, its existence is considered perfect, eternal, and truly is considered a real law, made, and valid throughout time with a universal character that can be applied by all mankind. such an understanding of islamic law has become so institutionalized and rooted and entrenched in the minds of islamic jurists, who are then confronted with man-made law. when the issue between man-made law is confronted with islamic law which is divine law, it will become a serious problem, let alone be contradicted antagonistically. contrasting between the two blindly is an unwise step because, in the end, it will narrow the realm of truth only to revelations written in the scriptures. meanwhile, in addition to revelation, humans are endowed with reason by god because of which, humans can dig up truths from anywhere, including asking again what humans have understood about the texts in the holy book itself. islamic law is categorized as divine law because the existing rules are made directly by god to regulate human life in the world. understanding like this is the understanding that is commonly understood so far. if we pay attention to the above understanding, it places islamic law as a purely topdown entity and releases its historical-sociological nature. islamic law is a command of god and is therefore binding as a religious ideal that is different from man-made law and is considered a social phenomenon that is subject to human needs and values. for that reason, the law in the view of muslim thinkers is not an independent and empirical study. according to muhammad ‘abid al-jabiri said that the historicalsociological aspects of islamic law are important to be understood well because through this aspect we will be helped in understanding the legal verses contained in the al-qur’an. furthermore, he explained, islamic law is built on three pillars, such as abolition (nasakh), the reasons for the m. muhyidin, y. p. adhi, & t. triyono 80 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) revelation of the verse (asbâb al-nuzûl), and the objectives of shari’ah (maqâshid al-syarî'ah). if you pay attention, these two pillars; nasakh and asbâb al-nuzûl are related to the historical-sociological aspects of islamic law. this means that although islamic law is understood as divine law, it does not mean that it abandons the uniqueness and specificity of the place where the holy book (al-qur’an) was revealed, as well as the cultural situations and conditions that must be adapted to it. islamic law did not come down in a vacuum. considering this reality, from the beginning, islamic law should have a very strong empirical-functional color. it is said to be empirical-functional because islamic law in the form of verses of the al-qur’an which were direct law at that time was revealed to provide answers to various problems that arose at that time, whether it was through the request of the apostle himself or questions from friends or colleagues brought down by god’s initiative. it is this sociological historical aspect that islamic jurists seem to be trying to eliminate, no longer being a practical but theoretical study. this is further exacerbated when the methods used in islamic legal ijtihad tend to support the neglected process. mohammed arkoun is one of the contemporary muslim scholars who see the above trend. according to a. qodri azizy12 in his book eklektisisme hukum nasional, the legal system influences each other in the sense of forgiving each other. it doesn’t matter which legal system influences or is influenced first. because the most important thing for legal experts is how the laws, they form can provide benefits for the better. in other words, if we relate to our previous discussion about islamic law as divine law and man-made law or quoting a. qodri azizy-general law or secular law, both are not appropriate if they continue to be dichotomized as mutually hostile entities. even, he added that islamic law which strongly adopts local or national customs in general will very likely also be influenced by western law in a country or region. especially after the west, especially europe broke away from the dark age through the renaissance and was accompanied by rapid progress in almost all fields. europe began to colonize the nations in the east that were not a little muslim. even in the case of turkey, which was not directly colonized by europe, when europe began to advance, turkey had adopted several legal provisions that were already in effect in europe. even the legal reforms in many countries where the majority are muslims are also oriented towards the legal system in the west, both from the roman law system family and from the common law system family. many examples can be shown, such as 12 azizy a. qodri, eklektisisme hukum nasional; kompetisi antara hukum islam dan hukum umum. contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 81 middle eastern countries, pakistan, indonesia, malaysia, and others. these countries when they started modernization were also inseparable from the tradition of progressing western law. in fact, by bringing the name siyasa syar’iyyah. it means the government’s authority to carry out policies that are desired for the benefit, through rules that do not conflict with religion, even though there are no specific arguments. from what has been described above, it seems that qodri aziziy is trying to resolve unnecessary tensions between islamic law and secular law, or between divine law and man-made law. in other words, why should muslims be afraid to compromise between islamic law and secular law when history has proven that so far there is no problem. of course, what is meant by compromise here is in the sense that the aspects that are compromised do not conflict with the religiously oriented nature of islamic law. this is the most difficult, because as long as islamic law theorists view islamic law more as the embodiment of the eternal word of god, as long as these processes of compromise will never occur. the views of islamic law scholars say that islamic law has not changed because islamic law is idealistic and does not pay attention to the actualities and realities of society. islamic law is more of a religious matter than a mere worldly one13. therefore, there is a need for a paradigm shift (shift of paradigm) in understanding what is called islamic law. if we look at the understanding of the nature of islamic law as divine law, it is seen more from the level of the source or origin of the law being formed, not from the aspect of its legal purpose (maqashid). this means that as long as a legal product is extracted from the al-qur’an and hadith and is added to the packaging of islamic symbols without considering the aspect of the ultimate goal of the law it is immediately considered islamic law. this kind of understanding has made what is called islamic law trapped in its ideal world. it is within this framework of thinking that al-jabiri previously stated that the pillars of islamic law are supported by three things, such as naskh, asbâb al-nuzûl, and maqâshid al-syarî'ah. this means that good islamic law must be built on historical awareness and must be the true goal and idealism that is constantly being built. to realize this idealism, we can take advantage of various sources of law without having to limit ourselves to the al-qur’an and hadith, through what is called ijtihad. it is very possible, that it is true that the al-qur’an as the main and first source of islamic law does not contain all legal issues, but it does provide general concepts that may be applied in realizing the law. 13 fadil nur lubis, hukum islam dalam kerangka teori fikih dan tata hukum indonesia (medan: pustaka wedyasarana, 1995). m. muhyidin, y. p. adhi, & t. triyono 82 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) without intending to deny the existing formulation of islamic law, “a legal product (man-made law) even though it is not labeled islam but can help achieve the goals of sharia as mentioned above, it is essentially islamic law as well.” this interpretation invites us to look at islamic law from a pragmatic perspective too because our common sense is difficult to accept when a legal product that is said to be sourced from the al-qur’an and hadith allows husbands to commit violence to their wives. or restricting women’s movement in the public world for the sole reason of protecting them. al-qur’an is placed as the first rank in terms of qath’ian, both in terms of source truth (tsubut) and content of meaning (dalalah), there is no need to doubt it. as a consequence of the qath’i al-dilalah attribute of the al-qur’an, no one is allowed to interpret, let alone deviate from the sound of the text of the al-qur’an. unless the appointment is zhanni, it is still possible for legal experts to provide different understandings from one another. the prohibition of interpreting or deviating from the sound of the text of the al-qur’an which is categorized as qath’i al-dilalah is questioned by ilyas supeno and m. fauzi in their book dekonstruksi dan rekonstruksi hukum islam because it contains shortcomings and weaknesses both methodologically and historically. methodologically, it is very difficult for someone to have a common understanding of one issue, let alone a text of the holy book (al-qur’an). because a nash which some people think is clear in meaning (sharih) is not necessarily clear to others (ghair al-sharih). the case is almost similar to ijma. problems that are considered to have been agreed upon by the scholars, turn out to be only the agreement of the scholars of the school of thought14. this condition is very likely to occur, and in fact, historically it has been proven that there has never been an agreement among ushul scholars in determining the qath’i or zhanni of a text. this means, that the classification of the qath’i and zhanni of a text is more subjective (from the scholars concerned), therefore the law it contains is of relative value. in other words, in determining a nash including qath’i and another including zhanni there is an element of inconsistency. the difference in classification can be seen from the problems categorized as qath’i. but in general, it can be concluded that nash qath’i are texts that talk about issues of aqidah, worship, provisions for inheritance, kaffarah (fines), hudud (criminal acts), and others. 2. qishahs and the idea of balance the criminal function as a way of dealing with crime has changed along with the development of society itself. one of the criminal functions in 14 m.quraish shihab, membumikan al-qur’an (bandung: mizan, 1992). contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 83 the past was “retaliation” against the perpetrator. then there is a shift in criminal function changes that lead to the protection of individuals from other individual disturbances and the protection of society from their disturbances. now, this is even leading to the “guidance” of prisoners for return to society (dirdjasworo, 1984:11). of course, the current punishment excludes the death penalty because it is not possible to guide a person while he or she has died. thus, even though the meaning, nature, form, and purpose are always changing, crime as a means of eradicating crime is still needed by the community. crime is still considered as the only last answer in eradicating crime. even now there are still efforts to reduce crime by increasing criminal sanctions, for example by imposing the death penalty. one of the studies conducted by the media group research and development in six big cities, such as jakarta, makassar, medan, surabaya, yogyakarta, and bandung with 476 respondents resulted in a conclusion that leads to the approval of the death penalty. research and development media group divides respondents into two categories, muslim and non-muslim with as shown on table 1. table 1. statement of agreement in the percentage of the death penalty against no description muslims non-muslims 1 premeditated killer 70% 60% 2 terrorist 80% 74% 3 drug dealer 82% 65% 4 big corrupt 74% 50% sources: authors, 2021 (edited) this shows that people still accept the death penalty as a form of crime prevention even though some people reject the imposition of the death penalty. the existence of the death penalty in the concept of the criminal code is still maintained because the current concept of the criminal code is motivated by various points of view towards the idea of balance. according to barda, the idea of balance includes five aspects15, are as follows: a. monodualistic balance between general/public interest and individual interest. b. a balance between the protection/interests of the perpetrator of a crime (the idea of criminal individualization) and the victim of a crime. balance between objective (deeds/outward) and subjective 15 barda nawawi arief, bunga rampai kebijakan hukum pidana. m. muhyidin, y. p. adhi, & t. triyono 84 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) (person/inner/inner attitude) elements/factors, the idea of daad-dader strafrecht. c. the balance between formal and material criteria. d. the balance between legal certainty, flexibility/elasticity/flexibility, and justice. e. balance of national values and global/international/universal values. the idea of balance gave birth to a wiser and wiser attitude because they saw things from two different angles/directions, not only seeing the perpetrators but also the victims, not seeing the interests of the individual but also seeing the interests of the community. so that the purpose of punishment in the concept is directed to community protection and individual protection/development16. the interests of the community need to be protected so that there is no “judgment” action outside the court or the emergence of irrational emotions of personal/community revenge. the interests of individuals in the death penalty also need to be considered so that the formulation policy in the criminal code concept has the following provisions, are as follows: a. postponement of the implementation of the death penalty or conditional death penalty is if during the probationary period (ten years) the convict shows a commendable attitude, the death penalty can be changed to life imprisonment or twenty years imprisonment (article 86). b. life imprisonment can be changed to fifteen years imprisonment if the convict has served a minimum sentence of ten years with good behavior (article 67) so that it is possible for the convict to get conditional release. although the death penalty still exists in the concept of the criminal code, it is special (exceptional) because the death penalty is essentially not the main/basic means to regulate, discipline, and improve individuals/societies as in medicine, a doctor amputates a patient for his or her limbs because medically it is already can no longer be treated by a doctor. in other words, the death penalty is alternatively imposed as a last resort to protect the community based on monodualistic ideas17. one of the islamic thinkers, imam akbar mahmud shaltut former chancellor of al-azhar egypt in his statement regarding the law of qishash (death penalty) for the crime of intentional murder as follows: even though islam stipulates the death penalty for the crime of murder, it does not view qishahs as obligatory, with a definite meaning and nothing 16 barda nawawi arief. 17 barda nawawi arief, pembaharuan hukum pidana dalam perspektif kajian perbandingan. contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 85 else. it is not like that! islam tells you to choose between qishas and forgiveness and is told to choose between forgiveness at all (no payment). islam suggests forgiving feelings to the souls of people and kindles the spirit of brotherhood in their hearts. that is the source/of compassion and spaciousness. anas bin malik said: “every case of qisash brought to the rasullullah, he ordered to be forgiven”. based on that arose a famous saying among fiqh experts which reads: “forgiveness is better than peace, and peace is better than qishash”. islam gives the right to demand and forgive in the hands of the guardian of the blood of the slain. ulil amri (government) is given the right to forgive (sorry) if the blood guardian continues to demand qishash. but besides that, islam gives the government (judges) the right to persist in punishing the guilty, even if the blood guardian chooses the path of forgiveness, if the guilty is known as a dangerous criminal and the imam (judge) views, that the interests of benefit are pressing to impose the law, to avoid danger and maintain public peace....”. seeing the thoughts of sheikh mahmud saltut who described the problem of qishashs can be revealed that the qishash crime is not the only way that must be carried out by the victim’s family. the families of the murder victims have three choices in “retaliating” for the perpetrator’s actions. he or she can take revenge killing as long as it can be approved by the judge/priest/government with deep considerations or the victim’s family can apologize by getting compensation (diyat). diyat is to pay compensation for a predetermined amount of property for the victim’s family. in the case of murder, the diyat is 100 camels or the equivalent of the animal. while the last option he or she forgives the perpetrator without getting any compensation at all. a priest/ulil amri/government/judge also has the same rights as the victim’s family to maintain the peace of the community it can even happen that the demands of the judge/priest/ulil amri/government are not the same as the rights of the family. when the victim’s family demands revenge for their life using qishash, then a judge can refuse it by looking at the perpetrator who should not be punished by qishash to kill. on the other hand, when the victim’s family only forgives the perpetrator, then a judge/priest/ulil amri/government can impose a death penalty on him or her when he or she sees the perpetrator may be as a very dangerous person for the community by standing on the benefit of the people. if allowed to live it will disturb the sense of security and peace of society. so killing is the only way and the last way to pacify the society. following the rules of islamic law if there is a clash of two dangers (mafsadah), then the greater danger is avoided while the m. muhyidin, y. p. adhi, & t. triyono 86 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) lesser danger can be done. the original text of the rule of law: idza ta’aaradla al-mafsadatani ru’iya a’dzomuhuma dlararan bi artikaabi akhoffihima. the qishash crime is now in the spotlight with global issues regarding human rights. some say that qishash is a crime that does not recognize humanity, qishash is a crime that has passed its time, and its purpose is only to follow the hurt (revenge) of the victim’s family. such a view is getting stronger nowadays with some european countries abolishing the death penalty. there are several european and latin american countries that have abolished the death penalty with various arguments put forward by the legal experts of each country. for example, countries that have abolished the death penalty in the criminal code are venezuela in 1849, viscusi in 1859, columbia in 1864, the netherlands in 1870, costarica in 1880, italy in 1890, brazil in 1891, and ecuador in 1895. all of them have existed since the 19th century, while the countries that abolished the death penalty in the 20th century were norway in 1902, sweden in 1921, chile in 1930, denmark in 1933, and new zealand in 194118. it should be remembered that the purpose of punishment is not only thinking about the perpetrators of the crime but also thinking about the victims, with the idea of balance. the death penalty, according to hasby al-shidiqqy, must be placed in the balance of the general benefit, not the balance of individual feelings. hasby al-shiddieqy views that a death penalty is a preventive tool so that deviant social behavior does not occur which can result in the loss of a person’s life. if the death penalty is abolished, then it will bring up the courage of people to act to commit murder. likewise, he looks at the situation and condition of a country, trying to compare developed countries with developing countries or poor countries. developed countries only use imprisonment, a perpetrator has felt torture, but what about developing/poor countries? life in prison is sometimes more comfortable than living in a house where welfare or basic needs are not sufficient. even though someone has been sentenced by the death penalty court, there is still a chance or change in the process of serving his or her sentence. if he or she can change his or her attitude and behavior that shows good behavior, then the death penalty will be changed to life imprisonment or twenty (20) years in prison. it is also possible that he still has the opportunity to change his or her sentence which has become lifelong or 20 years, if he is or she is within ten years of serving a life sentence can show good behavior, then it can be changed again to 15 years as has been formulated into the draft of the criminal code year 2004. so the assumption that the death 18 moehadi zaenal, pidana mati; di hapuskan atau dipertahankan (yogyakarta: hanindita, 1984). contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 87 penalty in the perspective of a criminal objective is useless is an assumption that cannot be defended. d. conclusion there needs to be an understanding of the nature of islamic law. whereas in islamic law there are divine laws, there are also man-made laws both of which are different both ontologically and epistemologically. islamic law itself although sourced from god, is very open to interpretation, especially verses or hadiths that are dzanny (nisbi/relative) in their meaning and are always open to being a space for ijtihad. islamic law regarding the death penalty especially the implementation of the qishash punishment does not only focus on the issue of the perpetrator but also the victim. so it is necessary to develop the idea of a balance between the perpetrator and the victim as well as to develop the nature of forgiveness from the victim’s family for the perpetrator as stated by imam al-azhar egypt mahmud shaltut. e. acknowledgments none f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. g. funding none h. references abdurrahman, jalaluddin ibn abi bakr al suyuthi. al-asybah wa alnadhaair fii qawaid wa furu’ fiqh al-syafiiyyah. 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(bandung, mizan, 1992). thani, shira, and alvi syahrin. “contribution of islamic law in the development of corruption criminal law.” palarch's journal of archaeology of egypt/egyptology 18, no. 1 (2021): 456-465. https://archives.palarch.nl/index.php/jae/article/view/2058. wahyuningsih, sri endah, and jawade hafidz. “the development of the indonesian criminal code derived from the yudicial pardon value in islamic law.” addin 11, no. 2 (2017): 295-320. http://dx.doi.org/10.21043/addin.v11i2.2475 https://doi.org/10.15642/alqanun.2017.20.2.473-487 http://dx.doi.org/10.31942/ta.v7i02.5394 https://doi.org/10.1017/s074808140000196x http://dx.doi.org/10.21043/addin.v11i2.2475 contribution of islamic law concerning the death penalty indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 89 yani, ahmad, and megawati barthos. “transforming islamic law in indonesia from a legal political perspective.” al-ahkam 30, no. 2 (2020): 159-178. https://doi.org/10.21580/ahkam.2020.30.2.6333 zainuddin, zainuddin. “restorative justice concept on jarimah qishas in islamic criminal law.” jurnal dinamika hukum 17, no. 3 (2017). http://dx.doi.org/10.20884/1.jdh.2017.17.3.826 zaenal, moehadi. pidana mati: dihapuskan atau dipertahankan. (yogyakarta, hanindita, 1984). https://doi.org/10.21580/ahkam.2020.30.2.6333 http://dx.doi.org/10.20884/1.jdh.2017.17.3.826 m. muhyidin, y. p. adhi, & t. triyono 90 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) about author(s) muhyidin, s.ag., m. ag is a lecturer at faculty of law, diponegoro university. he is lecturer and researcher at civil commerce department, faculty of law, diponegoro university. he currently pursuing a doctorate in law and actively writes articles in some journals and books. his area of expertise is concerning islamic law. yuli praseto adhi, s.h., m.kn. is a lecturer at faculty of law, diponegoro university. he is lecturer and researcher at civil commerce department, faculty of law, diponegoro university. he currently pursuing a doctorate in law and actively writes articles in some journals and books. his area of expertise is concerning indonesian legal studies and notary. some of his works have been published on several journals such as tinjauan yuridis perjanjian sewa-menyewa tanah bengkok desa papasan yang dianyatakan batal demi hukum (studi kasus putusan pengadilan negeri jepara nomor: 36/pdt. g/2020/pn. jpa) (diponegoro law review, 2022), pengelolaan kekayaan intelektual berbasis kearifan lokal sebagai penguatan budaya literasi, kreativitas, dan inovasi (jurnal pengabdian hukum indonesia, 2021), law enforcement in the field of music in the spotify application program (journal of private and commercial law, 2021), creativity in intellectual property rights in indonesian pandemic: challenges and opportunities (journal of legal, ethical and regulatory issues, 2021). triyono, s.h., m.kn. is a lecturer at faculty of law, diponegoro university. he is lecturer and researcher at civil commerce department, faculty of law, diponegoro university. he currently pursuing a doctorate in law and actively writes articles in some journals and books. his area of expertise is concerning indonesian legal studies and notary. https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:se3iqnhoufwc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:se3iqnhoufwc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:se3iqnhoufwc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:_fxgofyzp5qc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:_fxgofyzp5qc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:rolk4nbrz8uc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:rolk4nbrz8uc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:lkgwnxomwfcc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:lkgwnxomwfcc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=baezbhaaaaaj&sortby=pubdate&citation_for_view=baezbhaaaaaj:lkgwnxomwfcc attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20ceeafba625 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare legal education regarding the dangers of drug abuse indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 193 research article optimization of legal education for drugs abuse prevention in tegalrejo district yogyakarta muhammad ramadhan1*, dwi oktafia ariyanti2, ridwan arifin3 1 faculty of law, universitas janabadra, yogyakara, indonesia 2 faculty of law, universitas janabadra, yogyakara, indonesia 3 faculty of law, universitas negeri semarang, indonesia *corresponding author: m. ramadhan, email: muhammad_ramadhan@janabadra.ac.id abstract: drug abuse as an extraordinary crime is carried out by involving many countries and a very large network, including indonesia and especially in the province of d.i. yogyakarta, known as a student city. however, the predicate city of students cannot make the province of d.i. yogyakarta free from the dangers of drugs, instead it is ranked as the first province in indonesia with the most users. thus the need for education and understanding provided to the community, especially in the tegalrejo sub-district region, is expected to reduce the number of drug users. the educational activities carried out received enthusiasm from the residents of tegalrejo, which was attended by many residents from various backgrounds, starting from community leaders, village officials and attended by local youth or youth. from legal education activities to the dangers of drugs, participants who participate in these activities can understand all kinds of forms and types of drugs, apart from that, they also get knowledge of the effects of the dangers of drugs and can find out the characteristics of users to be more aware of in social relations with others. the advice given is to collect suspicious migrant data and strengthen positive activities from village officials and youth organizations so that tegalrejo subdistrict is free from drug threats. keywords: drugs abuse, narcotics, crime, legal education indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 2 (2020): 193-204 doi: 10.15294/ijals.v1i2.33808 submitted: 29 august 2019 revised: 17 december 2019 accepted: 26 december 2019 how to cite: ramadhan, m., ariyanti, d.o., & arifin, r. (2020). optimization of legal education for drugs abuse prevention in tegalrejo district yogyakarta. indonesian journal of advocacy and legal services, 1(2), 193-204. doi: 10.15294/ijals.v1i2.33808 muhammad ramadhan, et al 194 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) a. introduction indonesia is currently a country that has become the target of drug dealers. various types of drugs are often smuggled by foreign citizens to enter indonesia and make indonesia a haven for dealers because of the high number of drug users in the country of indonesia. drug trafficking in indonesia continues to increase every year, based on data obtained from the national narcotics agency (bnn) stating that there is an increase in drug abuse, especially among adolescents, where an increase of 24 to 28 percent of adolescent drug addicts in 2017-2018, which a few years ago was only 20 percent.1 narcotics itself is an extension of narcotics, psychotropics and additives, or another term known as drugs. narcotics itself is a substance or drug that comes from plants or not plants, both synthetic and semisynthetic, which can cause a decrease or change of consciousness, loss of taste, reduce to eliminate pain, and can cause dependence.2 as well as psychotropic substances or drugs, both natural and synthetic non-narcotics, which have psychoactive properties through selective influences on the central nervous system that cause changes in mental activity and behaviour.3 basically narcotics, psychotropic substances or additives are hard drugs used in the medical world intended for treatment, therefore their use must be with the right prescription and monitored by medical personnel, because the effects of narcotics are very dangerous. drug abuse in the yogjakarta province, especially among adolescents, ranks first as a drug user in indonesia. this makes it very sad that jogjakarta is known as a student city, a city filled with educated teenagers and even more teenagers are the next generation and the future of the indonesian nation. distribution of drugs itself in several regions in the 1 bnn puslidatin, penggunaan narkotika di kalangan remaja meningkat, 12 august 2019, https://bnn.go.id/penggunaan-narkotika-kalangan-remaja-meningkat/ 2 law number 35 of 2009 concerning narcotics. 3 law number 5 of 1997 concerning psychotropics. psychotropic drugs are not designed to work instantly. for some, the medications can begin working in several weeks while others may need to try several different medications before finding the right one. for more comprehensive insight, see kristalyn salters-pedneault, understanding psychotropic drugs, 25 september 2019, https://www.verywellmind.com/psychotropicdrugs-425321. some drugs in addition to having a positive effect in the medical world, but also has a negative impact, erama associated with emotional and psychological changes in a person. so that in many countries, including indonesia, the misuse of drugs becomes one of the criminal offenses that is threatened with crime, see t. s. sathyanarayana rao & chittaranjan andrade, classification of psychotropic drugs: problems, solutions, and more problems, indian j psychiatry, 2016 apr-jun; 58(2), pp, 111–113. doi: 10.4103/0019-5545.183771 https://bnn.go.id/penggunaan-narkotika-kalangan-remaja-meningkat/ https://www.verywellhealth.com/kristalyn-salters-pedneault-phd-425092 https://www.verywellmind.com/psychotropic-drugs-425321 https://www.verywellmind.com/psychotropic-drugs-425321 https://www.ncbi.nlm.nih.gov/pubmed/?term=sathyanarayana%20rao%20ts%5bauthor%5d&cauthor=true&cauthor_uid=27385840 https://www.ncbi.nlm.nih.gov/pubmed/?term=sathyanarayana%20rao%20ts%5bauthor%5d&cauthor=true&cauthor_uid=27385840 https://www.ncbi.nlm.nih.gov/pubmed/?term=andrade%20c%5bauthor%5d&cauthor=true&cauthor_uid=27385840 https://www.ncbi.nlm.nih.gov/pmc/articles/pmc4919951/ https://dx.doi.org/10.4103%2f0019-5545.183771 legal education regarding the dangers of drug abuse indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 195 province of yogjakarta by bnnp get a division of drug-prone areas including drug-prone level i and level ii drug prone. in the distribution of drug-prone areas, tegalrejo sub-district is an area that is ranked secondlevel drug prone. therefore, residents who live in tegalrejo sub-district need education on the dangers of drugs as well as teenagers as the next generation of the nation must be saved from the dangers of drugs. the purpose of this community service activity is to provide education and knowledge about the effects caused by drugs. b. method the method used in the implementation of these community service activities is by providing education to the community of tegalrejo subdistrict to the dangers posed by drug abuse especially among adolescents. the education provided is in the form of material exposure regarding types, modus operandi, the impact of misuse, the characteristics of drug users and the sanctions provided if they violate the provisions of the laws and regulations. apart from providing education about the dangers of drugs, there is also a discussion or question and answer session between tegalrejo residents and presenters so that citizens can better understand the dangers of drugs. in this session, every citizen is given the freedom to ask questions about the dangers of drugs and solutions to be done if there are citizens who become drug addicts. c. result and discussion 1. legal education concept for preventing crimes legal education, as used here, refers to experiences and training which help different kinds of people to understand and use law in society. our primary focus is upon university institutions which provide intensive, structured education in law, but we think a report on legal education addressed to development should adopt a much broader perspective of needs for legal education. a citizen, to be effective in enjoyment of his civic capacities, needs a basic knowledge of at least some aspects of law. officials and others who perform important law roles—e.g., as policemen, businessmen or politicians-need an understanding of parts of the law and its underlying policies and values. the proliferation and specialization of various new activities may call for particularized kinds of legal education.4 4 jorge avendafio, et al, legal education in a changing: world report of the committee on legal education in the developing countries, new york, international legal center, muhammad ramadhan, et al 196 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) furthermore, avendafio et.al also emphasized that historically, in many different societies, law has been one of the pre-eminent fields of higher learning and a route to positions of importance. the tendency of lawtrained persons to gravitate to significant centers of decision-making exists in many different societies today. it is, of course, not inevitable, but where it exists, it is a fact to be taken into account in evaluating the importance of legal education. therefore, legal education recognized as an avenue to the world of affairs.5 it is also highlighted that, typically, the discipline of law is regarded as part of the humanities. this is so because: (a) law covers so many human activities and relationships; but (b) it also deals with much of the same phenomena as the social sciences, and is increasingly informed by them; and (c) it is intellectually demanding-requiring abilities to draw from a variety of sources in analyzing problems, evidence and arguments to make careful distinctions and to handle abstract concepts; and (d) it is directly related to the world of concrete practical problems; and (e) it is concerned, as perhaps no other subject is concerned, with the practical operation of processes and procedures; and (f) it has a rich heritage of literature, philosophy and historical experience.6 popkewitz, olsson, and petersson concerning to legal education on preventing crimes, emphasized that the ‘learning society’ expresses principles of a universal humanity and a promise of progress that seem to transcend the nation. they highlighted how the society is governed in the name of a cosmopolitan ideal that despite its universal pretensions embodies particular inclusions and exclusions. these occur through inscribing distinctions and differentiations between the characteristics of those who embody a cosmopolitan reason that brings social progress and personal fulfilment and those who do not embody the cosmopolitan principles of civility and normalcy. mapping the circulation of the notion of the ‘learning society’ in arenas of swedish health and criminal justice, and swedish and us school reforms is to examine the mode of life of the citizen of this society, the learner, as an ‘unfinished cosmopolitanism’ and also directs attention to its ‘other(s)’—those that are outside.7 1975, p. 26.; dwi oktafia ariyanti & muhammad ramadhan, legal education against the impact of social media in the era of information disclosure for pringgokusuman residents in yogyakarta, indonesian journal of advocacy and legal services, vol. 1 no. 1, pp. 129-134. https://doi.org/10.15294/ijals.v1i1.33768 5 jorge avendafio, et al, ibid., p. 38. 6 ibid. 7 thomas s. popkewitz, ulf olsson, and kenneth petersson. “the learning society, the unfinished cosmopolitan, and governing education, public health and crime prevention https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33768 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33768 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33768 legal education regarding the dangers of drug abuse indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 197 moreover, in the context of crimes prevention, reid highlighted the concept of crimes it self, that according to him, crime formulates the basis for a study of criminal behaviour. in the further context, he said crime as deviant behaviour.8 therefore, some crimes are needed a special treatment, especially if the crimes involved the juveniles or insignificant crimes, such as penal mediation.9 2. implementation of legal education to prevent drugs abuse innovation, resistance and conformity have been the hall marks of legal education in global south. one of the recent paradigms has given a clarion call to alter legal education into justice education10, including in indonesia. drugs abuse has become a serious problem, especially nowadays. previous research showed that initial 430 potential studies identified, nine quantitative studies met the inclusion criteria. studies evaluated compulsory treatment options including drug detention facilities, short (i.e., 21-day) and long-term (i.e., 6 months) inpatient treatment, communitybased treatment, group-based outpatient treatment, and prison-based treatment. three studies (33%) reported no significant impacts of at the beginning of the twenty-first century.” contesting governing ideologies, routledge, london, 2017, pp. 68-87. 8 sue titus reid, crime and criminology. wolters kluwer law & business, london, 2015, pp. 56-57. 9 sri hartanto, indah sri utari, ridwan arifin, implementation of penal mediation in the perspective of progressive law (study at the semarang city police department), ijcls (indonesian journal of criminal law studies), vol. 4 no. 2, 2019, pp. 161-188. doi: https://doi.org/10.15294/ijcls.v4i2.21494; ridwan arifin, how to advocate for people who have problems with the law? a book review communication in legal advocacy, richard ricke & randall k. stutman, south carolina university press, indonesian journal of advocacy and legal services, vol. 1 no. 1, 2019, pp. 153-160. https://doi.org/10.15294/ijals.v1i1.33807. concerning o punishment for juveniles, it is emphasized that enalty imposed on children in their enforcement must see various considerations in binding human rights and the role of the community itself within the scope of society for that social system is very instrumental in the guidance of children who are deemed to have violated the rules in force at that time and in the rules that were set from the beginning with the initial thus the community plays an active role compared to the established criminal penalties such as prison and confinement. but basically the sentence has an educational nature to it in the thinking of a figure taken from m.j. langeveld in his book beknopte theorishe paedagogiek argues that punishment is an act in which we consciously even intentionally impose misery on someone both physically and spiritually, having various weaknesses and impacts both for children who are given sanctions or punishment and for the community, see ria juliana & ridwan arifin, anak dan kejahatan (faktor penyebab dan perlindungan hukum), jurnal selat, vol. 6 no. 2, 2019, pp. 225-234. https://ojs.umrah.ac.id/index.php/selat/article/view/1019. 10 shashikala gurpur & rupal rautdesai, revisiting legal education for human development: best practices in south asia, procedia social and behavioral sciences volume 157, 27 november 2014, pp. 254-265, https://doi.org/10.1016/j.sbspro.2014.11.028 https://doi.org/10.15294/ijcls.v4i2.21494 https://journal.unnes.ac.id/sju/index.php/ijals/article/download/33807/14335 https://journal.unnes.ac.id/sju/index.php/ijals/article/download/33807/14335 https://journal.unnes.ac.id/sju/index.php/ijals/article/download/33807/14335 https://www.sciencedirect.com/science/article/pii/s1877042814058480#! https://www.sciencedirect.com/science/article/pii/s1877042814058480#! https://www.sciencedirect.com/science/journal/18770428 https://www.sciencedirect.com/science/journal/18770428/157/supp/c https://doi.org/10.1016/j.sbspro.2014.11.028 muhammad ramadhan, et al 198 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) compulsory treatment compared with control interventions. two studies (22%) found equivocal results but did not compare against a control condition. two studies (22%) observed negative impacts of compulsory treatment on criminal recidivism. two studies (22%) observed positive impacts of compulsory inpatient treatment on criminal recidivism and drug use.11 another researches, in the same context, showed that student knowledge and views regarding government versus private rehabilitation centers, as well as their exposure to, and views about, school-based drugprevention education is very variatives. it is also emphasized that drug users, in other words, were portrayed as from lower socioeconomic strata, often resorting to crime to fund their habit. recent reports, however, suggest that drug users come from many different backgrounds, with white collar workers, civil servants, college students, and adolescents all represented in significant numbers.12 furthermore, to prevent drugs abuse, education as well as socialization recognized as the most effective ways. it is as highlighted by maharg, that in the legal education is need to be cautious about the place of theory in discussion of legal education for two reasons. firstly, in education (and particularly educational psychology) there are strong positivist traditions of empirical theory and research that hold to what might loosely be termed a ‘black box’ view of human learning. the tradition is most closely associated with laboratory research paradigms, and adheres to a pre-test, test and post-test model of research. second, and related to the first point, it is often the case in education that an openness to alternatives in theory is essential. legal education rarely tolerates theoretical absolutes.13 in the same context, it is also emphasized that implementation of supervisory duty on illicit drug trafficking is needed joint effort between law enforcement apparatus and all societyelememt. the large amount of drugs 11 d.werb, a. kamarulzaman, m. c. meacham, c. rafful, b. fischer, s. a. strathdee, & e. wood, the effectiveness of compulsory drug treatment: a systematic review. international journal of drug policy, volume 28, 2016, pp.1-9. https://doi.org/10.1016/j.drugpo.2015.12.005 12 qiu ting chie, cai lian tam, gregory bonn, chee piau wong, hoang minh dang and rozainee khairuddin, drug abuse, relapse, and prevention education in malaysia: perspective of university students through a mixed methods approach, frontiers in psychiatry, vol. 6(65), 2015, pp. 1-13. https://doi.org/10.3389/fpsyt.2015.00065. 13 paul maharg, transforming legal education learning and teaching the law in the early twenty-first century, routledge, london, 2016, pp. 17-18; restiana pasaribu, fight narcotics with community strengthening: crime control management by community policing, jils (journal of indonesian legal studies), vol. 3 no. 2, 2018, pp. 237-252. https://doi.org/10.15294/jils.v3i02.27533 https://doi.org/10.1016/j.drugpo.2015.12.005 http://frontiersin.org/people/u/192308 http://frontiersin.org/people/u/196622 http://frontiersin.org/people/u/115502 http://frontiersin.org/people/u/106300 https://doi.org/10.3389/fpsyt.2015.00065 https://journal.unnes.ac.id/sju/index.php/jils/article/view/27533 https://journal.unnes.ac.id/sju/index.php/jils/article/view/27533 legal education regarding the dangers of drug abuse indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 199 abuse needs to get more attention, especially in the case of drug abuse prevention. the number of drugs abuse must be minimized so that the problem of drugs abuse is not widespread. efforts to overcome the abuse of drug trafficking is a shared responsibility between family, community and government.14 moreover, the problem of drugs abuse as well as illegal drugs trafficking beside need the integrated cooperation between stakeholders, also need to formulate a good laws and regulations to responds the problems,15 as well o prevent the drugs abuse through education and community empowernment in yogyakarta, legal education to prevent drugs abuse, held in the district of tegalrejo d.i. yogyakarta runs smoothly, while the participants who attend the education consist of community leaders, village residents and youth groups. throughout the activity the participants were enthusiastic and this was indicated by the number of participants who attended more than 50 people and the tranquility throughout the activity. this activity is carried out in 2 stages, in the first stage educational activities on the substance of the drug are carried out with 2 (two) speakers conducted in a language that is straightforward and easy to understand, with the first speaker giving material to the drug itself, namely the origin of the drug, the utilization drugs that are appropriate for their use, recognize the types of drugs in circulation, their effects, the modus operandi of dealers and the characteristics of drug users.16 here the residents are explained about the origin of opium which was first used by the sumerians as a plant of happiness which was further used in the past as a medicine for pain relief during medical operations, with this information residents can know that basically the use of drugs is permitted as long as it is carried out for medical world in terms of treatment carried out by prescription and proper supervision. apart from that the residents were also informed of the types of drugs and their inheritance, including marijuana, methamphetamine, opium, heroin, cocaine and ecstasy, the introduction of these types of citizens is expected to be able to understand 14 restiana pasaribu, fight narcotics with community strengthening: crime control management by community policing, jils (journal of indonesian legal studies), vol. 3 no. 2, 2018, p. 239. 15 indah sri utari & ridwan arifin, law enforcement and legal reform in indonesia and global context: how the law responds to community development?, journal of law and legal reform, vol. 1 no. 1, 2019, pp. 1-4. https://doi.org/10.15294/jllr.v1i1.35772 16 romli atmasasmita, tindak pidana narkotika transnasional dalam sistem hukum pidana indonesia, citra aditya bakti, bandung, 2013, pp. 64-66. https://journal.unnes.ac.id/sju/index.php/jils/article/view/27533 https://journal.unnes.ac.id/sju/index.php/jils/article/view/27533 https://journal.unnes.ac.id/sju/index.php/jllr/article/view/35772 https://journal.unnes.ac.id/sju/index.php/jllr/article/view/35772 muhammad ramadhan, et al 200 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) the shape of these prohibited objects in order to avoid and report to the authorities if they know the existence drugs.17 the modus operandi presented by the speaker is with the aim of citizens being able to anticipate the dealers who are around, especially the migrants in tegalrejo, as many of the modus operandi by the dealer include being distorted in a workshop or in books and other objects which are then circulated. besides that the speaker also explained the characteristics of drug users in the hope that residents could know if one of the tegalrejo residents were users so that further treatment could be done in the hope that the drug users could be rehabilitated.18 the second speaker explained about the sanctions in effect from the provisions of the law, as for acts that can be ensnared by law if carrying out activities related to drugs without proper supervision, such as the threat of punishment for those who own, store, plant, produce, sell and sell buying as well as drug abuse. by providing information on legal sanctions, it is expected that tegalrejo residents will supervise each other, especially teenagers, so that they do not engage in drug-related activities. in the final stage of the drug dangers, a question and answer session was held between residents and presenters, here seemed enthusiastic about the public asking questions about the presentations that had been delivered by the speakers. activities that last for approximately 3 hours can run smoothly without any obstacles or obstacles. at the end of the activity conclusions can be drawn to residents of tegalrejo including more supervision of adolescents, data collection on migrants who are in tegalrejo and holding positive activities to avoid the dangers of drugs. d. conclusion the knowledge of tegalrejo residents is increasingly on the dangers of drugs. education provided is a step to convey information about the dangers and legal sanctions for drug abuse. the awareness of residents to keep tegalrejo free from drugs is higher with increased supervision and siskamling activities around the tegalrejo area. 17 hari sasangka, narkotika dan psikotropika dalam hukum pidana, mandar maju, bandung, 2011, pp. 25-29; kusno adi, kebijakan kriminal dalam penanggulangan tindak pidana narkotika oleh anak, umm press, malang, 2014, pp. 54-57. 18 supreme court circular no. 3 of 2011 concerning the placement of victims of drug abuse in the institute for medical rehabilitation and social rehabilitation legal education regarding the dangers of drug abuse indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 201 e. acknowledgments these remarks were conveyed to the university of janabadra, tegalrejo sub-district head, village head, community leaders, karang taruna tegalrejo chairperson and all the organizers of the legal hazard education activities. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. g. funding program of the community services and research funded by research program grant, research and community service institute, universitas janabadra yogyakara, indonesia, 2019. h. references adi, k. 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this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 65 increasing legal capacity for communities in the context of realizing a village of law awareness and child friendly study of kedungkelor village, tegal regency, indonesia bagus edi prayogo1*, amanah2, tirta mulya wira pradana3, rodiyah4 1,3,4faculty of law, universitas negeri semarang, indonesia 2economic development department, faculty of economics, universitas negeri semarang, indonesia *corresponding author: b.e. prayogo, bagus21edi@gmail.com abstract: the purposes of community services program and research are to support, analyze, and create an accountable, transparent, independent, legally-aware and child-friendly village in kedungkelor village, warureja sub-district, tegal regency. the paper analyzed two major parts are taken in the title of the service as well as aware of the law and child worth. legal awareness and worthy of children are considered important because the child's world is very determining how the child will grow up later so that the village apparatus and the community need to increase of awareness related to the law and in the policies formulated by the village government or the community itself must be child-oriented. the program implemented a to realize a village that is aware of the law and suitable for children in our service is providing free legal assistance, door-to-door programs for families aware of the law and the environment, leadership training, healthy snacks and hand hygiene programs, and anti-bullying programs. the paper concluded that there are some forms of activity that will initiate the formation of a village that is aware of the law and is suitable for children. keywords: child friendly; law awareness; legal capacity; legal services; village community how to cite: prayogo, b.e., amanah, a., pradana, t.m.w., & rodiyah, r. ‘increasing legal capacity for communities in the context of realizing a village of law awareness and child friendly.’ indonesian journal of advocacy and legal services, 1(1), 65-78. doi: 10.15294/ijals.v1i1.33776 indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 1 (2019): 65-78. doi: 10.15294/ijals.v1i1.33776 submitted: 20 august 2019 revised: 1 september 2019 accepted: 10 september 2019 b.e. prayogo, et.al. 66 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) a. introduction indonesia is a country rich in good diversity ethnicity, religion, and culture, therefore every person held in high esteem on the same rights and duties before the law. or we are familiar with the principle of equality before the law, recognition of human rights (ham) is a matter that must be done by the state of law, indonesia as one of the country's law has been expressed both in the preamble and 1945. bagir manan1 stated that prior to the 1945 changes, quite evenly opinions of jurists and political experts and observers who said that one of the fundamental flaws of the 1945 constitution which is set on august 18, 19452, because it does not load or full load of human rights. indonesian human rights as a paradigm of thought and was not born along with the united nations declaration of human rights 19483, human rights in the 1945 constitution before the amendment is not listed in a separate charter but scattered in several articles. limited and defined briefly. the position of explicitly recognized in constitutional contained in the 1945 constitution, which is the application as a legal state ideology. as an important element of human rights for the fulfillment of guarantee equality in the welfare and justice, then the most important is the equity of the law without any discrimination in the implementation, the principle of equality before the law emphasizes that each person actually seen not on the basis of the object alone, but as legal subjects. synergy between the authorities and the public would have improved its capacity to support the implementation. in fact we often encounter the opposite field where there is friction or turbulence in fulfilling justice in society and citizenship, as if the law becomes sharply downward and upward blunt. so often is known in the community that the law only synonymous with money, prison, and the means to intervene datu each other, but actually the law is there to protect and respect each other. with the imbalance in this law leads to ignorance anymore or we used to know as apathetic, and if left unchecked will lead to legal uncertainty. if we still can not admit that the legal issues is a disease that we should not be underestimated and leave. as developing countries are heterogeneous certainly often encountered various educational backgrounds and economic 1 astim riyanto,, pengetahuan hukum konstitusi menjadi ilmu hukum kosntitusi, jurnal hukum dan pembangunan, vol. 44 no.2 april-june, 2015, pp. 185-208 2 bagir manan & susi dwi harijanti, konstitusi dan hak asasi manusia. padjajaran jurnal ilmu hukum, vol. 3 no. 3 , 2016, pp. 448-467 3 marilang, menimbang paradigma keadilan hukum progresif. jurnal konstitusi vol. 14. no 2, 2017, pp. 315-331 increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 67 inequality, and coupled with the industrial revolution 4.0 causing challenges and problems of life which require them to cope and survive even need to be able to innovate. but the dynamics of this kind do not always run smoothly, it gives birth to problems that arise in society of course also related to legal matters therein. one of them in the village kedungkelor. kedungkelor village is a village located in district warureja tegal, central java. the village is currently kedungkelor included in the category of developing village. kedungkelor village has 5 hamlet, 5 neighbourhood dispersed in 3 hamlets namely: bojongkelor hamlet, hamlet kedungkesambi and geographical panjatan. condition village hamlet kedungkelor a low-lying coastal areas or ground height 0:00 m above sea level. by typological like it then generally village kedungkelor has a hot climate. kedungkelor village is one of the villages that are in the districts of warureja, tegal, central java province which has an area of 795.00 m2 with -6.890391,109.307820 coordinates. kedungkelor north lies the village immediately adjacent to the java sea, south by the village banjarturi, banjaragung village, district warureja. east by district pemalang. and west by the village demangharjo. the distance village kedungkelor the administration center (orbitasi) is as following: distance to the capital district warureja: 6 km, distance from ibokota tegal: 27.4 km distance from the capital of central java province: 134 km. kedungkelor village area most of the tourism potential of the sea. this is because it is located fairly close to the coast, the island travel, marine parks, historical sites nautical, and others. many types of jobs occupied kedungkelor village community, such as shrimp farmers, fishermen, farmers, civil servants, artisans jasmine and others. kedungkelor village has a vast territory with a population that is fairly solid. kedungkelor village has a natural potential is quite good, especially in the field of fisheries and perekebunan. however, there are serious problems in terms of the organization of village government, giving rise to a lack of public awareness kedungkelor village. the lack of public awareness kedungkelor village had an impact on the number of violations of the existing regulations. violations are almost done by all the people of the lightest example, littering and violation on a deeper level such heavy traffic violation habits village community kedungkelor who has a level of legal awareness lower will certainly affect the growth and development of children who live in the village. children who still behave according to what is seen and heard of course will follow the customs of the people around him. when children grow up in an environment that has a low level of legal awareness of the children will b.e. prayogo, et.al. 68 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) apply it when he grows up later. in fact, as the future generation is expected to bring the indonesian nation toward a better again. for that we need to do things that can overcome these problems and make the village into the village proper kedungkelor children. son was the forerunner of the nation and the state, which will become the main pillars of development as well determinants atautidaknya quality of indonesian human resources that need to be considered properly so that the quality of indonesian children may continue to grow and also get optimal protection dariseluruh society. based population survey between census 2015 predicted in 2019 the indonesian population reached 266.92 million, as for the population in the age group 0-14 years (age of the children) reached 66.17 million, or approximately 24.8% of the total population, in accordance with act no. 23 of 2002 on protection of children, with their child protection is useful to ensure the fulfillment of the rights of children to live, grow, develop and participate optimally in accordance with human dignity, and protection from violence and discrimination.4 however, the facts show that there is a gap between what is aspired to the real conditions of indonesian children. lately we often hear and see the social problems that occur to children and that all deserve special attention, as many children yangterpaksa risk as a result of negligence or incompetence of adults dalammelindungi them, there are cases in manaseorang olds schools must be willing putussekolah order to keep younger siblings because her mother left for a living, in case of murder of children aged three years by his own father, and still adanyakebijakan government in planning the development of a less pro-child. beautiful child is a gift for parents. wherein at every birth of a child becoming a highly anticipated event. even the process of development and growth of a child would be a serious concern for parents. educating children is like taking care of a tree where with patience, seriousness can produce the next generation who are able to bring major changes to the nation, with a superior generation, then the quality of human resources (hr) indonesia as a central pillar of national development, so the need to improve the quality and capacity to get serious protection from the elements of society. qualified human resources can not be born in an instant, when children are allowed to grow and flourish without the protection and education, then they will be a burden in the future because it has a low power struggle and lack of innovation. whereas their number more than a third of the population of indonesia. providing food and clothing are not sufficient to 4 zuraidah & muhamad sadi is perlindungan hukum terhadap hak asasi anak yang menjadi korban kekerasan, nurani, vol 18, no. 1, june, 2018, pp. 151-162 increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 69 make the child as an agent of change quality, creative, competitive spirit of nationalism which has the breath of pancasila. it takes commitment and a strong awareness that the environment presents a caring and responsive to the interests and needs of children. children's rights is a part that should not be separated by the human rights relating to the role of the state, every state is obliged to protect (melindungi), meet (memenuhi), and respect (menghargai) the rights of children, with the obligation of the state to protect and educating children, the required implementation of policies top to the bottom one with the presence of child-friendly village. because children as social beings as well as individual beings, which means that every child was a typical personal style of his personality according to the indispensable protection of children done by the parents or the government, because the child's future is the future of the nation. do not let children become victims of violence either by the family themselves or carried by people around the neighborhood or the community at large which can make children lose their future. barda nawawi arief explained true in human rights (human rights) does not distinguish rights from a gender (female or male). both of are human beings who have the same rights. indonesian state guarantees women's rights without discrimination. in the explanation of the constitution of the republic of indonesia year 1945 stated that indonesia is a state based on law (rechtsstaat) is not based on power alone (machtsstaat). as a state child protection measures need to be implemented as early as possible, ie, since the fetus in the womb until the child is aged 18 (eighteen) years. then the state must provide a real child protection, thorough, and comprehensive, because this law laid the obligation to provide protection to children based on the following principles: a). non-discrimination; b) .interest is best for the child; c). right to life, survival and development; and d). respect for the views of the child. judging from the nature protection, child protection can be divided into juridical protection, including protection in the field of criminal law perdatadan law, and protection of non juridical, including protection in the social and educational fields.5 service program, strives to provide solutions for problems legal capacity for people in the village of tegal kedungkelor in order to achieve children's village laak and legal literacy and eligible children. the program involves an element of synergy between village officials, parents, students, and teachers. 5 maulana hassan waddong, pengantar advokasi dan hukum perlindungan anak, jakarta, gramedia indonesia, 2000, p. 45. b.e. prayogo, et.al. 70 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) the first target is the existence of this service is expected to improve the capacity of law for village officials, community kedungkelor in the village, in the running of public life in the village. the second with the dedication is expected to make the village as the village is worth a child kedungkelor. b. method the paper is focused on on analysing of implementation on improvement the legal capacity on the levers students and teachers as well as establish childfriendly village in the village of tegal kedungkelor. the program is also dedicated to village officials, the parents, teachers and of course students in understanding the implementation of education and enhancement legal capacity as a shared responsibility. this devotion kedungkelor located in the village of tegal. the method used in the implementation of this service is in several ways, namely: (1) model of lecture door to door, (2) simulation model of educational leadership, (3) training model and assistance legal assistance. model lectures conducted to introduce the parents by visiting the houses door to door to discuss the importance of education in the context of law and human rights. model simulations more encourage students to simulate a variety of issues in education and how to deal with it. model training and mentoring models of legal aid made to see the development of legal capacity for village officials, parents and teachers in dealing with cases in the community c. result and discussion community service held in the village kedungkelor, district warureja lasted for 45 days, from july 15 until august 26, 2019, with a superior program that law and eligible children village.the result of the program describe and explain as follows. 1. implementation of legal capacity for establishment of law awareness in legal services sector in the legal services sector, in order to create a society that is aware of the law, has implemented several program, as follows: a. establishment of legal aid center legal aid center or legal aid post (hereinafter called as posbankum) is a legal services specifically given to the people who need a defense free of charge, both outside and inside the court, in criminal, civil increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 71 and administrative, from someone who understands the ins and outs of legal defense, the principles and the rule of law, and human rights. in law it is said, is a legal aid service law given by the legal aid free of charge to the recipient of legal aid. so that legal aid is provided free of charge or not charge. in this legal aid services can include the provision of information, consultation, advice and the making of a claim/appeal in court.6 in practice, the legal aid post held on two points, the first is the kedungkelor village hall, village hall chosen because in addition to its strategic location, village hall is also a place that has been known and known by the whole community. the second point is on one of the device houses the village, in the hamlet bojongkelor, the location was chosen as a strategic place and also a location that is already known by the public, as before, they had become a fixed location rusela activity (rumah sehat lansia, home healthy elderly) melati putih. posbankum event held every monday to friday, at 09.00-15.00 hrs. b. legal aware family socialization (kadarkum, keluarga sadar hukum) conscious family law, here in after abbreviated family aware of the law is one method of legal education as a container that serves to collect citizens on their own accord seeks to raise awareness of the law for themselves.7 this is a star family aware of the law up of the establishment of legal aware village. in practice, socialization family literacy law implemented in two activities: socializing in one place and socialization by visiting houses (door to door), socialization in one place, held on july 21, 2019, which is housed in smart house village kedungkelor, whereas socialization by means of door to door held for 3 days, on 6-8 august 2019, which is implemented evenly in 6 frans hendra winarta. 2000. bantuan hukum suatu hak asasi manusia bukan belas kasihan, jakarta, elex media komputindo, p. 23; suradji, etika dan penegakan kode etik profesi hukum (advokat), badan pembinaan hukum nasional departemen hukum dan ham ri, jakarta, 2008, p. 77; ylbhi, panduan bantuan hukum di indonesia, yayasan obor indonesia, jakarta, 2014, p. 462; suyogi imam fauzi & inge puspita ningtyas, optimalisasi pemberian bantuan hukum demi terwujudnya access to law and justice bagi rakyat miskin, jurnal konstitusi, vol. 15 no. 1, march, 2018, pp. 58-59; frans hendra winata, probono publico, hak konstitusional fakir miskin untuk memeperoleh bantuan hukum, pt. gramedia pustaka utama, jakarta, 2009, p. xii. 7 batari laskarwati, implementasi nilai kemanfaatan hukum dalam pencegahan penyalahgunaan narkoba melalui lomba keluarga sadar hukum (kadarkum), lex scientia law review. vol. 2 no. 1, may, 2018, p. 54; ibrahim ahmad, rencana dan strategi peningkatan kesadaran hukum masyarakat, gorontalo law review. vol. 1 no. 1, april, 2018, p.16. https://www.suduthukum.com/search/label/hukum b.e. prayogo, et.al. 72 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) three hamlets namely kedungsambi hamlet, hamlet and hamlet panjatan bojongkelor. c. aware village embodiment law and the environment realizing people who are not blind to the law is a challenge to the rule of law such as indonesia. thus the villagers realize the litigious and conscious also of the environment is necessary. the expected target is as follows i. educate and enlighten the villagers about the importance of legal literacy ii. provide legal assistance to the public so that people feel the presence of law around the community iii. provide education and public awareness related to the environment both in environmental management, awareness, education, as well as in law. 2. implementation of legal capacity on child friendly village establishment in kedungkelor village friendly children villages is a condition in an environment where children feel free to play, appreciated its existence and also a lot of activities that are relevant to children. to make it happen, then in this devotion, there are several programs that we do, in order to create child-friendly village, as follows. a. anti bullying education the school is one place that should be a safe, comfortable, and conducive to the people in it, including students. but the phenomenon is happening today is not so, as an example of the bullying activity not only among students and even students to teachers. some studies suggest that victims of bullying being personally shy, passive, depressed, traumatized and withdraw from social. in addition to the victim, bullying also have an impact on the perpetrators themselves. perpetrators be individuals with the level of anger and depression, tend to join in criminal activity, and has no empathy. most cases of bullying occur due to lack of knowledge and a good understanding of the students themselves as well as school and family members about bullying and what impact resulting from these activities, so that the perpetrators do not feel it is something quite disturbing even lead to danger. based on these explanations, the students will provide psychoeducation about bullying activity with students better understand the expectations so it does not do so in the future. increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 73 socialization is done to children is also needed attention and guidance from parents and the surrounding environment. the participation of parents is vital in guiding a child to bersosialsasi and mengebangkan potential of children so that children do not fall into adverse environmental conditions such as harassment. indicators crucial role of parents can be observed with their child's behavior when socializing, there occurs a change how children face environment. now therefore, one in the village kedungkelor service programs also focuses on anti-bullying education, which was held on 25-26 july 2019, which was implemented in two places, namely kedungkelor 01 elementary school, and elementary school education kedungkelor 02. anti bullying implemented with the goal of 3rd grade elementary school students, in this case because at the age that students sedangn in a period of growth and development that will be very active, if the age is not introduced to things that are good, the future for tumbub fireworks and the active period is actually may be directed to things that postitif one through bullying. b. leadership training studying in school is important, but besides that students should also be balanced with a good character ownership. this is particularly important given the many examples of cases in indonesia, which shows the decline in the character and morals of the nation, such as drug abuse, sex, fights, and many more. so far that has happened is designed character education in the form of religious studies, civics, or manners in which it is only a cognitive understanding. the character education program should also be internalized by the participants of affection for and then implemented in day-to-day activities.8 characters are formed inside these students will eventually also affect students in determining their future, as examples of students who do not have a position strong, easily affected by the environment would be perpetrators of conformity, such as attending school activities just because most of her friends to follow, when students were not have an interest in it. departing from the problem, it needs to be instilled self-leadership or leadership characters themselves who will make the students better understand about themselves, understand the purpose or ideals, and to develop a strategy to achieve it. 8 tirta mulya wira pradana, model pengajaran hak asasi manusia (antara tekstual dan kontekstual), prosiding semdikjar ke-ii 4 august, 2018,pp. 1161-1168. b.e. prayogo, et.al. 74 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) therefore, it needs to be grown character of a leader for the younger generation, which is in the service, has implemented a training activity leadership was held on july 23, 2019, which is housed in junior high school 1 warureja, whose target is a member of the student council of junior high school 1 warureja, it is because the members of the council who usually become role models for other students, so it is necessary if introduced to educational leadership. c. gareng (gemar ngaji bareng) qur'an refers to the activity of reading the qur'an or discuss books by muslims. these activities include worship in the islamic religion and those who do will be rewarded by god. in language koran has a sense of learning or studying. qur'an courses together is done in an effort to educate the younger generation especially the field of islamic knowledge. the benefits of this program of work is as a place for children to learn the qur'an, so that children are more optimal in reading the koran. the purpose of the gareng (gemar ngaji bareng) is to improve religious values and create akhlakul karimah in children early age. in practice, this activity is carried out in tpq kedungkelor, namely the islamic video playback is also providing motivation of gratitude, sincerity and recognition that a smile is worship. d. hands hygiene and healthy food education childhood identical with their penchant for eating good food diverse sweet or other flavors. unfortunately craze these children is often underestimated by parents or allow them to eat the food they like regardless of the impact on the health of the body. parents often less oversee the activities of this child, especially when they are in school, they often buy food less healthy basic ingredients, such as food with excess oil, dip dye, and ice in plastic packaging that are less clean. coupled with children who do not understand about the germs in their body, especially hands when going to eat they do not wash properly or even not wash. it is certainly quite disturbing if left unchecked, because it can lead children to various diseases, especially in the digestive tract. therefore, students took the initiative to teach children about how to wash hands properly, and how to choose healthy snacks to be consumed. in practice, gestures clean and healthy snacks socialization and practices implemented in five places, namely in the primary school kedungkelor 01, primary school kedungkelor 02, panjatan early childhood education, early childhood and early childhood anugerah tunas bangsa. its activities include socializing the form of materials, followed by a clean hand washing practices. increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 75 e. embodiment of fiendly children village same with the concept of decent children's city, village eligible children also fulfillment of child rights strategy (puha) as homage, which means doing the integration of children's rights into: i. each formulation process: policy, programs and activities. ii. each stage of development: planning and budgeting, implementation, monitoring and evaluation. iii. each regional level: national, provincial, district / city, district, to the village / village in addition, child-friendly village is later to realize the city of eligible children in the county or city and make indonesia eligible children. eligible children program will realize several things, including: 1) mainstreaming fulfillment of child rights (puha) that is an effort to integrate the fulfillment of children's rights in the legislative regulations, policies, programs and activities mulaidari the planning, implementation, evaluation pemantauandan in principle to provide the best interests of the child 2) institutional strengthening that is an attempt to strengthen the institutional pp danpa, non governmental organizations (ngo) and duniausaha in all areas of government administration to be proactive in trying to address child rights yangdilakukan through advocacy, outreach and fasilitasidi the field of energy, budget, infrastructure, methods and technologies. 3) expansion of the range namely to build a pilot area county, district, sub-district and village / sub sertakawasan eligible children at the center of economic growth then replicate into the buffer zone and the border areas and the outer islands. 4) build a network developing cooperation and commitment of policy operationalization village eligible children with institutions working in the field of planning and urban development, spatial planning, the relevant task forces and substantial build eligible children village. 5) institutionalization and familiarization eligible children village. namely institutionalizing and sikapdan cultivate friendly behavior towards the child from the family environment and the core of a large family (nucleous and etenedfamilies) to ensure intergenerational interaction that children, adults, the elderly and the elderly. this meant that the noble values of national culture does not disappear or fade. b.e. prayogo, et.al. 76 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 6) promotion, communication, information, and education (pkie). that is an attempt to capitalize on dalammembangun media communication and mutual understanding, dissemination of information and memberikanedukasi on society in instituting and cultivate eligible children village. tersebutdiklasifikasikan media into the media room, outdoor, print, electronic and web-based electronic media or social media networks. 7) certification and appreciation that is an effort to provide certificates of attainment and achievement award in developing village village .apresiasi eligible children eligible children categorized into groups: pratama, middle, nindya, main and eligible children village. d. conclusion the conclusion of the article submission is that in realizing aware village law and eligible children need to be done through several activities, including through socialization conducted in general, and in particular (door to door), with regard to the introduction of the law in the community and in statecraft, so aim to build a strong community of its own accord seeks to raise awareness of the law for themselves, can be realized. meanwhile, to realize village eligible children, also need to do some activities related to the increase in the potential of the child, such as leadership training, educational wash your hands clean and healthy snacks, the movement of the koran together and educational anti-bullying, so aim to create an environment that is caring and respect children's rights can be realized. e. acknowledgments community service program in rural kedungkelor a field work experience program (kkn) scientific legal affairs, semarang state university. in practice, of course a lot of us would like to thank to multiple parties, as follows: dr. rodiyah, s.pd., sh, m.sc., as the dean of the faculty of law at the same time field supervisor, kkn scientific kedungkelor village, which has given a lot of support in the preparation and execution of any work program, mr adi warnoto kedungkelor along with all the village, which has earned our arrival and also helped in every implementation of the work program and kedungkelor entire village community that has received the scientific kkn team unnes university, and full of enthusiasm. increasing legal capacity for communities indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) 77 f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. g. funding program of the community services and research funded by authors it self as well as publication. authors declare that there is no sponsorhip or any other parties funded the program. h. references fauzi, s.i., & ningtyas, i.p. (2018). optimalisasi pemberian bantuan hukum demi terwujudnya access to law and justice bagi rakyat miskin. jurnal konstitusi. 15(1), 51-72. ibrahim, a. (2018). rencana dan strategi peningkatan kesadaran hukum masyarakat. gorontalo law review. 1(1), 15-24. laskarwati, b. (2018). implementasi nilai kemanfaatan hukum dalam pencegahan penyalahgunaan narkoba melalui lomba keluarga sadar hukum (kadarkum). lex scientia law review. 2(1), 47-64. manan, b., & harijanti, d.s. (2016). konstitusi dan hak asasi manusia. padjajaran jurnal ilmu hukum. 3(3), 448-467. marilang. (2017), menimbang paradigma keadilan hukum progresif. jurnal konstitusi. 14(2), 315-331. pradana, t.m.w. (2018). model pengajaran hak asasi manusia (antara tekstual dan kontekstual). prosiding semdikjar ke-ii, issn 25986139, 4 august, 1161-1168. retrieved from http://conference.unpkediri.ac.id/index.php/semdikjar/semdikjar2/pap er/viewfile/260/219 riyanto, a. (2015), pengetahuan hukum konstitusi menjadi ilmu hukum kosntitusi. jurnal hukum dan pembangunan 44(2), 185-208. republik indonesia. (2011). undang-undang nomor 16 tahun 2011 tentang bantuan hukum. kementrian hukum dan ham ri, lembaran negara republik indonesia tahun 2011 no. 104, menteri sekretaris negara: jakarta suradji. (2008). etika dan penegakan kode etik profesi hukum (advokat). jakarta: badan pembinaan hukum nasional departemen hukum dan ham ri. b.e. prayogo, et.al. 78 indonesian journal of advocacy and legal services, vol. 1 no. 1 (2019) waddong, m.h. (2000). pengantar advokasi dan hukum perlindungan anak. jakarta: gramedia indonesia. winarta, f.h. (2000). bantuan hukum suatu hak asasi manusia bukan belas kasihan. jakarta: elex media komputindo. winata, f.h. (2009). probono publico, hak konstitusional fakir miskin untuk memeperoleh bantuan hukum. jakarta: pt. gramedia pustaka utama. ylbhi. (2014), panduan bantuan hukum di indonesia. jakarta: yayasan obor indonesia. zuraidah, & sadi is, m. (2018). perlindungan hukum terhadap hak asasi anak yang menjadi korban kekerasan. nurani. 18(1), 151-162. copyrights © 2019 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ a complex condition of justice in indonesia indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 279 book review a complex condition of justice in indonesia: a book review ‘bring back justice: refleksi kritis atas isu-isu politik, hukum, dan keamanan’, m. nasir djamil, 2017, merdeka book, jakarta, 224 pages, isbn 978-602-61116-2-3 ririn rahmawati faculty of law, universitas negeri semarang, indonesia email: ririnrahmawati@students.unnes.ac.id data of book title : bring back justice author : m. nasir djamil published year : 2017 language : indonesia, bahasa publisher : merdeka book isbn : 978-602-61116-2-3 page : 224 pages a. introduction the book that i read entitled bring back justice written by m. nasir djamil in 2017. this book explains the writer's personal opinion about justice and law enforcement in indonesia. because justice is currently hard to get for the weak people and lack of legal certainty over the rights of the poor people who have been deprived. in addition, this book also discusses about political issues in the state of indonesia. the related institutions that indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 2 (2020): 279-282 doi: 10.15294/ijals.v1i2.34780 submitted: 15 november 2019 revised: 22 november 2019 accepted: 3 january 2019 ririn rahmawati 280 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) were discussed in this book such as the kpk, dpr, judges, police and the indonesian national army. b. review bring back justice book discusses about m. nasir djamil's personal opinion on problems in the state of indonesia. the process of delivering his criticism is accompanied by examples of cases that have occurred in indonesia. so what the writer said about the poor condition of various institutions in indonesia is a fact. the existence of mini illustrations in the form of comics in each part becomes the main attraction as well as implicit criticism. the discussion in this book is in the form of collection of author articles that have been published in printed media. the criticism conveyed was primarily directed at law enforcement officials. the nation hope is very great to have law enforcement officers who always uphold justice, so that there is no jiggle. the bring back justice book is great to read for teenagers and adults. an open mind about the problems of indonesia can be the main target of every discussion in this book. by reading this book we can realize how critical the country's problems are. importance awareness of the state harmonization was also discussed by the authors. in the bring back justice book, there are 6 sections related to justice, interests, and legal benefits in life. the first part discusses strengthening indonesian national politics. enforcement according to justice is the second discussion in this book. then in the third part, the authors convey the issue of the eradication and prevention of criminal acts of corruption. furthermore, in the fourth part contains the guarantee of human rights protection for citizens. after realizing human rights in life, the next step is to realize trusted security as stated in the fifth part. the last part of this book is about keeping the national faith and spirit. in part one, the general topic is in strengthening the politics of indonesian nationality. the political process that always have results in compromises as happened in the process of selecting prospective judges by the judicial commission and the people's representative council (dpr). based on its policy, ky has the duty to select prospective judges through several stages and subsequently will be approved by the dpr. compromise that often occurs is that the competency standards of prospective judges owned by judicial commission (ky) and dpr are different. a complex condition of justice in indonesia indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 281 furthermore, the roles of the indonesian national army (tni), police and the government in launching disaster mitigation efforts are also discussed in part one. such as the existence of disaster mitigation after the tsunami disaster in aceh in 2004 called the tsunami early warning system. the function of the apparatus is also to maintain social order and guarantee security for citizens from various conflicts. in this part the author expresses his opinion on the course of politics in indonesia accompanied by examples of issues experienced by indonesia. the second part of this book discusses fair law enforcement. the author expresses his opinion regarding a number of formal deviations in the rkuhp such as the rkuhp which are still considered to be colonial, have not united the criminal system and overlapping criminal provisions, and uncertainty in the article. the author criticizes the death penalty which is controversial because it feels contrary with the right to life. the purpose of death punishment is retaliation theory such as "blood paid with blood" or in the form of torture. naughty and cheating judges in the world of justice at this time are also become the subject of criticism by the author. prevention of corruption crimes is to eliminate or reduce opportunities for corruption. intelligence and courage are needed to solve corruption which is an obstacle to the development of the indonesian state. the existence of the kpk seems to only provide a guarantee of the completion of corruption cases. cooperation between the kpk, the police and the prosecutor's office is also absolutely necessary because the handling of corruption has not been effective. the author considers that efforts to revise law number 30 of 2002 concerning the corruption eradication commission seem to go back and forth. according to m. nasir djamil, cases of past human rights violations are the state's debt to the people. however, the process of resolving past human rights violations is still experiencing a tug of war. indonesia still faces a legacy of human rights violations left by the previous regime including violence that violates human rights from aceh to papua. the importance of maintaining the security of the state so that every human right can be protected and upheld. for example, the prevention and eradication of terrorism. this is because terrorism is considered as a serious threat to the sovereignty of the state. broadly speaking, the purpose of the discussion of this book is to convey the aspirations of the author on legal issues, security and political issues within the indonesian state. the discussion raised in this book entitled bring back justice is very interesting. the author use sentences ririn rahmawati 282 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) that are easily discussed and presented are examples that have been published in indonesia that are very supportive of the issues discussed. this book can be open our mind about cases that occur in indonesia. not only consider legal certainty as stated in the law, or justice that is deemed incompatible with certainty. however, we can also see the case with another perspective in the eyes of the law. the existence of advantages in this book certainly has disadvantages too. these deficiencies such as the existence of a number of non-standard sentences, discussion between one part with another part is not srelated and continuitas so it is a little confusing to the reader, and the selection of paper colors that are felt not interesting and not eye catching. copyrights © 2020 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ a complex condition of justice in indonesia indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 283 attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d33b622007 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare legal aspect on indonesia military-industrial complex indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 315 legal aspect on indonesia militaryindustrial complex to strengthening defence industry research and clasterization in building independent defence industry in indonesia muhammad iqbal baiquni1 , yulia fajar rafikawati2 wulan saputri indah3, ridwan arifin4, ngabowaji daniel nte5 1,2,3,4 faculty of law, universitas negeri semarang, indonesia 5 department of intellegence and security studies, novena university, nigeria corresponding author: m.iqbalbaiquni@students.unnes.ac.id abstract: indonesia's bitter experience of the embargo became a hard slap and a reminder of the importance of the national defense industry in meeting the needs of the tni's defense equipment and encouraging the quality of the tni's performance in carrying out the territorial defense of the republic of indonesia. over time the development of the national defense industry continues to grow and is supported by regulations at the level of the law, namely law no. 16 of 2012 concerning the defense industry in realizing the independence of the national defense industry. however, over time the implementation of law no. 16 of 2012 does not work properly, challenges and problems arise, there are two problems in the national defense industry, namely research and development (r&d) and defense clustering. in this paper, a deeper review of the complex defense industry uses the research method, namely normative juridical research with two approaches including the statute approach and the conceptual approach. the results of the research in this paper carry the core indonesia military-industrial complex which supports the strengthening of research by initiating the concept of feedback and clustering of the defense industry by forming 7 defense industry clusters which include raw material industry, production industry, assembly industry, production, support industry (components, spare parts), electronic industry, maintenance. keywords: military industrial complex, defense industry, legal aspects, defense and security issn: 2686-2085 (print) issn: 2686-2611 (online) vol. 4 no. 2 (2022): 315-328 doi: 10.15294/ijals.v4i2.61289 submitted: 11 june 2022 revised: 21 august 2022 accepted: 11 september 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. how to cite: baiquni, muhammad iqbal, yulia fajar rafikawati, wulan saputri indah, ridwan arifin, and ngboawaji daniel nte. “legal aspect on indonesia military-industrial complex to strengthening defence industry research and clasterization in building independent defence industry in indonesia”. indonesian journal of advocacy and legal services 4, no. 2 (2022): 315-328. https://doi.org/10.15294/ijals.v4i2.61289. mailto:m.iqbalbaiquni@students.unnes.ac.id http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ https://doi.org/10.15294/ijals.v4i2.61289 baiquni, rafikawati, indah, arifin, & nte 316 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) a. introduction the national defense power is not only supported by manpower or active military forces that are large in quantity, but also the availability of advanced technology as a means of defense. for indonesia, throughout the course of indonesia's history, the strengthening of the national defense system has been dominated by the supply of defense and security equipment from abroad. in recent years, indonesia has continued to try to modernize defense and security equipment from various countries such as the united states, russia, south korea, britain, and germany. although the defense equipment system can provide a deterrence effect, the continuous purchase of defense equipment from abroad brings indonesia to be dependent. one of indonesia's bitter experiences of dependence on foreign defense equipment occurred in the 90s (1995-2005), indonesia was embargoed for 10 years due to reactions to a number of incidents of human rights violations by the indonesian military.1 the effect of the military embargo by the united states has an impact on imports of indonesian military equipment originating from abroad, resulting in a decrease in the quality of the tni's performance to operate optimally to maintenance and repair of defense equipment which causes a crisis of the life of the main weapon system in the implementation of defense and territorial security in the territory of the republic of indonesia. this provides awareness of the importance of having the independence of the domestic defense industry for the sake of defense. the independence of the domestic defense industry is an effort to escape from dependence on foreign defense equipment.2 in responding to the above challenges, the government of indonesia launched the mef program in 2007, which was later ratified in government regulation no. 5 of 2010 concerning the national medium term development plan for 2010 – 2014 and the derivative regulation of the minister of defense no. 19 of 2012 concerning the minimum essential force alignment policy. the mef program itself is the result of the formulation of the strategic defense review (sdr) in 2009 which stipulates the minimum points and 1 i gusti ayu agung devi maharani ariatmaja, i gede pasek eka wisanjaya, and anak agung sri utari, “analisis terhadap embargo senjata antara indonesia dan amerika serikat ditinjau dari perspektif hukum internasional”, kertha negara: journal ilmu hukum, 4(2), 1-6 https://ojs.unud.ac.id/index.php/kerthanegara/article/view/19019 2 denik iswardani witarti, and semmy tyar armandha, “tinjauan teoretis konsepso pertahanan dan keamanan di era globalisasi industri pertahanan”, jurnal pertahanan & bela negara, 2018, 5 (3), https://139.255.245.7/index.php/jpbh/article/view/371 legal aspect on indonesia military-industrial complex indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 317 strategic steps in fulfilling the ideal defense poster. the user is tni.3 in encouraging the defense industry to be more optimal, it is supported by regulations at the level of the law, namely law no. 16 of 2012 concerning the defense industry in which there is an obligation to use domestically produced defense equipment, the clustering of the defense industry (the existence of ties to the upstream industry, downstream industry, component industry, and supporting industries, as well as the raw material industry), the utilization of defense research and technology, as well as the implementation of compensation. trade and funding in the form of offsets, as well as transfer of technology in the purchase of foreign defense equipment. with the defense law, it should be able to answer the challenges in the independence of the national defense industry.4 however, over time the implementation of law no. 16 of 2012 raises new challenges and complex problems that bind it. there are doubts about users or users of domestic defense industry products, namely the tni in the continuity of orders for domestic defense equipment which continues to decrease, strengthening research and development (r&d) and r&d findings (prototype) which are followed up to the production stage due to lack of research budget even though in uu no. 16 of 2012 stipulates that defense industry managers provide at least 5% of net profit for research and development purposes, as well as the non-running of the defense industry clustering which is bound and supports each other from upstream to downstream industries and their supporters. industrial clustering and the military industrial complex have broad dimensions in the aspects of defense, procurement of goods, industrial development, and others, so this research will look at the legal aspects of the military industrial complex and the development of the defense industry in indonesia. 3 rd wibowo, “permasalahan dalam mewujudkan kemandirian industri pertahanan”, defendonesia, 1(2), 43-48 4 endro tri susdarwono, “kebijakan sinergitas r&d pemerintah, komunitas epistemik, dan sektor swasta dalam percepatan kemandirian industri pertahanan”, journal of governance and local politics (jglp), 2(2), 106-130 http://journal.unpacti.ac.id/index.php/jglp/article/view/50/83 baiquni, rafikawati, indah, arifin, & nte 318 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) b. method this research uses normative juridical research. the problem approach used in this study includes a statute approach and a conceptual approach. the data from this study uses primary and secondary data from law books, journals, and policy briefs on the defense industry and more specifically in this study focuses on data from the white paper of the ministry of defense of the republic of indonesia, law no. 16 of 2012 concerning the defense industry, as well as scientific journals related to the national defense industry. normative legal research does not always connote a juridical norm research. in general, juridical norm research is understood to be only legal research which limits it to the norms contained in the legislation. meanwhile, normative legal research is broader. according to johnny ibrahim, normative legal research is a scientific research procedure to find the truth based on scientific logic from the normative side. the normative side here is not limited to laws and regulations. as stated by peter mahmud, legal research is normative research, but not only positivist law research. norms are not only interpreted as positive laws, but namely rules also made by politicians who have a higher position as stated by john austin or rules made by rulers as stated by hans kelsen. based on this opinion, legal research seeks to find the truth of coherence, namely whether the rule of law is in accordance with legal norms and whether the legal norms containing obligations and sanctions are in accordance with legal principles, whether one's actions are in accordance with legal norms or legal principles. c. result and discussion 1. the development of the national defense industry in fulfilling the ideal indonesian defense poster a. history of the national defense industry and the period of defense industry satgnancy the development of the national defense industry cannot be separated from the history of the indonesian nation, the beginning of the national defense industry since the nationalization of dutch-owned companies by the government of indonesia. of the companies nationalized by the government of indonesia, there are 3 companies in the defense sector and these three companies represent 3 dimensions of defense, namely land, sea, and air. the land-based defense company, which was originally named leger productie bedrijven, was transferred from the netherlands to indonesia and changed legal aspect on indonesia military-industrial complex indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 319 its name to the arms and munitions factory, which in 1962 was changed back to the army industry industry or what we know today is pt pindad. then, the defense company from the marine dimension, namely the marine establishment, was transferred to the indonesian government and changed its name to penatara naval (pal). and, lastly, the air force defense company which was transferred from the netherlands to indonesia, which was a flight test workshop in surabaya, which was then managed by indonesia and its journey from the aviation institute to become the national aviation company which we know as pt dirgantara indonesia. along with the history of indonesia. companies engaged in the defense sector experience ups and downs in their business activities. however, in the 1980s the indonesian defense industry experienced a golden age when all these industries were consolidated under the strategic industry management agency (bpis) according to presidential decree no. 59 of 1989 to be more efficient and competitive in the global market. the golden age had to stop when the monetary crisis that hit indonesia in 1987 caused the national defense industry to collapse. to save the state's finances, the president of the republic of indonesia signed a letter of intent (loi) with the international monetary fund (imf) which requires the termination of state funding for national strategic industries and an increase in the value of shares released to the public. the absence of government control due to the loss of majority shares owned by the government has made these strategic industries to diversify their businesses more towards the production of civil equipment as a survival effort due to uncertain internal financial conditions. b. efforts to restore the national defense industry in an effort to restore the capability of the national defense industry and reduce indonesia's dependence on foreign-made defense and security equipment (alpalhankam), the united indonesia cabinet i under president susilo bambang yudhoyono began to make the defense industry a development priority. the government accommodates and provides great opportunities for the involvement of the private sector in the activities of the defense industry. this effort was continued by the united indonesia cabinet ii which produced presidential decree no. 42 of 2010 concerning the defense industry policy committee, which was followed by the enactment of law no. 16 of 2012 concerning the defense industry, and other products of legislation. law no. 16 of 2012 provides a great opportunity and becomes an accelerator for the empowerment and growth of capital-intensive, laborintensive and technology-intensive industries to engage in the defense baiquni, rafikawati, indah, arifin, & nte 320 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) industry sector. although the national defense industry has not yet been able to optimally support the needs of the defense and security agency, it is hoped that through the consistent application of law number 16 of 2012 and other related laws and regulations, the aspiration to have a defense industry that is advanced, strong, independent and competitiveness will be realized, which in the end will lead to the realization of independence in fulfilling the needs of alpalhankam in accordance with those required by the tni, polri and other ministries/institutions. in 2022, the government launched the defense industry bumn holding under the name defend id through pp no. 5 of 2022. the purpose of the defense industry bumn holding is to build an independent defense industry ecosystem, capable of organizing transformations for member companies of the defense industry bumn holding in order to realize good corporate governance and aligning domestic defense needs. defend id itself is a group of 5 state-owned defense companies consisting of pt pindad (land platforms, heavy equipment, weapons and ammunition), pt di (land platforms and avionics components), pt pal (marine platforms, shipyards, and ship docks), and pt len (electronic system), and pt dahana (explosives and high energy materials). c. problems of the development of the national defense industry in building the independence of the national defense industry, various challenges and problems are complex and protracted. this paper focuses on two main problems that make the shackles in the development of the national defense industry, namely research and development (r&d) and classification of the defense industry. these two problems are very complex in accelerating, modernizing, and linking upstream to downstream industries as well as supporters in the defense industry. first, the unpreparedness of the national defense industry can be seen from research and development (r&d). although, in the regulation of law no. 16 of 2012 which stipulates that defense industry managers provide at least 5% of net profit for the interests of r&d in the defense sector is not going well. the limited budget for strengthening research and development (r&d) has narrowed indonesia's choice to take the offset and technology transfer (tot) method. this option could be a realistic thing because of the limited budget for research and development in the field of defense involving elements of the military, universities, research institutions and the private sector is relatively limited. however, there are legal aspect on indonesia military-industrial complex indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 321 still obstacles because there is no clear concept of research and development (r&d) between the government, defense industry managers, elements of research and development study institutions, as well as the role of the university in linking roles and implementing elements. second, the concept of clustering the defense industry is not clear and the defense industry is not able to produce its own components, either finished products, maintance, spare parts, etc. support (raw material). 2. core indonesia military-industrial complex a. strengthening research in building the independence of the national defense industry in responding to challenges and problems in strengthening research, the author encourages an idea in terms of obstacles in the form of a roadmap for the development of the production of defense and security equipment (alutsista) based on research and development. the ideas are poured into the turning point concept, this concept focuses on the needs of users, namely the tni and with the assistance of the ministry of defense of the republic of indonesia whose needs are implemented into a research and development project by involving various supporting elements including brin, universities, tni-ad/al/au research service, and the defense industry belonging to bumn and private. figure 1. turning point concept sources: authors, 2021 (edited) baiquni, rafikawati, indah, arifin, & nte 322 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) the flow and role of related institutions from the feedback concept/ turning point concept. the flow that is executed is as follows: a. the tni headquarters submits a draft plan for the implementation of the procurement of the tni's main weapon system equipment to the ministry of defense. (following the rules based on the minister of defense regulation no. 17 of 2014) b. the ministry of defense is following up and reviewing the plan for the implementation of the procurement of main weapon system equipment. if it is accepted, it will continue as a research and development working group program. (ministry of defense regulation no. 11 of 2011) c. then the ministry of defense immediately submits the research and development working group program together with brin and the appointed university. d. balitbang ministry of defense, brin, and the university carry out assessments and development research on the prototype being carried, the prototype must go through 3 stages, namely manufacture, assessment, finalization. the finalization of the prototype was immediately tested with the ministry of defense and assisted by the army/air force/navy research and development service as needed. e. with regard to funding for the research and development working group program based on existing laws and regulations, it is provided through various schemes from the ministry of defense dipa through the ministry of finance with the minister of finance regulation, the public-private partnership (ppp) scheme, financing is divided on the basis of ability each other. f. finalization of the prototype if it is approved by the ministry of defense through the defense feasibility center of the ministry of defense which is then given a certificate of eligibility. g. final prototype can be produced according to defense procurement needs both with defend id and private company, private company may have joint ventures and plans for defense acquisitions. b. clustering of the national defense industry the essence of implementing the defense industry cluster concept is the creation of interrelationships and mutual support between the upstream and legal aspect on indonesia military-industrial complex indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 323 downstream industries. the upstream industry is closely related to the processing of raw materials into semi-finished goods. while the downstream industry is an industry that processes semi-finished goods into finished goods. in realizing the independence of the defense industry, upstream and downstream industries in the country must be able to support the need for the supply of defense and security equipment for the tni. the close linkage between upstream and downstream industries in the country will encourage greater local content in the resulting defense and security equipment. the more components that can be made domestically, the greater the local content. figure 2. clasterization of defence industry sources: authors, 2021 (edited) the ideas proposed by the author in supporting the clustering of the defense industry to support independence were formed 7 defense industries, as follows: 1) raw materials industry 2) production industry 3) assembling industry 4) production 5) supporting industries (components, spare parts) 6) electronic industry 7) maintenance baiquni, rafikawati, indah, arifin, & nte 324 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) d. conclusion from the discussion above, the national defense industry for a country including indonesia is very important in reducing dependence on imports of military equipment from abroad and the efforts of the independence of the national defense industry in encouraging the fulfillment of the ideal posture of national defense. efforts to realize the independence of the national defense industry, namely the establishment of law no. 16 of 2012 concerning the defense industry in which there is an obligation to use domestically produced defense equipment, the clustering of the defense industry (the existence of ties to the upstream industry, downstream industry, component industry, and supporting industries, as well as the raw material industry), utilization of defense research and technology, and implementation of compensation. trade and funding in the form of offsets, as well as transfer of technology in the purchase of foreign defense equipment. however, these two problems are very complex in accelerating, modernizing, and linking upstream to downstream industries as well as supporters in the defense industry. first, the unpreparedness of the national defense industry can be seen from research and development (r&d). although, in the regulation of law no. 16 of 2012 which stipulates that the management of the defense industry to provide at least 5% of net profit for the interests of r&d in the defense sector is not going well. the limited budget for strengthening research and development (r&d) has narrowed indonesia's choice to take the offset and technology transfer (tot) method. the core indonesia military-industrial complex is a solution to problems in the effort to realize the independence of the national defense industry by strengthening research and clustering of the defense industry. in the field of research, encouraging the idea of the feedback concept / turning point concept focusing on the needs of the user / user, namely the tni and assisted by the ministry of defense of the republic of indonesia. in the field of clustering, encouraging 7 defense industry clusters, namely: raw material industry, production industry, assembly industry, production, supporting industry (components, spare parts), electronic industry, maintenance. e. acknowledgments thank you to mr. ridwan arifin, sh, ll.m, for any support to the accomplished this article. legal aspect on indonesia military-industrial complex indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) 325 f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. g. funding this research was funding by dipa fh unnes with the student research schme h. references anwar, s. 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(2018). tinjauan teoretis konsepsi pertahanan dan keamanan di era globalisasi industri pertahanan. jurnal pertahanan & bela negara, 5(3), 87-106. about autor(s) muhammad iqbal baiquni is an undergraduate law student at the faculty of law, universitas negeri semarang, indonesia. yulia fajar rafikawati is an undergraduate law student at the faculty of law, universitas negeri semarang, indonesia. wulan saputri indah is an undergraduate law student at the faculty of law, universitas negeri semarang, indonesia. ridwan arifin is lecturer and researcher at the faculty of law, universitas negeri semarang, indonesia. ngabowaji daniel nte is a professor at the department of intellegence and security studies, novena university, nigeria baiquni, rafikawati, indah, arifin, & nte 328 indonesian journal of advocacy and legal services, vol. 4 no. 2 (2022) who dares, wins. who sweats, wins. who plans, wins british special air service (sas) attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d22965a63d • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d18e7f2037 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 169 research article advanced training of intellectual property documents of industrial designs for goyor sarong craftsman in pemalang district waspiah1*, rodiyah2, dian latifiani1, dede alvin setiaji3 1 department of private and commercial law, faculty of law, universitas negeri semarang, indonesia 2 department of administrative and constitutional law, faculty of law, universitas negeri semarang, indonesia 3 independent researcher, undergraduate law student, faculty of law, universitas negeri semarang, indonesia *corresponding author: waspiah, email: waspiahtangwun@gmail.com abstract: intellectual property is used to increase economic value while providing legal protection for innovative inventions. goyor glove, typical of pemalang, in fact, does not yet have legal protection on intellectual property, especially industrial design, so that the protection is low and many industrial designs of goyor sarong are used by others without permission. the methods used to solve the problems in this service program are: (1) training (workshop), which aims to provide knowledge and skills in quality improvement and product development (2) product development and application management of the goyor motif motif to be a description of ip industrial design; (3) assisting and facilitating ip registration of industrial designs to be able to increase the economic value of the product; and (4) monitoring and evaluation for follow-up plans. partners in this program, namely the goyor sarong craftsmen in pemalang district, were given the opportunity to play an active role, from the time of training to mentoring, facilitation and monitoring and evaluation especially during registration and acceleration of obtaining ip industrial design certificates craftsmen are given the opportunity to actively provide ideas, criticism in product development and application of management to obtain ip protection. thus this activity is centered on partners based on the basic needs of partners to develop by increasing the economic value and welfare of the goyor gloves craftsman in particular. keywords: accompaniment; community services; goyor sarong craftsmen; industrial design documents indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 2 (2020): 169-192 doi: 10.15294/ijals.v1i2.33961 submitted: 9 november 2019 revised: 29 november 2019 accepted: 6 december 2019 how to cite: waspiah, w., rodiyah, r., latifiani, d., & setiaji, d.a. (2020). advanced training of intellectual property documents of industrial designs for goyor sarong craftsman in pemalang district. indonesian journal of advocacy and legal services, 1(2), 169-192. doi: 10.15294/ijals.v1i2.33961 waspiah, et.al. 170 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) a. introduction the aspects of intellectual property rights (ipr) which are now changing to being called intellectual property (ip) are very closely related to the development of the potential dynamics of the results of human intellect, namely from work, intentions and creative power. the work in the form of human intellectual work that has a very high economic value should get adequate legal protection supported by a sense of justice and as an appreciation of his intellectual results. this legal protection is very important, because people who find good works in the form of products or goods have to spend a lot of cost and sacrifice. efforts to protect intellectual property also encourage people to create new works that can improve the welfare of the community.1 intellectual property is a right that comes from the work, initiative and creativity of human intellectual abilities that have benefits and are useful in supporting human life and have economic value. the real form of the work, intentions and creativity of human intellect can be in the form of science, technology, art and literature. referring to the definition of ip, the nature of ip is: (1) has a limited period of time, meaning that after the period of protection of innovation has expired, then there can be extended (brand rights), but there is also after the protection period has expired to become public property (patent), (2) is exclusive and absolute, meaning that the right can be defended against anyone, and the owner has a monopoly right, that is, the inventor can use his rights by prohibiting anyone without his permission to make a creation or use the technology he has, and (3) it is an absolute right that is not material.2 1 rodiyah, waspiah, & andri setiawan, acceleration model in obtaining intellectual property rights (ipr) on micro, small and medium enterprises (smes) in semarang city central java, proceeding kuala lumpur international business, economics and law conference, vol 6 no. 4, april 18 – 19, 2015. hotel putra, kuala lumpur, malaysia, pp. 47-57. 2 waspiah, teori dan perkembangan hukum kekayaan intelektual (dinamika nasional dan internasional, bpfh unnes, semarang, 2019, pp. 27-28; waspiah, dian latifiani, & andry setiawan, the mechanism model of the simplepatent registration (a case study in the environmental small industries semarang), south east asia journal of contemporary business, economics and law, vol. 6, issue 4, 2015, pp. 20-27. budi santoso, inge widya pangestika pratomo, nida nur hidayah, sabri banna, rindia fanny kusumaningtyas, brand registration as a marketing strategy and customer loyalty of natural color batik in kampung alam malon village, indonesian journal of advocacy and legal services, vol. 1 no.1, 2019, pp. 79-96; martitah, dewi sulistianingsih, saru arifin, urgency of legal aspects in management of featured products as an effort to empower communities in the circle campus area, indonesian journal of advocacy and legal services, vol. 1 no.1, 2019, pp. 97-106. https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33735 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33735 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33699 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33699 advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 171 legal protection is any effort that can guarantee legal certainty, so that it can provide legal protection to the parties concerned or who take legal action legal protection can be done publicly or privately.3 industrial design is a creation of a shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form of three dimensions or two dimensions that gives an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, goods, industrial commodity or handicraft (article 1 paragraph 1).4 based on the sound of article 1 paragraph 1, it can be concluded that the motif of the goyor goyor is included in the legal protection regime of intellectual property industrial design, which includes fulfilling the elements based on wipo, namely visibility (can be seen by eye), special appearance (special appearance shows differences with other products so attractive to buyers or users of the product), non-technical aspects (only protects the aesthetic aspects of the product and does not protect the technical function aspects of the product), embodiment in a utilitarian article (applied to goods that have uses) industrial design is a right that must be protected and in this case the regulation relating to industrial design is industrial design law number 31 of 2000. there should be regulations that are already regulated, apparently not being applied properly and many cases appear on the surface with regard to industrial design and cyber-violations committed by irresponsible people. furthermore, as friedman revealed in his book, that the legal system must have three important components, not just the legal substance, in this case, the laws and regulations, but balanced with the legal structure, namely the law enforcement officers who can enforce regulations and can carry out these regulations properly so that legal objectives can be created. legal culture which is the third component in the legal system that has been faced by friedman is in this case how the community can also cooperate in submitting and proper to the existing rules and not just the rules become the decoration only.5 3 waspiah, op.cit, p. 35 4 law number 31 of 2002 concerning indusrital design, article 1 paragraph 1. this article recognized that industrial design as an art product which has aesthetical impression. see also waspiah, teori dan perkembangan hukum kekayaan intelektual (dinamika nasional dan internasional, bpfh unnes, semarang, 2019. 5 lawrence m friedman, the legal system: a social science perspective, russell sage foundation, us, 2015, pp. 115-117; tamotsu hozumi, masri maris (transl), asian copyright handbook buku panduan hak cipta asia, asia/pacific cultural centre for unesco, japan, 2006, p. 11 waspiah, et.al. 172 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) public protection is carried out by utilizing legal protection facilities provided by public provisions, such as domestic legislation and international, bilateral and universal agreements, as well as private protection, by careful contracting. public protecion on ipr tiself as stated by kimura, chen, iliuteanu, yamamoto, & ambashi (2016) that intellectual protection rights (ipr) protection is essential for economic growth, innovation, and competitiveness. as the global economy is increasingly organised within global value chains, disciplining and enforcing ipr in a coherent manner internationally has become a critical issue in the 21st century trade system.6 some contemporary cases concerning to legal protection showed that laws and regulations plays an important role on the protection to provide a legal certainty.7 one of the characteristics and at the same time is the goal of the law is to provide protection to the community. therefore, the legal protection of the community must be realized in the form of legal certainty.8 an intellectual work is produced and developed on the basis of thinking that requires assessment with a variety of risks, therefore the protection of the designer, designer or inventor is seen as reasonable, because in order to produce a work and/or an invention with actions that carry a risk of violation. as well as legal protection for awards that will provide a stimulus for the parties to create new intellectual works, will be more creative, so that it will produce benefits.9 therefore there is a need for community service activities in the form of science and technology for the society (ipteks bagi masyarakat, ibm) on the 6 fukunari kimura, lurong chen, maura ada iliuteanu, shimpei yamamoto, & masahito ambashi, tpp, ipr protection, and their implications for emerging asian economies, policy brief economic research institute for asean and east asia, no. 2016-02, april 2016, pp.1-7. 7 khoirun nissa, protection of industrial design law in the enhancement of economic development in indonesia, journal of private and commercial law, vol. 3 no. 2, 2019, pp. 76-81; ridwan arifin, indonesian political economic policy and economic rights: an analysis of human rights in the international economic law, journal of private and commercial law, vol. 3 no. 1, 2019, pp. 38-49; andry setiawan, dissemination of copyright law in digital products in semarang city, journal of private and commercial law, vol. 2 no. 1, 2018, pp. 47-54. 8 debashis bandyopadhyay, emergence of ipr regimes and governance frameworks. in: securing our natural wealth: south asia economic and policy studies, springer, singapore, 2018, pp. 17-19; shidarta, karakteristik penalaran hukum dalam konteks keindonesiaan, utomo, bandung, 2005, p. 112. 9 johanna gibson, community resources: intellectual property, international trade and protection of traditional knowledge, routledge, london, 2016, pp. 214-215; candra irawan, protection of traditional knowledge: a perspective on intellectual property law in indonesia, the journal of world intellectual property, vol. 20 no. 1-2. 2017, pp.57-67. https://journal.unnes.ac.id/nju/index.php/jpcl/article/view/18178 https://journal.unnes.ac.id/nju/index.php/jpcl/article/view/18178 https://journal.unnes.ac.id/nju/index.php/jpcl/article/view/14217 https://journal.unnes.ac.id/nju/index.php/jpcl/article/view/14217 advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 173 designers of the goyor gloves to be able to increase economic value and also legal protection of the goyor glove motifs whose designs. furthermore, based on prelimery research conducted by authors, it was found that the problems faced by the designers of the north wanarejan goyor gloves are as follows: 1. limitations of the type of design motif 2. there is no awareness of legal protection for the results of the goyor sarong industrial design in north wanarejan. the inevitability of registering works into ip in the form of copyrights, patents, brands, trade secrets and others as unlimited needs in the realization of legal protection for the design of the goyor glove industry. based on the identification of these problems, it can be formulated the focus of the application of the skills in preparing the industrial design ip document as follows: 1. what is the concept of registering the industrial design ip that should be practiced in the design of the goyor glove in north wanarejan? 2. how to model the application of the preparation of industrial design registration documents in the design of the goyor glove in north wanarejan? 3. how to empower the potential of the ip invention to be an industrial design to support the achievement of legal protection of the rights product in the sme designer of goyor gloves in north wanarejan? 4. how to facilitate registration, acceleration of acquisition of ipindustrial design in the goyor glove designer smes in north wanarejan so as to increase the economic value of the goyor glove design industrial design in north wanarejan? b. method based on the results of discussions with partners, namely the owner of the design of the goyor glove industry in north wanarejan, it was agreed that the handling or problem solving is prioritized or focused on the problems of: (1) improving the quality of human resources in terms of improving quality and product development and management application; (2) development of the goyor glove industrial design products in north wanarejan, and (3) application of sme management, especially marketing. (4) acquisition of ip for legal protection and increasing the economic value of the design of the goyor glove industry in north wanarejan. therefore, the solutions that will be carried out to solve problems or achieve the targets of the application of science and technology are: first, waspiah, et.al. 174 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) improve the quality of human resources to be able to: (1) improve quality and develop products and motives that are unique and quality, and representative to be presented to buyers; and (2) implement good management, which can support efforts to improve the quality of product packaging. second, helping partners or smes in: (1) improving the quality and developing products of the design of the goyor glove industry in north wanarejan, by creating products and creativity that are distinctive and quality or representative; (2) implement sme management. third, improving legal awareness of product protection in the context of acquisition of ip for legal protection and enhancing economic value. as well as the ability to prepare ip documents for industrial and copyright designs so that acquisition of ip is for legal protection and enhancing the economic value of the design of the goyor glove industry in north wanarejan. c. result and discussion 1. framework of program: intellectual property for smes and its protection 1) basic framework of intellectual property intellectual property according to bambang kusumo as quoted by saleh, that substantively as a right to wealth arising or born because of human intellectual abilities.10 another opinion states that intellectual property is the right to enjoy economically the results of intellectual creativity. economic rights are the right to obtain economic benefits from creation in the form of royalties or awards.11 intellectual property rights are rights that come from the work, intentions, and creativity of human intellectual abilities that have benefits and are useful in supporting human life and have economic value. the real form of the work, intentions, and creativity of human intellect can be in the form of science, technology, art and literature. innovation or the creation of a work by using intellectual abilities is reasonable if the inventor or creator gets a reward.12 10 ismail saleh, hukum dan ekonomi, gramedia pustaka utama, jakarta, 1990, p.51; kusumo bambang, pengantar umum mengenai hak atas kekayaan intelektual (haki) di indonesia, faculty of law universitas gadjah mada, yogyakarta, 1995, p.51. 11 much. nurachmad, segala tentang haki indonesia, buku biru, yogyakarta, 2012, p.22 12 christopher may, the global political economy of intellectual property rights: the new enclosures, routledge, london, 2015, pp. 125-126; graham dutfield, intellectual property rights and the life science industries: a twentieth century history, routledge, london, 2017, pp. 117-119; andry setyawan, non-traditional trademarks in indonesia: protection under the laws and regulations (an intellectual property law), jils (journal of indonesian legal studies), vol 2 no. 2, 2017, pp. 123-130. advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 175 intellectual property rights (iprs) are generally divided into two main categories as emphasized by senewe13, namely: copyright and the right to industrial property consisting of: a. patent. b. brand rights. c. industrial product rights. d. rights to plant varieties. e. right to layout design of integrated circuits. furthermore, concerning to principle of intellectual property rights protection, the law provides guarantees for every authority to enjoy their products and creations with the help of the state. legal protection guarantees that the interests of the owner are maintained. to balance interests, the intellectual property rights system must be based on the principle: a. the principle of natural justice based on this principle, the law gives protection to the creator in the form of a power to act in the framework of interests called rights. a creator who produces a work based on his intellectual ability is reasonable if his work is recognized. b. economic principles (the economic argument) based on this principle ipr has economic benefits and value and is useful for human life. the economic value of ipr is a form of wealth for the owner. the creator benefits from ownership of his work such as in the form of royalty payments for music and song compositions. c. cultural principles (the cultural argument) based on this principle, recognition of literary creations from human creations is expected to be able to arouse enthusiasm and interest to encourage the birth of new creations. this is because the growth and development of science, art and literature are very useful for improving the standard of life, civilization and human dignity. in addition, ipr will also provide benefits for the community, nation and state. d. social principles (the social argument) based on this principle, the ipr system provides protection to the creator not only to meet the interests of individuals, partnerships or unity, but is based on the balance of individuals and society. this form of balance 13 emma valentina teresha senewe, efektivitas pengaturan hukum hak cipta dalam melindungi karya seni tradisional daerah, jurnal lppm bidang ekososbudkum, vol. 2 no. 2, 2015, pp. 12-23. https://ejournal.unsrat.ac.id/index.php/lppmekososbudkum/article/view/10661 https://ejournal.unsrat.ac.id/index.php/lppmekososbudkum/article/view/10661 waspiah, et.al. 176 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) can be seen in the provisions of social functions and compulsory licenses in the indonesian copyright act14. 2) industrial design and its protection for smes industrial design is a creation of a shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form of three dimensions or two dimensions that gives an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, goods, industrial commodity or handicraft. article 1 paragraph 1). simanjuntak15 based on the understanding in the act there are several elements of the industrial design, namely: a. there is a creation about the shape, configuration, or composition of lines, colors, or lines and colors or combinations thereof in the form of three dimensions or two dimensions. a. give aesthetic impression. b. can be realized in three-dimensional or two-dimensional patterns. c. the pattern can be translated into products, goods, industrial commodities or handicrafts. while the designer is the designer is a person or several people who produce industrial designs. article 1 paragraph 5 further stated that the right to industrial design is an exclusive right granted by the state of the republic of indonesia to the designer for his creation for a certain period of time to implement himself or give his approval to other parties to carry out that right. furthermore, it is said that not all industrial designs produced by designers can be protected as the right to industrial designs. only new industrial designs can be given to the designer. according to saidin16 that limitation on the new industrial design by the industrial design law states that industrial design is considered new if on the date of receipt, the industrial design is not the same as the previous disclosure. previous disclosures are disclosures of industrial designs before: a. receipt date; b. priority date if the application was submitted with priority rights, it has been announced or used in indonesia or outside indonesia. 14 r. djubaedillah and muhammad djumhana, hak milik intelektual, pt.citra aditya bakti, bandung, 1993, pp. 25-26. 15 w. simanjuntak, perlindungan hak cipta di indonesia, dirjen hki, jakarta, 2006, pp. 34-36. 16 o.k. saidin, aspek hukum hak kekayaan intelektual (intelectual property rights), raja grafindo persada, jakarta, 2013, p. 274. advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 177 an industrial design cannot be considered to have been announced if within a period of a month prior to the date of receipt, the industrial design; a. has been demonstrated in a national or international exhibition in indonesia or abroad that is official or recognized as official; b. has been used for educational, research or development purposes. the right to industrial design cannot be granted if the industrial design is contrary to the applicable laws and regulations, public order, religion, or decency. then furthermore, who is the legal subject in this case? according to mertokusumo the subject of law is anything that can obtain rights and obligations and which can obtain rights and obligations is human. so humans are recognized by law as rights and obligations as legal subjects or as people.17 the subjects of industrial design according to article 6-8 of law number 31 of 2000 are: a. the designer or who receives the rights from the designer. a. in the case of designing several people together, the right of industrial design is given to them jointly, unless agreed otherwise b. if an industrial design is made in an official relationship with another party in the environment, the right holder of the industrial design is the party for and/or in his office the industrial design is carried out, unless there is another agreement between the two parties without prejudice to the right of designer if the use of the design the industry expanded beyond official relations. c. if an industrial design is made in a work relationship or on an order basis, the person making the industrial design is considered as the designer and right holder of the industrial design, unless otherwise agreed between the two parties. the aforementioned provisions do not nullify the designer's right to remain listed in the industrial design certificate, general register of industrial designs, and the official gazette of industrial designs. application for industrial design the right to industrial design is granted by the state. of course the state will not give it away, not necessarily without registration as is the case with copyright because later the industrial design right will be granted by the state with the issuance of an industrial design certificate. as it is known that the procedure for registration of industrial designs must go through constitutive principles. the right to industrial design is granted by the state as long as there is a 17 sudikno mertokusumo, mengenal hukum suatu pengantar, liberty, yogyakarta, 2005, pp. 25-28; see also geoffrey samuel, epistemology and method in law, routledge, london, 2016, pp. 117-119. waspiah, et.al. 178 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) requesting party. normatively it is required that the birth of these rights must be carried out in certain ways and procedures.18 application for registration of industrial designs is regulated in article 10-19 of law number 31 of 2000 concerning industrial designs, including the following conditions: a. an application shall be submitted in writing in the indonesian language to the directorate general with payment of fees as regulated in this law. b. the application referred to in paragraph (1) is signed by the applicant or his proxy. c. the application must contain: a) date, month and year of application; b) the name, full address, and nationality of the designer; c) name, complete address, and nationality of the applicant; d) full name and address of the power of attorney if the application is filed through a proxy; and e) the name of the country and the date of receipt of the first application, if the application is filed with priority rights. d. the application referred to is enclosed with: a) physical samples or drawings or photographs and descriptions of industrial designs being applied for registration; b) a special power of attorney, if the application is filed through a proxy; c) a statement that the industrial design being applied for registration is the property of the applicant or the property of the designer. e. in the case that an application is jointly filed by more than one applicant, the application is signed by one of the applicants by attaching written approval from the other applicants. f. in the case that an application is submitted by a non-designer, the application must be accompanied by a statement that is accompanied by sufficient evidence that the applicant is entitled to the design industry in question. g. provisions regarding the procedure for application shall be regulated further by a government regulation. the party who first submits the application is deemed to be the holder of the right to industrial design, unless proven otherwise. and each application can only be filed for one industrial design or several industrial designs which are a unity of industrial designs or which have the same class. an application using priority rights must be submitted 18 muchtar a hamid labetubun, perlindungan hukum desain industri di dunia maya (kajian overlaping antara hak cipta dengan hak desain industri), jurnal sasi, vol. 17 no. 4, 2011, pp. 8-19. advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 179 no later than 6 (six) counts from the date of receipt of the application which was first received in another country that is a member of the paris convention or a member of the agreement on the establishment of the world trade organization. requests with priority rights must also be completed with priority documents that are approved by the office conducting registration of industrial designs accompanied by their translation in indonesian within a maximum period of 3 (three) months after the end of the period for filing applications with priority rights. if these conditions are not fulfilled, the application is deemed filed without using priority rights. in addition to the copy of the application as referred to in the description above, the directorate general can request that the application using priority rights be completed with: a. a complete copy of the right to industrial design that has been granted in connection with the registration which was first submitted in another country b. legitimate copies of other documents needed to facilitate an assessment that the industrial design is new. the date of receipt of the application is also very important because it is related to the starting point of protection of the proposed industrial design right. the date of receipt of the application on condition that the applicant has: a) fill in the application form b) attach physical samples or drawings or photographs and a description of the industrial design being applied for registration c) pay the application fee. if there is a deficiency in fulfilling the requirements and completeness of the application, the directorate general shall notify the applicant or his proxy that the deficiency be fulfilled within 3 (three) months from the date of sending the notice of the shortage. the period can be extended for a maximum of 1 (one) month at the request of the applicant. furthermore, if deficiencies cannot be met, the directorate general shall notify the applicant or his proxy in writing that the application is deemed withdrawn. in the event that an application is deemed withdrawn, all costs that have been paid to the directorate general cannot be withdrawn. requests for withdrawal of applications can be submitted in writing to the directorate general by the applicant or his proxy as long as the application has not yet been granted a decision. waspiah, et.al. 180 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 2. improvement of legal capacity for preparing legal documents of ipr for goyor sarung craftsmen 1) realization of programs the form of problem solving realization is reported as follows. the activity began with 1 july 2019, the team made communication with the north wanarejan village as the giver of the service of the goyor sarong craftsman in north wanarejan pemalang regency. the team communicated with the north wanarejan village chief, mr. mahmud, who then communicated intensely to the craftsmen of the goyor gloves, which at that time also made an invitation letter for the craftsmen totaling 100 craftsmen. basically the north wanarejan village head did not object and stated that he could go ahead and coordinate with the team to prepare for the activity. furthermore, the service team coordinates the material that must be delivered as well as the personnel who are prepared. coordination is carried out primarily to make the material relevance of the training of preparation of intellectual property documents of industrial designs in the craftsmen of pemalang typical goyor gloves in pemalang district the arrangement of the skills training for the development of intellectual property documents of industrial design in the pemalang typical goyor craftsmen in pemalang regency is as on table 1. table 1 skills training agenda for development of ip document no time agenda 1 13.00-13.30 participant preparation 2 13.30-13.40 the opening of the program was begun with a prayer and the purpose of the activity was carried out by the head of the team waspiah, sh.,mh. 3 13.40-14.40 skills training of intellectual property document preparation of industrial design in pemalang typical goyor craftsmen in pemalang district, power point material in very simple language was delivered by the unnes community service team (waspiah, sh., mh, and dian latifiani, sh.,mh) 4 14.40-15.30 discussion and question and answer 5 15.30-17.00 assistance in the preparation of intellectual property documents for industrial designs to craftsmen of goyor gloves in north wanarejan 6 17.00-17.15 closing source: authors’s document the implementation of giving material in a simple way with language that is easily understood by the participants is to jointly examine the advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 181 material presented using lcd tools that are facilitated with powerpoints, which contain matters relating to knowledge of industrial design in general and then provide proficiency training the preparation of intellectual property documents of industrial design in pemalang typical permanent goyor craftsmen in pemalang district can provide the importance of legal protection to the designer of the importance of design registration in the interest of protecting moral rights and economic rights for designers and village heads in order to motivate their citizens, 75% of whom there is a goyor sarong designer to carry out an inventory and registration of the goyor sarong design for legal protection related to economic and moral rights, and can advance the welfare of the designer in desa wanarejan utara. legal protection also needs to avoid using the design of the goyor holster without permission to the designer. provision of material by way of sharing using material clarity will make it easier for participants to understand the material, carry out and then make an appeal to the designer of the goyor glove in wanarejan village. especially other designers so that they are motivated to register the design of the goyor glove for legal protection from irresponsible parties by plagiarizing designs that are impacted by the lack of protection of moral rights and economic rights which cause one of them is the welfare of the designer and especially attention to the pemalang regency government as a regional asset. the discussion and question and answer were enthusiastically welcomed by the participants, especially the designers, with a number of questions about how to do the registration and how it relates to the design registration with the welfare of the designers because all this time they did not know that the designs they created with high intellectualness were protected by the state. one important thing is when giving the next material questions and answers are many questions that arise not only about how to protect industrial design but also questions about intellectual property and how the relationship of registration of intellectual property specifically industrial design and brand can improve the level and welfare designer as well as what actions should be done by designers so that their designs are protected and how to register. in this question and answer session showed that the designers were very enthusiastic about the training of proficiency preparation of intellectual property documents of industrial design in pemalang typical goyor craftsmen in pemalang district. this kind of activity is the first time there so that the curiosity of the designer is very high, things related to intellectual property, according to them are very new, even that is the first waspiah, et.al. 182 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) thing they hear. so far, their designers only know the brands and patents. related to industrial design is the smell of the designer, especially how to prepare documents for registration. designers feel difficulties related to what they prepare and what to do. therefore, the training of proficiency in preparation of intellectual property documents of industrial design in pemalang typical goyor craftsmen in pemalang regency needs to be carried out continuously, so that the results are in accordance with what is expected. because training in the skill of preparing industrial design intellectual property documents which is only done once is less helpful in how designers know and understand and apply intellectual property documents. in the context of this application, the faculty of law unnes community services team communicates with the head of north wanarejan village and works closely with the pemalang district government with the department of education to work together on how to provide intellectual property documents and other matters relating to one's intellectual property in this case are the designer and how designers give their goyor gloves a brand name. it turns out that all this time they only make goyor gloves based on orders, without brands. eventhough the buyer who gives the brand sells the price twice the purchase price. designers and craftsmen reasoned that when the goods they gave the brand, if long sold, goyor gloves will become quality goods 2 and inevitably they sell at low prices. this happened because they did not use the old sales method, word of mouth. in a time that is growing so rapidly, sellers and buyers don't have to meet using online sales. even with online sales, the goyor glove can be better known in the world. with so the welfare of craftsmen and designers more remembered, given the goyor gloves have existed since 1942 since the japanese occupation. in the final session of affirmation by the team with the same material for the training of preparation of intellectual property documents industrial design in the craftsmen of pemalang typical goyor crafts industries and brands, whose hopes the design of the pemalang goyor holster get legal protection, so that there is no imitation of the design and then claim that it is theirs. this legal protection is also related to the welfare of the designers and craftsmen and the recognition of their products is not only national but also international. in general, the results of the skills development training on intellectual property document design of industrial design in pemalang typical goyor craftsmen in pemalang district showed positive results with activities that took place as planned and were enthusiastic about the advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 183 participants with high levels of benefit. the delivery method is felt to be more realistic and pragmatic. the skill training of intellectual property document preparation of industrial design in pemalang typical goyor craftsmen in pemalang district can be achieved as follows: criteria used to mark the success of this activity are as follows: a. the seriousness of the participants (craftsmen and designers of the pemalang goyor gloves) in following the material explanation of the training on the preparation of intellectual property documents of industrial design in pemalang typical goyor craftsmen in pemalang, seen from the presence, enthusiasm at the meeting. b. active involvement in the training of proficiency in the preparation of intellectual property documents of industrial design in pemalang typical goyor craftsmen in pemalang district. c. willingness and implementation of the activities of the training of preparation of intellectual property documents industrial design in craftsmen of pemalang typical goyor gloves in pemalang district and want to do the same knowledge to the craftsmen and designers in their environment, especially in the north wanarejan village, 75% of the people are working in pemalang district the production of the pemalang goyor sarong. d. increased knowledge about the rights of industrial design, especially the training of preparation of intellectual property documents for industrial design in pemalang typical goyor craftsmen in pemalang district so that craftsmen and designers strive to protect their intellectual work by registering for legal protection, so that the design results they are not used by claimed by irresponsible parties, because their intellectual work is protected by law and there are inherent primary rights namely moral rights and economic rights. these economic rights play a very important role. e. the establishment of the ability to provide knowledge of industrial design training in the development of intellectual property documents of industrial design in pemalang typical goyor craftsmen in pemalang district. how a legal protection is given by the state to the designer through registration of industrial design. 2) analysis of the programs in terms of attendance, the number of participants participating in the training on the preparation of intellectual property documents for industrial design in the craftsmen of pemalang typical goyor gloves in waspiah, et.al. 184 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) pemalang regency is quite a lot, namely more than 50 participants. participants consisted of craftsmen and designer of goyor gloves both men and women. skills training on intellectual property document preparation of industrial design in pemalang typical goyor craftsmen in pemalang district, many participants and their enthusiasm for community service were chosen among the craftsmen and designers because they had not been informed at all about the importance of design registration for legal protection. , so far they only know the brand, and even then do not know the importance of trademark registration and industrial design. the words industrial design are new to them, so far they do not know that what they have created gets legal protection by registering. knowledge of intellectual property for them is very minimal, this is reasonable given that all they know is that they only design and make orders, even though their gloor glove has been circulating in many countries. skills training for the development of intellectual property documents of industrial design in pemalang typical goyor craftsmen in pemalang regency does not only focus on industrial design, because in practice it turns out that many craftsmen do not know what intellectual property is. even the design of the goyor cover is not only protected by industrial design but also by another intellectual property regime, namely copyright, and some intellectual property regimes that protect the intellectual property of craftsmen and designers, such as the brand, copyright and design industries. the initial purpose of a legal protection is to protect the results of human intentions and inventions as outlined in tangible form and all of that based on statutory regulations is through registration. that is the importance of how the preparation of intellectual property documents in this case the industrial design for registration submitted. all of these things cannot be realized by themselves, but the need for collaboration with several parties, namely kelurahan, and pemalang district government in this case is the related department. providing assistance in compiling documents of intellectual property is not only biased directly to the craftsmen and designers but there must be continuous assistance. usually this assistance is constrained by many factors, both internal and external. some rules and regulations have provided many facilities, especially if related to smes, from funding to the time for examination. usually the obstacle arises from the district government itself, such as the pemalang district government based on the results of the study that does not yet have a regulation or regulation related to intellectual property protection or traditional cultural expression, whereas in pemalang district there is a lot of intellectual property that can be an asset of the local government, such as advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 185 pineapple honey belik, bromyang batik motifs, and goyor sarong. these constraints arise related to inadequate funding and human resources, because for some people that the management of intellectual property requires skills and a deep understanding. in this understanding and knowledge activity, craftsmen and designers are given an understanding of matters relating to copyright, industrial and brand design as well as forms and infringement of copyright, brand and industrial design as well as its legal consequences. industrial design is a creation of a shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form of three dimensions or two dimensions that gives an aesthetic impression and can be realized in threedimensional or two-dimensional patterns and can be used to produce a product, goods, industrial commodity or handicraft. article 1 paragraph 1). while the designer is the designer is a person or several people who produce industrial designs. article 1 paragraph 5 further states that the right to industrial design is an exclusive right granted by the state of the republic of indonesia to the designer for his creation for a certain period of time to carry out by himself, or give his approval to another party to carry out that right. registration of intellectual property through a long process and there is no exception with the registration of industrial designs. so that the government in this case the ministry of law and human rights provides an alternative to cut the length of the bureaucracy through online registration where registrants do not have to come alone to the director general of intellectual property but only need to pass through online registration. the direct registration is done directly with the files that have been mentioned in the law. application for industrial design the right to industrial design is granted by the state. of course the state will not give it away, not necessarily without registration as is the case with copyright because later the industrial design right will be granted by the state with the issuance of an industrial design certificate. as it is known that the procedure for registration of industrial designs must go through constitutive principles. the right to industrial design is granted by the state as long as there is a requesting party. normatively it is required that the birth of these rights must be carried out in certain ways and procedures.19 application for registration of industrial designs is regulated in article 10-19 of law number 31 of 2000 concerning industrial designs, including the following conditions: 19 ibid. waspiah, et.al. 186 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) a. an application shall be submitted in writing in the indonesian language to the directorate general with payment of fees as regulated in this law. b. the application referred to in paragraph (1) is signed by the applicant or his proxy. c. the application must contain: a) date, month and year of application; b) the name, full address, and nationality of the designer; c) name, complete address, and nationality of the applicant; d) full name and address of the power of attorney if the application is filed through a proxy; and e) the name of the country and the date of receipt of the first application, if the application is filed with priority rights. d. the application referred to is enclosed with: a) physical samples or drawings or photographs and descriptions of industrial designs being applied for registration; b) a special power of attorney, if the application is filed through a proxy; c) a statement that the industrial design being applied for registration is the property of the applicant or the property of the designer. e. in the case that an application is jointly filed by more than one applicant, the application is signed by one of the applicants by attaching written approval from the other applicants. f. in the case that an application is submitted by a non-designer, the application must be accompanied by a statement that is accompanied by sufficient evidence that the applicant is entitled to the design industry in question. g. provisions regarding the procedure for application shall be regulated further by a government regulation. the party who first submits the application is deemed to be the holder of the right to industrial design, unless proven otherwise. and each application can only be filed for one industrial design or several industrial designs which are a unity of industrial designs or which have the same class. an application using priority rights must be submitted no later than 6 (six) counts from the date of receipt of the application which was first received in another country that is a member of the paris convention or a member of the agreement on the establishment of the world trade organization. requests with priority rights must also be completed with priority documents that are approved by the office conducting registration of industrial designs accompanied by their translation in indonesian within a maximum period of 3 (three) months after the end of the period for filing applications with priority rights. if advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 187 these conditions are not fulfilled, the application is deemed filed without using priority rights. in addition to the copy of the application as referred to in the description above, the directorate general can request that the application using priority rights be completed with: a. a complete copy of the right to industrial design that has been granted in connection with the registration which was first submitted in another country b. legitimate copies of other documents needed to facilitate an assessment that the industrial design is new. the date of receipt of the application is also very important because it is related to the starting point of protection of the proposed industrial design right. the date of receipt of the application on condition that the applicant has: a. fill out the application form b. attach physical samples or drawings or photographs and a description of the industrial design being applied for registration c. pay the application fee. if there is a deficiency in fulfilling the requirements and completeness of the application, the directorate general shall notify the applicant or his proxy that the deficiency be fulfilled within 3 (three) months from the date of sending the notification of the shortage. the period can be extended for a maximum of 1 (one) month at the request of the applicant. and if deficiencies cannot be met, the directorate general shall notify the applicant or his proxy in writing that the application is deemed withdrawn. in the event that an application is deemed withdrawn, all costs that have been paid to the directorate general cannot be withdrawn. requests for withdrawal of applications can be submitted in writing to the directorate general by the applicant or his proxy as long as the application has not yet been granted a decision. 3) follow-up plan of programs the next stage of the plan is to monitor and evaluate the craftsmen and the design of the goyor glove, and then follow up on the monev activities by analyzing the extent of the understanding of the craftsmen and designers related to industrial design. so that craftsmen and designers can understand and know that their intellectual work can be protected by law from irresponsible parties, the legal protection through registration. he hopes that with this protection, craftsmen and designers can be even more waspiah, et.al. 188 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) eager to explore better design results and meet market demands without fearing that their work will be used by irresponsible parties. the main scourers of the existence of legal awareness for registration of insutri designs, brands and even aspirations are the government of pemalang regency, related agencies and the north wanarejan kelurahan. why do urban village officials, because the craftsmen and designers make up 75% of the total population of north wanarejan, do not have a community, so things related to craftsmen and designers must go through the kelurahan. it also needs the support and cooperation of the ministry of law and human rights as an institution that can play an important role in the protection and understanding of the law related to intellectual property. as the main pillar that deals with the field of law intellectual property must be concerned to be the main pengerak creation of early understanding of craftsmen and designers so that the craftsmen and designers can create better motives and designs to meet market desires both national and international. d. conclusion based on observations during the stages of the community service craftsmanship of this pemalang goyor craftsman, the authors concluded that the participants of the activity paid considerable attention to the training of proficiency in intellectual property document development industrial design in the craftsmen of pemalang typical goyor crafts in the district pemalang. this can be seen from the enthusiastic craftsmen and designers during the training. during the training there were many questions about knowledge about intellectual property not only industrial design but also other intellectual property regimes such as brands and copyrights. in particular, industrial designs, craftsmen and new designers know that what they design has legal protection to avoid the use of irresponsible parties. e. acknowledgments thank to all faculty members of faculty of law, universitas negeri semarang (unnes), indonesia. authors also would like to express a great thankfulness for all parties involved on the program, especially to sarong goyor craftsmen in pemalang, ministry of law and human rights central java headquaters, and all north wanureja village official. advanced training of intellectual property documents indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 189 f. declaration of 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http://jdih.pom.go.id/produk/undang-undang/uu_no_31_th_2000%5b1%5d.pdf https://dgip.go.id/images/ki-images/pdf-files/hak_cipta/uu_pp/uu_hc_%2028_2014.pdf https://dgip.go.id/images/ki-images/pdf-files/hak_cipta/uu_pp/uu_hc_%2028_2014.pdf https://dgip.go.id/images/ki-images/pdf-files/merek/uu_pp/uu%20no%2020%20tahun%202016%20tentang%20merek.pdf https://dgip.go.id/images/ki-images/pdf-files/merek/uu_pp/uu%20no%2020%20tahun%202016%20tentang%20merek.pdf https://dgip.go.id/images/ki-images/pdf-files/merek/uu_pp/uu%20no%2020%20tahun%202016%20tentang%20merek.pdf waspiah, et.al. 192 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) quote patents are not forever, but inventions are kalyan c. kankanala on fun ip, fundamentals of intellectual property copyrights © 2020 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not 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know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20cf68d61fef • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20cf7ad02037 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20ced94120fd • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d27f8620fd • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 45 enforcement of criminal sanctions of health quarantine law trespasser in indonesia rina elsa rizkiana1 , michael gerry2 1,2 faculty of law, social and political science, universitas terbuka corresponding author: xxx.elsa1357@gmail.com abstract: who stated there was an additional variant of the corona virus that were more easily transmitted and resistant to vaccines. the indonesian government required to prevent the entry of these variants into indonesian territory. this prevention realized by implementing a quarantine policy which guided by law number 6 of 2018 on health quarantine. however, there is a gap between the number of violations and the low rate of case resolution. one of the causes is people's noncompliance with quarantine provisions after traveling abroad. this contradicted by the purpose of the health quarantine act. this study aims to describe the legality and legal construction of the health quarantine act formulation. this research was a normative juridical by using a statute approach and a conceptual approach. the results of the study indicate that violations of the health quarantine act can be punish in order to provide certainty and law enforcement based on the ultimum remedium principle if they meet the provisions of the health quarantine act. thus, evaluation of legal content related to juridical consequences, and socialization as a persuasive effort and communication strategy need to be carried out so that transparency of legal consequences can be accepted and obeyed by the community. keywords: criminal; health quarantine; legality how to cite: rizkiana, rina elsa, and michael gerry. “enforcement of criminal sanctions of health quarantine law trespasser in indonesia”. indonesian journal of advocacy and legal services 4 no. 1 (2022): 45-72. https://doi.org/10.15294/ijals.v4i1.54429. issn: 2686-2085 (print) issn: 2686-2611(online) vol. 4 no. 1 (2022): 45-72 doi: 10.15294/ijals.v4i1.54429 submitted: 2 february 2022 revised: 15 march 2022 accepted: 11 april 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. mailto:xxx.elsa1357@gmail.com https://orcid.org/0000-0002-0395-7276 https://orcid.org/0000-0002-0993-0410 https://doi.org/10.15294/ijals.v4i1.54429 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ r. e. rizkiana & m. gerry 46 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) a. introduction world health organization (who) declared a covid-19 pandemic on march 12, 2020, based on the number of infected cases in the global scope. this virus is spreading more widely which is mark by an increase in the number of infected cases and the number of deaths.1 meanwhile, the covid19 data analysis report in indonesia as of december 26, 2021 shows that in the past week at the national level: the number of infected cases decreased by 13.3% (1,402 to 1,215 inhabitants), the number of deaths decreased by 15.6 % (64 to 54 people), and the number of recoveries decreased by 8.2 % (1,568 to 1,440 inhabitants). thus, if the data on covid-19 in indonesia calculated as a whole and compared with data at the international level, indonesia is known to have a death toll of 144 .055 people (1.45 % above the world average), the number of cures is 4.113.049 people (7.2 % above the world average), and the number of active cases is 4.655 inhabitants (8.65 % below the world average).2 the increases cases of covid-19 infection in indonesia "forces" the government to take countermeasures by implementing various policies. indonesian constitution (article 28h paragraph (1) of the uud 1945) mandates the state to protect and provide health services to the community. this mandate based on the principle of inherent human rights which assumes that every human being has inviolable human rights, the wohlfaarstaats principle which considers the state as a tool for the welfare of the people, and the adage expressed by cicero, salus populi suprema lex esto which means people’s safety is the highest law for a country.3 one of the policies is the quarantine policy regulated in law number 6 of 2018 on health quarantine. article 1 point 6 of the law defines quarantine as a restriction on the movement of both healthy and sick people with the aim of monitoring and ensuring early detection of new cases. in addition to implementing a quarantine policy, the government has established a health emergency status as stated in presidential decree no. 11 of 2020 on the establishment of covid-19 public health emergency and large-scale social 1 who coronavirus (covid-19) dashboard, who coronavirus (covid-19) dashboard with vaccination data accessed at https://covid19.who.int/ 2 satuan tugas penanganan covid-19, “analisis data covid-19 indonesia (update per 30 januari 2022)”, online, 2022, accessed at https://covid19.go.id/artikel/2022/02/05/analisisdata-covid-19-indonesia-update-30-januari-2022 3 rina elsa rizkiana, “transformation of law paradigm: representation of "salus populi suprema lex" in the implementation of virtual civil court”, proceedings the 3rd open society conference 2021, (july, 2021): 1-14. http://osc.fhisip.ut.ac.id/wpcontent/uploads/2021/09/prosiding-the-3rd-osc-agustus-2021.pdf enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 47 restrictions (psbb) policy on april 1, 2020 through government regulation number 21 of 2020 on large-scale social restrictions. although various policies have been set, the facts on the ground show different results through the increase in cases of covid-19 infection. this phenomenon occurs because the implementation of these policies is not accompanied by a strict law enforcement process. concrete evidence that supports this statement shows from the presence of the covid-19 quarantine mafia case at soekarno hatta airport, as well as cases of foreign travelers who do not carry out quarantine obligations. these cases occur because there are elements who help prevent indonesian citizens (wni) and foreign citizens (wna) who come from traveling abroad from carry out of quarantine. indonesian government implemented the obligation to carry out a 14-day quarantine for indonesian citizens and foreigners who came from abroad. the occurrence of these cases increases the risk of spreading covid-19 in indonesia. this is proofing of the health quarantine act implementation has not been optimal. this problem being a high level of urgency because it related to the creation of justice. as is known, fairness can only be pursued if legal uncertainty (rechtsonzakerheid) and legal vacuum (rechtvacuum) have been eliminated. therefore, the efforts to ensure that a rule is clear (does not cause a variety of interpretations), does not conflict with each other, and has implementing regulations is absolutely necessary. based on this explanation, in order to realize the protection of the benefit of the indonesian people from the covid-19 pandemic as mandated in article 28h paragraph (1) of the uud 1945, it is necessary to have a law which provide a deterrent effect as an anticipation of less effective the other laws. the law is criminal law as a law that has the characteristics of criminal sanctions.4 in the onther side, criminal law is very appropriate for handling the covid-19 pandemic in accordance with the general functions and special functions of criminal law. however, this argument does not deny the principle of criminal law as the ultimum remidium. this adage (ultimum remedium) as a first reminder to consider imposing other lighter sanctions before imposing harsh and sharp criminal sanctions. if other legal functions turn out to be less deterrent, then criminal law can be used.5 (rahmawati, 2013) the legislators have formulated legal policies for handling public health emergencies into a statutory regulation (the health quarantine act) that 4 edward omar sjarief hiariej, prinsip-prinsip hukum pidana. (yogyakarta, cahaya atma pustaka, 2016). 5 nur ainiyah rahmawati, “hukum pidana indonesia: ultimum remedium atau primum remedium”, jurnal hukum pidana dan penanggulangan kejahatan 2, no. 1 (2013): 3944. https://doi.org/10.20961/recidive.v2i1.32002 https://doi.org/10.20961/recidive.v2i1.32002 r. e. rizkiana & m. gerry 48 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) used as a reference in dealing with the covid19 pandemic. the law has provided room for criminal law as contained in chapter xiii article 90 to article 94 of the law a quo. however, the researcher focuses on sanctions aimed at adressat or legal subjects of people as natuurlijke persoon in general which regulated in article 93. therefore, researchers want to answer these problems through this research with the formulation of the problem: "how is the legality of health quarantine law? how is the enforcement of criminal sanctions of health quarantine law trespasser in indonesia?” b. method this research method used a library research which collected various data and information with the help of various materials in the library. the literature study was carried out by tracing the concepts, regulations, and implementations consisting of: (1) primary legal materials in indonesian laws and regulations which include indonesia constitution (uud 1945), law number 6 of 2018 on health quarantine, regulation of the minister of law and human rights number 27 of 202 1 on restrictions of foreigners entering indonesian territory during the enforcement period of restrictions on emergency community activities, and the criminal code; (2) secondary material contained in the form of books, academic journals, news, opinions, cases, and official reports; and (3) tertiary material in the form of dictionaries and encyclopedias. the material explored, discussed, and linked to the issues contained in this study. this research was a normative juridical which oriented towards normative legal phenomena, sourced mostly from library data collection. based on the consideration of the problems studied, the analysis of this research used a conceptual approach and a statute approach. the use of a conceptual approach will bring up interesting objects from the point of view of practical knowledge, so the research can be determined precisely. this becomes one of the elements processes to come up with the right new ideas through identification of the principles, views, and doctrines that are already available. in addition, the statute approach used in the analysis of this research to understand the comprehensively analyze the hierarchy and principles in statutory regulations. thus, this research was conducted by examining all laws and regulations that are related to the legal issue being studied.6 6 peter mahmud marzuki, penelitian hukum (jakarta, kencana prenada media group, 2010). enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 49 c. result and discussion 1. analysis of quarantine violations health cases in indonesia indonesia is a country which implements civil law legal system. this can be seen from one of the indonesia’s legal system characteristics with the main characteristics of civil law legal system, namely transforming various rules into written form (statutory regulations). as a result, statutory regulations (written regulations) become the main reference to regulate social life, while unwritten laws and regulations which made by non-governmental entitiies don’t have any legal binding forces.7 furthermore, the implementation of this concept is explicitly stated in article 1 paragraph (3) of the 1945 constitution of the republic of indonesia, “indonesia is a state of law”. the implementation of civil law legal system has several consequences. according to f. j. stahl, one principle that a legal state must have been a law based-government (wetmatigheid van bestuur).8 this means that a regulation must be set up first before the government can do their activities. in this case, laws and regulations become the basis of government’s actions legality and legitimacy, and also provide guarantees for citizens’ basic rights and legal standing (het legaliteits beginsel beoogt de rechtspositie van de burger jegens de overheid te waarborgen).9 this also means that any government actions which are carried out without any legal basis cannot influence nor change its citizens’ legal position. this concept also applies in the health sector which can be seen from the stipulation of law number 6 of 2018 on health quarantine by the indonesian government as legitimacy to implement various related policies. one of these policies is the health quarantine which conducted on every indonesia’s entrance as a preventive measure against covid-19 virus’ transmission. however, stipulating a regulation doesn’t guarantee that people's behavior will change according to what being stipulated. the gap between 7 zaka firma aditya and rizkisyabana yulistyaputri, “romantisme sistem hukum di indonesia: kajian atas konstribusi hukum adat dan hukum islam terhadap pembangunan hukum di indonesia (the romantcism of legal systems in indonesia: the study of the constributon of islamic law and islamic law for legal development in indonesia)”, jurnal rechtsvinding: media pembinaan hukum nasional 8, no. 1 (april 2019): 37-54. http://dx.doi.org/10.33331/rechtsvinding.v8i1.305 8 azhary azhary, negara hukum indonesia: analisis yuridis normatif tentang unsurunsurnya. (jakarta, ui-press, 1995). see also friedrich julius stahl, the recovery of historical law: volume 1b of the philosophy of law: the history of legal philosophy. (wordbridge publishing, 2021). 9 sadhu bagas suratno, “pembentukan peraturan kebijakan berdasarkan asas-asas umum pemerintahan yang baik”, lentera hukum 4, no. 3 (2017): 164-174. https://doi.org/10.19184/ejlh.v4i3.5499 http://dx.doi.org/10.33331/rechtsvinding.v8i1.305 r. e. rizkiana & m. gerry 50 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) law in the books and law in action which is the focus study of sociological jurisprudence proves that the phenomenon of legal subjects’ disobedience to regulations is a certain thing. every regulation that currently prevail can’t be fully obeyed by all layers of society. this occurs because every individual in every society has their own interests, and it is possible that these interests are not in the same page with the existing regulations.10 this “non-compliance” thing to regulations also occurs in indonesia’s health quarantine sector as analyzed below. a. indispliner of carrying out health quarantine case in 2021, there was a health quarantine case that attracted a lot of public attention. the case happened to an artist with the initials rv for allegedly not carrying out quarantine obligations after traveling abroad. the action classified as an offense because it has violated a criminal law provision in law no. 6 of 2018 on quarantine law. the principle of legality is a guideline in criminal law that an act can only be punished if there have been regulations governing actions classified as criminal acts. the policy of health quarantine obligations violated by rv was set on august 11, 2021 through the circular of the task force for handling covid-19 no. 18 of 2021. meanwhile, rv known to have committed her actions (returning to indonesia after visiting the new york fashion week) on september 16, 2021.11 thus, the principle of legality in the rv case has been fulfilled, and she can be charge with criminal sanctions applicable. it was deemed to have fulfilled the elements of criminal responsibility which consisted of: 1) subjective elements (mens rea), in the form of: a) the subject’s ability to take responsibility rv as the defendant has a healthy physical and mental condition because she has no history of mental disorders. she qualified as a legal subject who held criminally responsible. b) an element of error rv bribed the op in the amount of 40 million rupiah, so she assisted to avoid quarantine. this is strong evidence to state that rv willed and aware of her actions and consequences, so rv have intentionally (dolus) to commit the crime she had. 10 nandang alamsyah deliarnoor, pengantar ilmu hukum pengantar tata hukum indonesia (tangerang selatan, universitas terbuka, 2010). 11 dian rosadi, “depan boy william, rachel vennya cerita kronologi pulang dari as dan pesta di bali”, merdeka online (october, 2021). retrieved from https://www.merdeka.com/artis/depan-boy-william-rachel-vennya-cerita-kronologipulang-dari-as-dan-pesta-di-bali.html enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 51 c) devoid of forgiveness reason the results of the information provided by rv do not indicate a reason for eliminating the element of rv’s guilt actions. the criminal code has regulated several for excuses are: inability to take responsibility (article 44 of criminal code), forced power/ overmacht (article 48 of criminal code), forced defense that exceeds the limit (article 49 paragraph (2) of criminal code), carry out office orders without authority (article 51 paragraph (2) of criminal code). furthermore, rv’s history of physical and mental health never experienced a disorder negates the element of forgiving excuses. 2) the objective elements (actus reus): a) legal actions and visible legal consequences (causality), rv didn’t carry out the obligation after traveling abroad. rv has committed an act which contrary to her legal obligations. furthermore, rv's actions interpreted as legal actions that cause legal consequences of the enforcement of article 93 of the quarantine law. this article applies to those who violate the provisions for implementing health quarantine, in casu the mandatory 8x24 hour quarantine policy. b) nature against the law (wederrechtlijkeheid) rv’s action included as formal unlawful acts. this act is contrary to article 9 paragraph (1) of law no. 6 of 2018 jo. circular of the task force for handling covid-19 no. 18 of 2021 which required every individual to undergo a health quarantine for 8x24 hours if they wanted to enter indonesia after traveling abroad. c) no justification criminal code recognizes 4 reasons that remove the element of guilt from an offense committed by the defendant: acts committed in an emergency (article 48 kuhp); defending forced/noodweer (article 49 paragraph (1) of criminal code); implementing laws and regulations (article 50 of criminal code); executing a valid position order (article 51 of criminal code). during the proceedings, rv didn’t provide any information that committed her actions under conditions which the criminal code considers as justification. thus, there is no reason that can justify rv's actions. the analysis shows that rv has complied with the principle of legality and the principle of criminal responsibility, so she can be subject to criminal sanctions with the provisions of article 93 quarantine law with maximum imprisonment of 1 year and/or a maximum fine of 100 million rupiah. r. e. rizkiana & m. gerry 52 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) b. covid-19 quarantine mafia cases a similar case (violation of health quarantine) also occurred in the same year. an indonesian citizen (wni) with the initials jd does not carry out quarantine obligations after traveling abroad. the focus of attention was the involvement of 3 other suspects with the initials s, rw, and gc who helped jd to commit a crime. this phenomenon categorized as a covid-19 quarantine mafia as a secret society that is engaged in crime (criminal). the three suspects basically charged with the same article, article 93 jo. article 9 paragraph (1) of quarantine law, article 14 paragraph (1) of law number 4 of 1984, and article 378 of criminal code. however, the information obtained by police investigators shows that the three suspects have a different role when carrying out their actions. as a result, the suspect gc who has an essential role charged with more articles than suspects s and rw, article 263 paragraph (1) of criminal code for making fake documents state that jd has been referred to inn carry out quarantine. the actions entered the realm of criminal law because they have fulfilled the legality principle as described above. more analysis needed on the elements of criminal principlal responsibility for each suspect. the goal is to find out whether each suspect really deserves to get criminal sanctions. here are the elements: 1) subjective elements (mens rea) s, rw, and gc have no history of mental disorders, they have a healthy physical and mental condition. they qualified as a legal subject who held criminally responsible for the criminal. the fulfillment of intentional error elements (dolus) shows from the information provided by the head of public relations polda metro jaya that the three suspects deliberately escaped jd from the obligation to carry out health quarantine in exchange for 6.5 million rupiah.12 this is strong evidence to state that the three suspects were willing and aware of their actions and their consequences. therefore, they qualified to intentionally (dolus) commit the crime. the devoid of forgiveness reason element can’t be found in this quarantine mafia case because the three suspects are able to take responsibility and carry out their actions based on their own will, or in order to earn income. they have released passengers from the mandatory. 2) the objective element (actus reus) 12 agung sandy lesmana and muhammad yasir, “kasus mafia karantina di bandara soetta, polisi tetapkan 4 orang tersangka”, suara online (april, 2021). retrieved from https://www.suara.com/news/2021/04/28/133825/kasus-mafia-karantina-di-bandarasoetta-polisi-tetapkan-4-orang-tersangka enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 53 the three suspects in this case carried out legal actions, avoiding jd from the obligation to participate in health quarantine. as a result, the implementation of health quarantine can’t run effectively in reducing the spread of covid-19 in indonesia. their actions can ultimately qualified as acts that hinder the implementation of health quarantine and prohibited by article 93 of quarantine law and article 14 paragraph (1) of law number 4 of 1984. furthermore, their actions resulted in a public health emergency and increasing the potential for the spread of covid-19 in indonesia. gc who made false documents (to pretend that jd had been referred to an inn in order to carry out a health quarantine) caused losses to the government. this loss shows by comparing the large amount of budget by the government to carry out health quarantine with the goal to be achieved, reducing the spread of covid-19 or removing the public emergency status. jd's escape from the mandatory health quarantine due to fake documents increased the potential for the spread of covid-19. jd maybe exposed to covid-19 without his knowledge, and accidentally came into contact with other people. this is inversely proportional to the purpose of budgeting funds from the apbn to implement health quarantine (health quarantine funds are included in the 2021 national economic recovery (pen) budget). this was unlawfully using false dignity (in casu claiming to be the dki jakarta tourism and creative economy agency) to get a profit of 6.5 million rupiah. in fact, gumilar ekalaya as acting (plt) head of the dki jakarta tourism and creative economy agency (disparekraf) said that the suspects had no affiliation with jakarta disparekraf.13 their actions also resulted in jd handing over 6.5 million rupiah, so it can be said that the suspects had committed a criminal act of fraud which is punishable by criminal sanctions under article 378 of criminal code. the three suspects obstructed the implementation of health quarantine which should applied to every party who would enter the territory of indonesia. meanwhile, the action categorized as violating the provisions article 9 of quarantine law and article 14 paragraph (1) of law number 4 of 1984. the action is against the formal law. the actions of the three suspects were not carried out in the context of: an emergency as regulated in article 48; forced/ noodweer defense as 13 rosiana haryanti, “2 mafia karantina di bandara gunakan pas dinas pariwisata dki, disparekraf: bukan pegawai kami”, kompas online (april, 2021). retrieved from https://megapolitan.kompas.com/read/2021/04/29/19000851/disparekraf-dki-pastikan-2mafia-karantina-bandara-bukan-pegawainya r. e. rizkiana & m. gerry 54 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) regulated in article 49 paragraph (1) of criminal code; implementing the laws and regulations as regulated in article 50 of criminal code; carry out a valid office order as regulated in article 51 of criminal code. however, their actions were done solely for profit. thus, there was no reason to justify their actions. the analysis shows that the three suspects fulfilled the principle of legality and the principle of criminal responsibility. they charged with criminal sanctions with the provisions article 93 of quarantine law, article 14 paragraph (1) of law number 4 of 1984, and article 378 of criminal code to account for their actions. meanwhile, gc may be subject to additional criminal sanctions through article 263 paragraph (1) of criminal code. 2. legal instruments the instrument of law/norm is an essential thing in every society because it regulates human behavior to the direction which desired.14 such regulation is necessary considering that humans have natural characteristics which mutually counter-productive, namely the need to socialize with others, as well as the tendency to destroy their own species (homo homini lupus). thus, the existence of norms allows humans to develop their social abilities optimally, so they could reach more developed level of civilization in the future. the development of human social interaction to international level creates a new problem, namely the social relations between two or more entities where each of them is subject to different regulations. this causes legal changes in society which encourages the need to adopt foreign laws into their own national legal system.15 in other words, interaction between nations encourages the absorption of international norms into the country’s national legal system. however, the binding forces of any international norms only apply if the concerned countriy ratifies it. this is because the effect of state ownership principle (jurisdiction) where each independent and sovereign state has no authority over other indpendent and sovereign countries.16 as a fundamental thing for humans, health sector cannot be separated from international discussions. this causes several international regulations in health sector which intended to improve human health quality were 14 sony maulana sikumbang, fitriani ahlan and m. yahdi salampessy, ilmu perundangundangan. (tangerang selatan, universitas terbuka, 2015). 15 winardi & sirajuddin, politik hukum (malang, setara press, 2019). 16 ahmad m. ramli, tasya safiranita ramli, and ferry gunawan, hukum telematika (tangerang selatan, universitas terbuka, 2020). enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 55 formed. the globalization era which affects indonesia means that indonesia’s becomes a place where various foreign legal system meets.17 in this case, indonesia has adopted international health law, which means that indonesia has international and national regulations in health sector as explained below. a. international scope one of the legal instruments applies international or binding on countries in the world is the international health regulation 2005 (ihr 2005). ihr 2005 basically aims to assist the international community in tackling diseases that threaten the health of the world's people, including the problem of tackling the covid-19 virus. the relief assistance provided by the 2005 ihr has the form of normative provisions. these provisions show as an effort to reduce the level of disease spread across countries through the provisions of article 2 of ihr 2005 which allows each member state to limit the right of each individual to move (right to move). this was determined the spread of the virus through the movement of infected objects. however, the last phrase of a quo provision implies that restrictions on the right to move and restrictions on cross-border trade activities should not be use as far as possible. this is a form of mitigation for the country concerned so as not to be complacent and the issue policies that violate human rights under the pretext of preventing the spread of disease across countries. furthermore, the prohibition is a "reminder" for a country that trading activities are essential to the life of a country. the existence of a prohibition against the imposition of restrictions on the right to move acts as a warnin or is not absolute. article 43 ihr 2005 opens the opportunity for who member countries to limit cross-country movement through additional measures which casuistic in nature. this means that member countries still allowed to restrict the movement of any individual who enters their country as long as the reasons used are in accordance with the parameters set out in article 43. the parameters set by article 43 are: 1) the availability of scientific evidence that the policy can reduce the spread of disease across countries; 2) availability of scientific evidence relevant to efforts to reduce the spread of disease issued by who or other relevant international organizations; 3) availability of specific guidelines and advice issued by who. 17 winardi & sirajuddin. r. e. rizkiana & m. gerry 56 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) b. national scope until now there are 194 who member countries which bound with the rules of ihr 2005 by mutatis mutandis, so it is mandatory for obey it. indonesia is one of the member countries that ratified the 2005 ihr. law number 6 of 2018 on health quarantine is one of the national legal instruments as a follow-up effort to the ratification of ihr 2005. indonesia also interpreted the pandemic as a health emergency which was stipulated through a decree president (keppres) no. 11 of 2020 on the determination of the corona virus disease 2019 public health emergency on march 31, 2020. however, the legal instruments in health sector are not only limited to these two national regulations. the stipulation of indonesia legal state regulated in article 1 paragraph (3) of the indonesia constitution (uud 1945) indicated indonesia considers law as an instrument of licensing when it wants to do a thing or activity. meanwhile, it occured in daily life certainly countless. thus, it is possible that various kinds of legal instruments need only to regulate one field of state activity. the constitution contains norms of a general nature which can then be interpreted in various legal policies under it.18 furthermore, hans kelsen in his book entitled general theory of law and state (1973) explains the hierarchical structure of legal norms in a country. according to it, legal norms were tiered and layered in a hierarchy, so that every norm of a lower position applies, originates, and based on norms of a higher position. this principle continues to apply until it reaches a norm that can no longer be traced further which hypothetical and fictitious, it called the basic norm (grundnorm).19 1) indonesia constitution (uud 1945) after amendment it contained a number of articles related to health, article 28a on the right to life; article 28e paragraph (1) on the right to choose a place of residence (also relates to the freedom to move places, both at home and abroad); article 28h paragraph (1) on the right to live, to have a good place, to live and a good environment, and to obtain health services. 2) law number 6 of 2018 on health quarantine the section on letter c of law no. 6 of 2018 stated a quo law was formed as a follow-up to the ratification of international regulations in health sector (ihr 2005), as well as indonesia's commitment to prevent and at the same time abolish the health emergency status. this 18 aziz syamsudin tarmizi, proses & teknik penyusunan undang-undang (jakarta, sinar grafika, 2013). 19 hans kelsen, general theory of law and state (london, routledged, 2005). enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 57 commitment takes the form of a normative provision that outlines the restrictions on social activities. furthermore, the a quo law provides a different definition related to the issue of regional quarantine and large-scale social restrictions (psbb) which were discussed at the beginning of 2020. regional quarantine (article 1 point 10) defined as population restrictions in a certain area. the area including the entrance area and its contents suspected of being infected with a disease or contaminated in such a way as to prevent the possibility of spreading the disease. meanwhile, large-scale social restrictions (article 1 point 11) defined as a limitation of certain activities of residents in an area suspected infected with a disease as to prevent the possibility of spreading the contamination. regional quarantine aims to close access in and exit from an area which massive infected with the virus to the outside world. meanwhile, psbb only limits the intensity of community activities in areas suspected of being infected with the virus, while access to the outside world is still allowed. 3) regulation of the minister of law and human rights number 27 of 202 1 on restrictions of foreigners entering indonesian territory during the enforcement period of restrictions on emergency community activities article 2 paragraph (1) and paragraph (2) permenkumham number 27 of 2021 confirms that the substance of the regulation. this form of a temporary ban on any foreigner who wants to enter or transit in indonesian territory during the period of the emergency community activity restrictions (ppkm). the limitation doesn’t apply absolutely because there are several exceptions as stipulated in article 2 paragraph (3): a) foreigners holding diplomatic visa and service visa; b) foreigners holding diplomatic residence permits and official residence permits; c) foreigners holding limited stay permits and permanent stay permits ; d) foreigners for health and humanitarian purposes ; e) the crew of the conveyance that comes with the conveyance. although there are concessions for foreigners who want to enter indonesian territory, foreigners can only obtain this concession only if they have complied with the health protocol in accordance with the provisions of the legislation (article 2 paragraph (4)), and have received a recommendation from the ministry or institution that carries out the covid-19 handling function (article 2 paragraph (5)). 4) circular of the task force for handling covid-19 number 8 of 2021 on international travel health protocols during the corona virus disease 2019 pandemic r. e. rizkiana & m. gerry 58 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) this regulation is a health protocol that applied to parties who have international traveled in indonesia in the midst of the covid-19 pandemic. through this regulation, indonesian citizens from abroad are only allowed to enter indonesia if they are willing to follow the health protocol as stipulated. this regulation still imposes a ban on foreigners who wish to enter the territory of indonesia either directly or in transit. this provision doesn’t apply absolutely because it must take into account several related matters: a) adjusted to the provisions in permenkumham number 27 of 2021 on restrictions on foreigners entering the territory of indonesia during the enforcement period of restrictions on emergency community activities; b) adapted to the scheme of bilateral travel corridor arrangement (tca) agreements; c) obtain special consideration orpermission in writing from the ministry or institution. various legal instruments in indonesia were born before and during the covid-19 outbreak must be seen as a unified effort by the government in fulfilling human rights to obtain health services. it is undeniable that these regulations will not be effective in suppressing the spread of the virus if they are not followed by strict law enforcement, as well as public legal awareness to comply with every regulation that has been established . 3. legality of criminal provisions for health quarantine act trespasser the application and enforcement of the law are elements of the legal system that need to be addressed continuously to realize laws which beneficial to the interests of the community, nation, and the state in the rule of law.20 discussions on law enforcement (especially criminal law) cannott be separated from the application of the legality principle, nulla poena sine lege and nulla poena sine crimine. these two principles defined sequentially, it will result in an understanding that there is no a criminal process without being preceded by the provisions of the law that regulates it, and there is no criminal process without being preceded by a criminal act. these principles indirectly guarantee each individual to not to be convicted without the existence of a written criminal regulation. it can also 20 faisal santiago, “penegakan hukum tindak pidana korupsi oleh penegak hukum untuk terciptanya ketertiban hukum”, pagaruyuang law journal 1, no. 1 (july, 2017): 23-43 https://doi.org/10.31869/plj.v1i1.268 https://doi.org/10.31869/plj.v1i1.268 enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 59 be interpreted that these principles protect individuals against arbitrary treatment by the judiciary as state’s instrument.21 this issue is important to be discussed considering the amount of information regarding the arbitrariness of law enforcement officials in carrying out their duties lately. in fact, lord acton stated that power tends to corrupt, and absolute power corrupts absolutely.22 the deep understanding of the elements of action criminal as regulated in laws and regulations become important because it relates to the accuracy of the imposition of sanctions criminal. a. article 9 paragraph (1) juncto article 93 health quarantine regulations regulated by law number 6 of 2018 as a research topic which implemented the principle of legality. article 9 of the a quo law as a material provision requires each party to participate in organizing health quarantine. meanwhile, article 93 as a criminal provision containing criminal threats against parties who do not comply with the provisions of article 9. through these provisions, article 93 of the quarantine law can normatively be viewed as a regulation that has binding power. the practice of article 93 of the a quo law also influenced by the existence of presidential decree number 11 of 2020 on the determination of public health emergency. the presidential decree is a mandate from article 10 paragraph (1) and paragraph (2) of quarantine law which the basis of authority for the central government to determine and revoke the status of a public health emergency, as well as determine the entrance or areas which affected by a health emergency. the establishment and revocation of the public health emergency status must be preceded by determination of the type of disease that strikes, as well as the risks arising from the presence of the disease.23 b. article 10 paragraph (1) to paragraph (3) determining the status of a public health emergency is the foundation for establish various policies related to the prevention of the disease outbreak. article 4 of quarantine law stipulates that, “the central government and regional governments are responsible for protecting public health from diseases or public health risk factors that have the potential to cause public health emergency through the implementation of health quarantine.” this 21 edward omar sjarief hiariej, hukum pidana (tangerang selatan, universitas terbuka, 2014). 22 ermansjah djaja, memberantas korupsi bersama kpk (jakarta, sinar grafika, 2010). 23 see article 10 paragraphs (1) and (2) of the quarantine act health. r. e. rizkiana & m. gerry 60 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) provision shows that the implementation of health quarantine (as a form of controlling disease outbreaks to protect public health) only carried out if a disease causes a public health emergency existence. if we look closely, the central government must determine the status of a public health emergency. this is accordance with the provisions of article 10 paragraph (3) of quarantine law. this concept implies that the control of an epidemic must coordinated with and approved by the central government. the complexity of such a procedure is certainly not without reason. the aim is to maintain a unified view and method that will be taken by the central government and the regions in tackling an outbreak. local governments (through this procedure) asked not to act rashly in tackling an epidemic through the establishment of regional policies. this is because hastily adopted policies (without coordination with the central government) have the potential to make pre-existing precarious conditions even more complicated. furthermore, unity of view also needed in order to strengthen regional preparedness in dealing with and suppressing the potential for covid-19 transmission, so the increase in infected cases can be minimized.24 therefore, the provisions of article 10 paragraphs (1) to (3) regulate the central government to determine and revoke the status of public health emergencies. c. article 11 paragraph (1) the establishment of a public health emergency status normatively allows the government to implement a health quarantine policy as regulated in article 11 paragraph (1) of quarantine law. health quarantine in public health emergencies carried out by the central government quickly and accurately based on the magnitude of the threat, effectiveness, resource support, and operational techniques taking into account state sovereignty, security, social economy and culture. the establishment of a health quarantine policy shows that the central and local governments have sought to protect the public from exposure to disease or public health risk factors that potential to cause public health emergencies as mandated by article 4 of the a quo law. 24 novrizaldi, “pemerintah perkuat koordinasi dengan pemda dalam penanganan covid19” kemenko pmk (march, 2010). retrieved from https://www.kemenkopmk.go.id/pemerintah-perkuat-koordinasi-dengan-pemda-dalampenanganan-covid-19 enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 61 furthermore, the provision also emphasizes that the process of implementing health quarantine in the field must be carried out quickly and accurately. such arrangements are largely based on consideration of the availability of funding costs to carry out the quarantine of the area itself. as is known, the budgeted cost to deal with covid-19 and the 2021 national economic recovery (pen) (including implementing a regional quarantine) is rp.744.77 trillion.(anggaran pen 2021 tidak terealisasi 100 persen, ini penjelasan sri mulyani ekonomi bisnis.com, n.d.) this fantastic amount will be very useful for advancing the country's development and improving social welfare if the covid-19 pandemic doesn’t occur. the basic considerations mandated by the a quo article also serve as a reminder for the government not to take excessive actions in implementing health quarantine. this needs to be regulate on the government's authority (to take actions that harm its citizens under the pretext of saving the nation) has the potential to be misused. the government obliged to continue to act, preceded by careful considerations relating to the implementation of health quarantine, so as not to give rise to the term digging a hole and closing a hole. d. article 15 paragraph (1) and paragraph (2) article 5 of quarantine law stipulates the central government is responsible for implementing health quarantine at the entrance and in the region in an integrated manner. the central government allowed to involve local governments in implementing the health quarantine.25 the issue of health quarantine at the entrance and in the area regulated through article 15 paragraph (1) of a quo law, "health quarantine at the entrance and in the area is carried out through monitoring activities for disease and public health risk factors for transportation means, people, goods and/or the environment, as well as responses to public health emergencies in the form of health quarantine measures.” in paragraph (2) of the article it is stated that: the health quarantine measures as referred in paragraph (1) are in the form of: quarantine, isolation, vaccination or prophylaxis, referral, disinfection and or decontamination of people as indicated; large scale social restrictions; disinfection, decontamination, disinsection, or deratization of transportation means and goods; health, safety and control of environmental media. 25 see article 4 and article 5 of the quarantine act health. r. e. rizkiana & m. gerry 62 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) by large-scale social restrictions, the government issued government regulation number 21 of 2020 on large-scale social restrictions in the context of accelerating handling of corona virus disease 2019 (psbb). article 1 a quo stipulates that, "in this government regulation, what is meant by large-scale social restrictions are restrictions on certain activities of residents in an area suspected of being infected with corona virus disease 2019 in such a way as to prevent the possible spread of covid-19." this accordance with article 59 paragraph (1) and paragraph (2) of quarantine law which states that large-scale social restrictions are part of the public health emergency response.26 based on the explanation above, the policies related to the implementation of health quarantine actually originate from a number of separate provisions. article 10 paragraph (1) to paragraph (3) of quarantine law gives the government the authority to determine public health emergency situations. this stipulated through presidential decree (keppres) number 11 of 2020 which states that the status of a public health emergency applies throughout indonesia. the presidential decree became a signal for the government to implement a health quarantine at the entrance to indonesian territory as stipulated in article 5 paragraph (1) jo. article 15 paragraph (1) and paragraph (2) of the quarantine law. health quarantine in public health emergency situations must be carry out with the guidelines regulated through the provisions of article 11 paragraph (1) of quarantine law, quickly and accurately based on the magnitude of the threat, effectiveness, resource support, and operational techniques taking into account state sovereignty, security, economy, social and culture. the arrangements can’t be separated from the provisions of article 4 of the quarantine law. the government imposed a health quarantine policy at the entrance and in the area as regulated through the provisions of article 15 paragraph (1) and paragraph (2) and issued government regulation number 21 of 2020. these various provisions need to support by a positive response from the community in order to be effective. the positive response is none other than the community's compliance with the provisions of the implementation of health quarantine which is the key in tackling the health problems. therefore, the makers of the quarantine law include article 9 paragraph (1) which contains an order for each party to comply with the implementation of health quarantine. the order equipped with criminal threats for those who violate it as stated in article 93. the legality of punishment for quarantine 26 see article 59 paragraphs (1) and (2) of the quarantine act health. enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 63 law trespasser actually lies in article 93 of a quo law which contains criminal threats to parties within indonesian jurisdiction to comply with the implementation of health quarantine, psbb, and various other policies related to with health quarantine. the provisions of article 93 have limitations which can be see through the phrase “implementing health quarantine”. the implementation of health quarantine determined by the central government and local governments with the mandate of article 4. meanwhile, each regional government only has the authority to regulate the area within the scope of its administration, including stipulating various regulations that only binding on each party in the area of the local government concerned. this also applies to any nationalscale regulations set by the central government. as a result, the implementation of health quarantine policies set by the central government can only be enforce, or only have binding power to every legal subject within the jurisdiction republic of indonesia. if interpreted a contrario, this article cannot be applied to legal subjects who do not enter or are in the territory of indonesia. this is in line with the territorial principle in criminal law which istated in article 2 of criminal code, “criminal provisions in indonesian legislation applied to everyone who commits a criminal act in indonesia.” through these provisions, it becomes clear that the national criminal law (in casu the quarantine law) basically only binds every legal subject within the jurisdiction of republic of indonesia. 4. construction of article 93 of quarantine law as a criminal provision for trespasser norm is a proposition (normative) which composed with a series of concepts.27 these concepts contain the ideal conditions in a society's life that the norm makers want to realize. this is in line with jimly asshiddiqie's opinion that norms are the institutionalization of good and bad values contained in human’s social life.28 this means that the elaboration of criminal norm’s construction is an important thing to be analyzed because of its relation with the norm‘s implementation accuracy in real life. the inaccuracy of imposing criminal provision on a legal event is a fatal error because it is corresponded to the freedom or independence right that every individual has. 27 philipus m hadjon and tatiek sri djatmiati, argumentasi hukum (yogyakarta, gadjah mada university press, 2005). 28 jimly asshiddiqie, perihal undang-undang (jakarta, raja grafindo persada, 2010). r. e. rizkiana & m. gerry 64 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) a. material offenses and consequences based on lamintang’s opinion, a material offense is an offense that considered to complete with the prohibited consequences and threatened with punishment of law.29 meanwhile, adami chazawi explained that the main prohibition of criminal acts in the formulation of material is the occurrence of certain prohibited consequences (constitutive consequences). based on these two opinions, the emphasis of a material offense formulation lies in the consequences of an act, while the form of the act committed not a problem. the completion of a criminal act doesn’t depend on the completion of the form of the act but depends on the form of the prohibited act result has arisen or not.30 material offense can’t be separated from the level of danger that arise from the offense. the legislators have imagined and thought the criminal act could pose a direct danger, formulating it into a material offense.31 the formulation of the offense materially gives an important meaning, in order to achieve legal certainty, while at the same time realizing the principle of lex certa: “there is no criminal act without clear rules.” thus, a consequence arises that a formulation of a criminal act must be clear or not have multiple interpretations that can jeopardize legal certainty.32 article 93 classified as a material offense provision. the phrase “causing a public health emergency” is a consequence that has the potential to happen if the implementation of health quarantine is not complied with or hindered. the consequences stated in expressive verbis happen when they want to impose criminal sanctions in accordance with what stipulated in article 93. the formulation of the offense in the article is correct and constitutes the formulation of a material offense. furthermore, the formulation of the offense will formally hinder the achievement of legal certainty. this is because there is no solid reference that can be used to state that the implementation of health quarantine was indeed necessary. the formulation of the offense in a formal manner can lead to arbitrariness because one of the conditions that must be met to be able to carry out health quarantine, the implementation aims to prevent public health emergencies happen (see article 3 of a quo law). the formulation of the offense as a material offense forced the public prosecutor to prove the elements of the consequences that were being prevented as public health emergency situations. if the public prosecutor 29 p.a.f lamintang, dasar dasar hukum pidana indonesia (bandung, citra adiyta bakti, 2011). 30 adami chazawi, stelsel pidana, tindak pidana, teori-teori pemidanaan & batas berlakunya hukum pidana (jakarta, raja grafindo persada, 2010). 31 edward omar sjarief hiariej, 2016. 32 adami chazami, p. 79. enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 65 can’t prove the elements charge, then of course the defendant should be acquitte with the principle of actori incumbit onus probandi, actore non probante, reus absolvitur.33 b. combination offenses (delict commissionis and delict omissionem) and consequences an opinion emerged said the formulation of article 93 was a combination between commission offense and an omission offense. delict commissioner or offense commission is an offense form of a violation of the prohibition.34 meanwhile, delict omissionis or delik omission is an offense form of a violation of an order.35 offense omission based on adage “qui potest et debit vetara, tacens jubet” which means somebody which silence, or not prevent, or do not do something what it should be done, it's the same with him who ordered.36 clause “not complying with the implementation of health quarantine” in the provisions of article 93 shows it contains a prohibition, so the parties do not comply with the implementation of the health quarantine. so, the clause the provisions of article 93 classified as an omission offense. however, the clause “obstructing the implementation of health quarantine” shows that this provision classified as a commission offense. the clause instructs the parties to be cooperative in responding to the health quarantine policy. the formulation of article 93 as a whole consists of the type of delict omissionis combined with delict commissionis. the formulation of offense in article 93 is a formulation of offense that rarely used. eddy o.s. hiariej explained that when it linked, the commission offense can be the form of either offense formal nor offense material, while the offense omission always formulated by formal because it focuses on action. this becomes a problem if it related with formula article 93 which omission offense formulated by material. this relates to the issue of determining criminal liability or theory causality (de leer van de causaliteit) which is the soul of criminal law. hiariej and schepper as quoted by moeljatno argues that no do something negative can’t be the cause of an effect. the arguments of the statement: first, there can’t be a causal relationship that has been concluded in nature behavior alone because in behavior which negative (nalaten), there is no action, so it is impossible for a result to arise. second, nalaten is a 33 adami chazami, pp. 248-249. 34 ismu gunadi and jonaedi efendi, cepat & mudah memahami hukum pidana (jakarta, kencana, 2014). 35 adami chazami, pp. 248-249. 36 edward omar sjarief hiariej, prinsip-prinsip hukum pidana, 2016, p. 137. r. e. rizkiana & m. gerry 66 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) juridical understanding not based on experience with the five senses.37 similarly, simons stated firmly that, of course the occurrence of an effect which is a offense is caused by a behavior or state which is not a negative state. if what is considered to be a causal relationship is only caused by causality, then of course a causal relationship with something behavior negative hard to accept. therefore, it is not possible to do negative or latent actions (not complying with the implementation of health quarantine) is the cause of the occurrence of an effect of an emergency public health. 5. a study of criminal procedure code application in cases of the health quarantine law trespasser related to legal certainty elements justice given in a case means to decide a law in concreto. this is an attempt to ensure compliance with material law using the procedural methods established by formal law.38 on this basis, concrete law enforcement can be interprete as the application of positive law in practice that must be obeyed or shows a link between material criminal law and formal criminal law. moeljatno indicated that criminal law is a set of rules that regulates three elements, the rules regarding criminal acts, criminal liability, and the verbal process of law enforcement. through these arguments, it shows that the link between material criminal law and formal criminal law were exist. it because material criminal law will be meaningless without the enforcement of formal criminal law (criminal procedural law), as well otherwise.39 based on this, the rules relating to health quarantine act trespasser cases are article 93 jo. article 9 paragraph (1) of the quarantine law, as well as article 14 paragraph (1) of law number 4 of 1984 on outbreaks of infectious diseases. however, the low term of the criminal sanctions of the two articles which is less than 5 years in prison, causes suspects for violating these articles to not be detained. this based on article 21 paragraph (4) of criminal procedure code which states that essentially detention can only be apply to a suspect or defendant who commits a criminal act and attempts or provides assistance for a criminal act if : the crime is punishable by imprisonment of five years or more; criminal acts as referred to in article 282 paragraph (3), article 296, article 335 paragraph (1), article 351 paragraph 37 edward omar sjarief hiariej, prinsip-prinsip hukum pidana, 2016, p. 209. 38 dellyana shant, konsep penegakan hukum (jakarta, penerbit sinar grafika, 1998). 39 safaruddin harefa, “penegakan hukum terhadap tindak pidana di indonesia melaui hukum pidana positif dan hukum pidana islam”, university of bengkulu law journal 4, no. 1 (2019): 35–58. https://doi.org/10.33369/ubelaj.v4i1.7303 enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 67 (1), article 353 paragraph (1), article 372, article 378, article 379 a, article 453, article 454, article 455, article 459, article 480 and article 506 of criminal code, article 25 and article 26 of rechtenordonnantie (violation of the customs and excise ordinance, last amended by staatsblad of 1931 number 471), article 1, article 2 and article 4 of the immigration crime act (emergency law number 8 of 1955, state gazette of 1955 number 8), article 36 paragraph (7), article 41, article 42, article 43, article 47 and article 48 of law number 9 of 1976 on narcotics, state gazette of 1976 number 37, supplement to the state gazette number 3086). nevertheless, article 21 paragraph (1) of criminal procedure code allows for a detention to take place even though the period of the alleged criminal sanction is under 5 years, if (based on sufficient evidence): there are circumstances that give rise to fears the suspect will flee self; raise concerns the suspect will damage or destroy evidence; and raise concerns the suspect will repeat the crime criminal. based on the description above, a suspect will not be detained if the crime did not commit the fullfilment of provision in chapter 21 paragraph (4) of criminal procedure code, and not accompanied by conditions as formulated in article 21 paragraph (1) of the criminal procedure code. the detention requirements regulated by the criminal procedure code also affect the detention process for suspects charged with article 93. article a quo as a criminal provision aimed at legal subjects’ people (natuurlijke persoon) contains a maximum imprisonment of 1 year and/or a maximum fine of 100 million rupiah. as a result, suspects who are ensnare using this article normatively cannot be detained with the detention requirements as regulated in article 21 paragraph (4) of criminal procedure code. the implementation of these provisions regulated normatively. this can be seen from the treatment of the indonesian police in handling cases of indisipliner health quarantine obligations. the suspect in this case was not detained by the indonesian police because he was constrained by the maximum criminal threats threatened by article 93. the same problem also occurs in the case of the covid-19 quarantine mafia. the three suspects in this case were not detained by the indonesian police because the prison sentences were punishable by less than 5 years.40 meanwhile, the researchers believes that the detention process in the quarantine mafia case is still necessary because there is a possibility that the suspects will escape or lose evidence considering that the suspects have access 40 yogi ernes, “mafia karantina kesehatan di bandara soetta tak ditahan polisi”, detik news (april, 2021). retrieved from https://news.detik.com/berita/d-5548906/mafiakarantina-kesehatan-di-bandara-soetta-tak-ditahan-polisi r. e. rizkiana & m. gerry 68 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) cards to enter and exit soekarno-hatta airport. the perpetrators of the covid-19 quarantine mafia can be charged with article 263 paragraph (1) of criminal code related to falsification of letters containing a maximum penalty of 6 years in prison. therefore, the suspects should still be detained with the provisions of article 21 paragraph (4) of criminal procedure code. d. conclusion law no. 6 of 2018 regulated the legality of punishment for individual legal subjects (rechtelijke persoon) who violate the health quarantine obligations through the provisions of article 93. the existence of this article gives the state authority to impose criminal sanctions as well as to hold trespasser accountable for their actions. it also a stimulus for efforts to realize the principle of legal enforcement system in indonesia. however, this provision can only be applied if the trespasser has committed an act that meets the elements in article 9 paragraph (1) of quarantine law as a material provision. the application must be adjusted to the principle of ultimum remidium as a result of the criminal nature contained in it. the deconstruction of article 93 shows the formulation of the offense can be classified as a material offense or a combined offense (delict commissionis and delict omissionem). the consequences stated in expressive verbis in the provisions of article 93 are indicators that the formulation of the offense in a quo article is a material offense. the provisions of article 93 are indirectly able to prevent the occurrence of arbitrary prosecution. the provisions of article 93 have the potential to cause problems related to the theory of criminal responsibility, as well as the theory of causality (de leer van de causaliteit). e. acknowledgments this article has been presented at lex scientia law review student colloquium 2021 which held by faculty of law, universitas negeri semarang. thank you to the dean of the faculty of law, universitas negeri semarang and the parties involved in student colloquium program. thank you to the the deab of the faculty of law, social, and political science, universitas terbuka for the support. f. declaration of conflicting interests the author states that there is no potential conflict of interest in the research, authorship, and/or publication/publication of this article. enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 69 g. funding none. h. references aditya, zaka firma and rizkisyabana yulistyaputri, “romantisme sistem hukum di indonesia: kajian atas konstribusi hukum adat dan hukum islam terhadap pembangunan hukum di indonesia (the romantcism of legal systems in indonesia: the study of the constributon of islamic law and islamic law for legal development in indonesia)”, jurnal rechtsvinding: media pembinaan hukum nasional 8, no. 1 (april 2019): 37-54. http://dx.doi.org/10.33331/rechtsvinding.v8i1.305 asshiddiqie, jimly perihal undang-undang (jakarta, raja grafindo persada, 2010). azhary, azhary. 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(yogyakarta, cahaya atma pustaka, 2016). kelsen, hans. general theory of law and state (london, routledged, 2005). lamintang, p.a.f. dasar dasar hukum pidana indonesia (bandung, citra adiyta bakti, 2011). lesmana, agung sandy and muhammad yasir, “kasus mafia karantina di bandara soetta, polisi tetapkan 4 orang tersangka”, suara online (april, 2021). retrieved from https://www.suara.com/news/2021/04/28/133825/kasus-mafiakarantina-di-bandara-soetta-polisi-tetapkan-4-orang-tersangka marzuki, peter mahmud. penelitian hukum (jakarta, kencana prenada media group, 2010). novrizaldi, “pemerintah perkuat koordinasi dengan pemda dalam penanganan covid-19” kemenko pmk (march, 2010). retrieved from https://www.kemenkopmk.go.id/pemerintah-perkuat-koordinasidengan-pemda-dalam-penanganan-covid-19 rahmawati, nur ainiyah. “hukum pidana indonesia: ultimum remedium atau primum remedium”, jurnal hukum pidana dan penanggulangan kejahatan 2, no. 1 (2013): 39-44. https://doi.org/10.20961/recidive.v2i1.32002 ramli, ahmad m., tasya safiranita ramli, and ferry gunawan. hukum telematika (tangerang selatan, universitas terbuka, 2020). rizkiana, rina elsa. “transformation of law paradigm: representation of "salus populi suprema lex" in the implementation of virtual civil court”, proceedings the 3rd open society conference 2021, (july, 2021): 1-14. http://osc.fhisip.ut.ac.id/wpcontent/uploads/2021/09/prosiding-the-3rd-osc-agustus2021.pdf rosadi, dian. “depan boy william, rachel vennya cerita kronologi pulang dari as dan pesta di bali”, merdeka online (october, 2021). retrieved from https://www.merdeka.com/artis/depan-boy-williamrachel-vennya-cerita-kronologi-pulang-dari-as-dan-pesta-di-bali.html santiago, faisal. “penegakan hukum tindak pidana korupsi oleh penegak hukum untuk terciptanya ketertiban hukum”, pagaruyuang law journal 1, no. 1 (2017): 23-43. https://doi.org/10.31869/plj.v1i1.268 https://megapolitan.kompas.com/read/2021/04/29/19000851/disparekraf-dki-pastikan-2-mafia-karantina-bandara-bukan-pegawainya https://megapolitan.kompas.com/read/2021/04/29/19000851/disparekraf-dki-pastikan-2-mafia-karantina-bandara-bukan-pegawainya https://www.suara.com/news/2021/04/28/133825/kasus-mafia-karantina-di-bandara-soetta-polisi-tetapkan-4-orang-tersangka https://www.suara.com/news/2021/04/28/133825/kasus-mafia-karantina-di-bandara-soetta-polisi-tetapkan-4-orang-tersangka https://www.kemenkopmk.go.id/pemerintah-perkuat-koordinasi-dengan-pemda-dalam-penanganan-covid-19 https://www.kemenkopmk.go.id/pemerintah-perkuat-koordinasi-dengan-pemda-dalam-penanganan-covid-19 https://doi.org/10.20961/recidive.v2i1.32002 http://osc.fhisip.ut.ac.id/wp-content/uploads/2021/09/prosiding-the-3rd-osc-agustus-2021.pdf http://osc.fhisip.ut.ac.id/wp-content/uploads/2021/09/prosiding-the-3rd-osc-agustus-2021.pdf http://osc.fhisip.ut.ac.id/wp-content/uploads/2021/09/prosiding-the-3rd-osc-agustus-2021.pdf https://www.merdeka.com/artis/depan-boy-william-rachel-vennya-cerita-kronologi-pulang-dari-as-dan-pesta-di-bali.html https://www.merdeka.com/artis/depan-boy-william-rachel-vennya-cerita-kronologi-pulang-dari-as-dan-pesta-di-bali.html https://doi.org/10.31869/plj.v1i1.268 enforcement of criminal sanctions of health quarantine law trespasser indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 71 satuan tugas penanganan covid-19, “analisis data covid-19 indonesia (update per 30 januari 2022)”, online, 2022, accessed at https://covid19.go.id/artikel/2022/02/05/analisis-data-covid-19indonesia-update-30-januari-2022 shant, dellyana. konsep penegakan hukum (jakarta, penerbit sinar grafika, 1998). sikumbang, sony maulana, fitriani ahlan and m. yahdi salampessy, ilmu perundang-undangan. (tangerang selatan, universitas terbuka, 2015). stahl, friedrich julius. the recovery of historical law: volume 1b of the philosophy of law: the history of legal philosophy. (wordbridge publishing, 2021). suratno, sadhu bagas. “pembentukan peraturan kebijakan berdasarkan asas-asas umum pemerintahan yang baik”, lentera hukum 4, no. 3 (2017): 164-174. https://doi.org/10.19184/ejlh.v4i3.5499 tarmizi, aziz syamsudin. proses & teknik penyusunan undang-undang (jakarta, sinar grafika, 2013). who coronavirus (covid-19) dashboard, who coronavirus (covid-19) dashboard with vaccination data accessed at https://covid19.who.int/ winardi & sirajuddin. politik hukum (malang, setara press, 2019). https://covid19.go.id/artikel/2022/02/05/analisis-data-covid-19-indonesia-update-30-januari-2022 https://covid19.go.id/artikel/2022/02/05/analisis-data-covid-19-indonesia-update-30-januari-2022 https://doi.org/10.19184/ejlh.v4i3.5499 r. e. rizkiana & m. gerry 72 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) about author(s) rina elsa rizkiana is an undergraduate student at department of law, social science, and political science of universitas terbuka. some of her recent publications such as the future of online dispute resolution: building a framework for e-commerce dispute resolution in indonesia (lawpreneurship journal volume, 2021), transformation of law paradigm: representation of “salus populi suprema lex” in the implementation of virtual civil court (3rd open society conference proceeding, 2021) and potensi penerapan pidana mati bagi pelaku tindak pidana korupsi (book chapter tindak pidana hukuman mati universitas muhammadiyah surabaya, 2021). michael gerry is an undergraduate student at department of law, social science, and political science of universitas terbuka. some of his recent achievements such as a grantee of 2021 kaltim tuntas scholarship, a fullyfunded scholarship held by east kalimantan government, the second winner of taman hukum’s 2021 national essay competition, a law essay competition with the topic of hoax amongst covid-19 pandemic. criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 91 an evaluation of relevance of criminal intelligence management and implications for security and public safety in benue state, nigeria justine tever gberinyer1 , ikechukwu okoro2 , eric adishi3 1,2,3 department of intellegence and security studies, novena university, ogume, delta state, nigeria corresponding author: jtgberindyer@gmail.com abstract: this empirical study utilized the qualitative method and key informant interview (kii) technique to examine the relevance and implications of criminal intelligence management to the fight against crime and insecurity that threaten public safety in benue state, north central nigeria. the study focused only on five local government areas of the state where incidents of various kinds of crime, particularly cattle herders attacks, cattle rustling, armed robbery, banditry, kidnappings and farmers-herders conflicts do occur regularly. a sample size of 18 (n-18) was determined for the study. the interview participants were recruited using the referral approach that was based on the purposive sampling technique of selecting persons with enough stock of knowledge, experience, and expertise on the topic of this study. the participants were recruited from the nigeria police, dss, nigeria security and civil defence corps, and community vigilante groups in makurdi, the state capital located in makurdi l.g.a (benue north-west zone) and four other local government areas , namely, agatu (benue south zone), logo, kwande, and katsina-ala (benue north-east zone),where all manner of criminal activities, particularly armed robbery, banditry, kidnapping, herders attacks, farmersherdsmen clashes, and cattle rustling take place on regular basis. data analysis was done using thematic analysis approach. lincoln & guba’s 3-step model was applied with the aid of nvivo 11. the finding of the study was that the management of the collection/collation phase of information meant for intelligence production, including the various agents and tools used for that process (informants, surveillance, technologies (ict), community policing, and interrogation) predisposes criminal intelligence management to be very relevant to the fight against crime. the finding of the study also showed that how the intelligence analysis phase of the intelligence production process, parti issn: 2686-2085 (print) issn: 2686-2611(online) vol. 4 no. 1 (2022): 91-122 doi: 10.15294/ijals.v4i1.5642 submitted: 10 february 2022 revised: 11 march 2022 accepted: 15 april 2022 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. https://orcid.org/0000-0003-1840-695x https://journal.unnes.ac.id/sju/index.php/ijals/article/view/56426 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ j. t. gberinyer, i. okoro, & e. adishi 92 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) cularly intelligence analysis is managed makes criminal intelligence management have much relevance and implications to the fight against crime and insecurity. again, the study also showed that the way the consumption phase of the intelligence process including utilization, feedback and reviews is managed accounts for the relevance and implication of criminal intelligence management to the fight against crime and insecurity that threaten public safety. keywords: intelligence; crime; security; law enforcement; public safety a. introduction recent investigations reveal that since 1999 nigeria returned to democratic rule till date, the country has come under the severe burden of so many different types of security threats, with six of them being deadliest extremist jihadist insurgency (typified by the boko haram terrorist conflicts), farmers-herdsmen clashes, armed banditry and kidnapping, separatist or secessionist insurgency (typified by biafran agitators, oil-bunkering militancy, and cattle rustling.1 this is outside the burden of such routine common criminal acts like rape burglary, theft, assault, armed robbery, and fraud among other acts of petty criminal victimization that take place on daily basis in various nooks and cranny across the country. the consequences of the foregoing, include death, and injury to several thousands of innocent 1 tanko, a. (2021), nigeria’s security crises – five different threats. bbc news research (14) june; adzande, p. (2021), crime and built environment: a look at makurdi, nigeria. social science research council, brooklyn, usa, https.//www.items.ssrc.org; international crisis group (icg) (2018), stopping nigeria’s spirally farmers-herders violence, icg report 5 july 28; hazen, j. m. & herner, j. (2007). small arms, armed violence and insecurity in nigeria. the niger delta in perspective. switzerland small arms survey, 3 (14). 189-211; eme, o. i. & a. onyish, (2011), the challenge of insecurity in nigeria. a thematic exposition. interdisciplinary journal of contemporary research in business, 3 (8), 172-184; rotberg, r. (2007). nigeria: elections and continuing challenges. in lyman princeton & patricia dorff (eds). beyond humanitarianism: what you need to know about africa and why it matters. how york: brooklyn. how to cite: gberinyer, justine tever, ikechukwu okoro, and eric adishi. “an evaluation of relevance of criminal intelligence management and implications for security and public safety in benue state, nigeria”. indonesian journal of advocacy and legal services 4, no. 1 (2022): 91-122. https://doi.org/10.15294/ijals.v4i1.56426. https://doi.org/10.15294/ijals.v4i1.56426 criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 93 nigerians, destruction of property valued into millions of naira, and displacement of millions of persons away from their home communities.2 investigations also reveal that one of the state’s worst affected by the foregoing deadly security threats in nigeria is benue state, located in the centre of the country in the north central region, and reputed to be one of food-baskets of the country. aside of those petty criminal victimizations, benue state has since been under the siege of three fearsome security threats; famers-herdsmen clashes, cattle rustling, armed banditry and kidnapping,3 with the herders attacks beings the deadliest of all. in the said clashes, an army of armed herders would attack an unsuspecting community, kill several thousands of the inhabitants, sack those who are lucky to have survived, and burn down their houses and property. for instance, in 2016 and 2018, such densely populated communities and ever busy markets like agatu, ugbo and aga markets, among several others were attacked, with over 500 persons killed in each of the attacks. as the clashes escalated between 2017 and 2018, the benue state government was compelled to enact the open-grazing prohibition law, 2017, and as part of its enforcement efforts created livestock guards.4 . the pastoralists, on the other hand, were alleged to have rejected the law on grounds of its being overbearing and draconian on their own side, and in response had continued to allow their cattle stray into peoples’ farmlands uncontrolled. this stalemate had continued to trigger larger-scale attacks by armed herders on the farming communities up till this day.5 these challenges indicate that the law enforcement agencies and other security personnel are yet to meet the expectations for quality service 2 tanko, a. (2021), nigeria’s security crises – five different threats. bbc news research (14) june; national emergency management agency (nema) (2018). displacements in north-east nigeria: new challenges, 2018 report, abuja: nema; undp (2019). migration, displacement and sustainable development in developing countries. new york: undp; international organization for migration (iom) (2020). migration tracking index. geneva:10m. 3 ejekwonyilo, a. (2021). special report: how killings in benue toll on nigeria’s food security. premium times newspaper, november 17; ojewale, o. (2021), what is driving violence in nigeria’s north central region, being doctorate degree dissertation submitted to the department of sociology & anthropology, obafemi awolowo university, ile ife, nigeria; international crisis group (icg) (2018), stopping nigeria’s spirally farmers-herders violence, icg report 5 july 28. 4 ejekwonyilo, a. (2021). special report: how killings in benue toll on nigeria’s food security. premium times newspaper, november 17. 5 ojewale, o. (2021), what is driving violence in nigeria’s north central region, being doctorate degree dissertation submitted to the department of sociology & anthropology, obafemi awolowo university, ile ife, nigeria; ejekwonyilo, a. (2021). special report: how killings in benue toll on nigeria’s food security. premium times newspaper, november 17; international crisis group (icg) (2018), stopping nigeria’s spirally farmers-herders violence, icg report 5 july 28. j. t. gberinyer, i. okoro, & e. adishi 94 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) delivery, particularly in preventing crime, attacks and the activities of extremists, as well as being more pragmatic and innovation in response to numerous challenges posed by this problem to public safety and security in nigeria. various factors have been implicated as being responsible for the ineffective law enforcement and efficient maintenance of law and order in nigeria by the nation s police force and other law enforcement agencies. these factors which shall be discussed later in this study could be categorized into structural and institutional in nature. today, these factors appear to have grown into a gangrene monster that is seemingly difficult to tame, leaving to the present ever-increasing wave of insecurity across the country. this rising and seemingly intractable wave of insecurity compounded as it is today, by very strange forms of criminality poses three urgent challenges. first, the situation requires proactive measures rather than the very reactive approach (scornfully and pejoratively dubbed "wee dem" by the lay public in nigeria).6 this approach has been adopted by the law enforcement agencies in the country particularly the police as its traditional policing model since 1930 the force was established.7 second, the prevention of these crimes requires knowledge, including intelligence, which is beyond local and national jurisdictions. third, the acquisition of knowledge for the policing of these crimes requires dynamic engagement and partnership among security and intelligence agencies as well as between law enforcement agencies and critical non-law enforcement stakeholders within and across nations. it is in this context that it is often stated that contemporary major crimes require transnational network and intelligence-led law enforcement, rather than what docobo8 and angwe9 described as “police-led policing”. in civilized climes, prevention and detection of crime is a prerequisite to effective law enforcement. intelligence gathering is key to crime detection. 6 chukwuma, i. (2015). improving police-community relations in nigeria: issues at stake, paper presented at a workshop on prevention of violation of human rights in nigeria organized by the nigeria police force at the sheraton hotels and towers, abuja, august 18-19. 7 chukwuma, i. (2015). improving police-community relations in nigeria: issues at stake, paper presented at a workshop on prevention of violation of human rights in nigeria organized by the nigeria police force at the sheraton hotels and towers, abuja, august 18-19; ojukwu, e.c.s. (2011). discovering the police. ibadan: gold press ltd; ojukwu, e.c.s. (2011). intelligence-led policing in nigeria: a way forward. ibadan: cleen foundation. 8 docobo, j. (2005). community policing as the primary prevention strategy for homeland security at the local law enforcement level. homeland security affairs, 1 (2). 9 angwe, b. (2012). collaborative intelligence production and public-police partnership: human rights perspective at a policing executive forum on intelligence-led policing in nigeria in cleen foundation (ed). criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 95 the general perception today is that, compared to half a century ago, intelligence gathering is no longer the centerpiece of policing and law enforcement in nigeria. generally speaking, law-enforcement agent in civilized climes “investigate in order to arrest”, but in nigeria the reverse is the case: law-enforcement officers “arrest in order to investigate”.10 put differently, the law enforcement agencies in nigeria, particularly the police have all along betrayed sheer incapacity to adopt the proactive method of law enforcement known as criminal intelligence-led enforcement in their law enforcement challenge, ostensibly as a consequence of a number of factors that outside the purview of this study. even where they make attempt to do so, they betray far greater incapacity to engage in quality intelligence analysis, which is the livewire or engine of the intelligence-led law enforcement. the foregoing constitutes the crux of the matter in this study. against the forgoing backdrop, this empirical study assessed the relevance of criminal intelligence management with its implications to public safety in benue state, north central nigeria. criminal intelligence management as an approach simply means the administrative control and supervision of the intelligence cycle or process that involves eight (8) sequential steps, which for convenience’s sake can be essentially collapsed into three major phases: collection/collation, analysis, and consumption phases. this study was, therefore, guided by three research questions. what is the relevance and implications of management of collection/ collation of raw information for intelligence production to the fight against crime? what is the relevance and implications of management of intelligence analysis to the fight against crime? what is the relevance and implications of management of consumption of intelligence to the fight against crime? b. review of relevant literature the search for literature for this study revealed a yawning deficit of both meaningful scholarship and policy attention on the central anchor of this study, ‘criminal intelligence management’. the reasons for this are not farfetched, but too many and obviously not so compelling to be discussed here. however, the most prominent explanation for such paucity in scholarship on the vexed issue of ‘criminal intelligence management’ is the emerging and evolving nature of the subject. this is coupled with the apparent irrational 10 angwe, b. (2012). collaborative intelligence production and public-police partnership: human rights perspective at a policing executive forum on intelligence-led policing in nigeria in cleen foundation (ed). j. t. gberinyer, i. okoro, & e. adishi 96 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) fixation on the incident-based reactive approach to law enforcement described as ‘police-led policing’ in most parts of the world, particularly on the part of law enforcement practitioners, policymakers, as well as scholars in developing countries.11 however, there has been in the recent time an increasing shift of attention and recognition both locally and internationally from the critical importance and role of criminal intelligence management in preventing, detecting, and prosecuting of criminal acts as part of the overall response of protecting public safety and security in society. the reasons for this shift of attention and recognition are obvious for enumeration but suffice to mention at least two of the seven factors highlighted by racliffe, one of the highly respected scholars in the field. they are ineffectiveness of the standard model of policing; and the paucity of evidence that the reactive and incident-based approach to policing has had any significant impact on the level on the crime.12 as a steppingstone to a better understanding of the dynamics and relevance of criminal intelligence management in providing public safety and security to society, significant efforts were made in much of previous literature to address its conceptual preambles. in this respect, for instance, some of the efforts among were directed at first clearing the confusion in the meanings among some of the key concepts that define the field of criminal intelligence management, particularly ‘intelligence’ versus ‘information’, ‘criminal intelligence management’ versus ‘intelligence analysis’, and ‘intelligence analysis’ and ‘intelligence-led policing’ (ilp). in distinguishing between the term ‘information’ and ‘intelligence’, the scholars who finally cleared the air simply described the former (information) as the raw materials from which intelligence is produced, and the latter (intelligence) as refined information aimed at assessing the impact of specific acts or policies for the purpose of identification, evaluation, and mitigation of possible threats to public safety and security.13 specifically, ratcliffe & 11 angwe, b. (2012). collaborative intelligence production and public-police partnership: human rights perspective at a policing executive forum on intelligence-led policing in nigeria in cleen foundation (ed); lowenthal, m. (2006), intelligence. 3rd washington dc: cq press; docobo, j. (2005). community policing as the primary prevention strategy for homeland security at the local law enforcement level. homeland security affairs, 1 (2). 12 ratcliffe, j. (2007). integrated intelligence and crime analysis: enhanced information management for law enforcement leaders. new jersey: sage 13 hutton, l. (2009), secrets, spies and security. in l. hutton (ed), to spy or not to spy. intelligence and democracy in south africa. pretoria: institute of security studies; ratcliffe, j. (2007). integrated intelligence and crime analysis: enhanced information management for law enforcement leaders. new jersey: sage; ratcliffe, j. h. and guideth, b. (2008), state police investigative structure and the adoption of intelligencecriminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 97 gudeth, conceptualized ‘intelligence’ as “the product resulting from collection, evaluation, analysis, integration, and interpretation of all available information, supportive of the policy and decision-making processes pertaining to and directed at detecting and preventing specific threats to public safety and security, national stability, and development. lowenthan14 summed all up when he observed that intelligence is a subset of the broader category of information, adding that “while all intelligence is information, not all information is intelligence”. in summary here, and as hutton15 and wirtz16 among many others rightly observed, criminal intelligence which are collected through information, technology, surveillance, and interrogations, permits law enforcement authorities to establish a proactive response to crime and also to identify and understand criminal groups operating in their areas of jurisdiction.17 once criminal groups are identified and their habits known, law enforcement authorities may begin to assess current trends in crime to forecast, and to hamper the development of perceived future criminal activities. intelligence "provides the knowledge on which to base decisions and select appropriate targets for investigation”.18 again, to distinguish it from ‘intelligence analysis’, much of the reviewed literature simply described ‘criminal intelligence management’ as the overall administrative control of the eight-step process known as the ‘intelligence cycle’, which include, direction and planning, collection, evaluation, sanitization, collation, analysis, dissemination, and consumption (utilization, feedback, review of the entire process”.19 from the foregoing, it could be deduced that ‘intelligence analysis’ is simply a subset of the intelligence cycle as its sixth (6th) step, and to that extent, cannot be equated to the larger field of ‘criminal intelligence management’, which controls or led policing. an international journal of police strategies & management, 31 (1), pp. 109128. 14 lowenthal, m. (2003). intelligence: from secrets to policy. washington d.c. cq press. 15 hutton, l. (2009), secrets, spies and security. in l. hutton (ed), to spy or not to spy. intelligence and democracy in south africa. pretoria: institute of security studies. 16 wirtz, j. j. (2009). the american approach to intelligence studies. in l.k. johnson (ed), handbook of intelligence, oxford: routledge. 17 astra academy (2021). sources of intelligence information: the intelligence enablers. kuwait journal of security studies, 19 (1), 129-149; wirtz, j. j. (2009). the american approach to intelligence studies. in l.k. johnson (ed), handbook of intelligence, oxford: routledge. 18 amaechina, o.a. (2015). intelligence-led policing in nigeria: a way forward. in cleen foundation (ed). 19 democratic control of armed forces (dcaf) (2006). dcaf backgrounder. geneva: dcaf; amaechina, o.a. (2015). intelligence-led policing in nigeria: a way forward. in cleen foundation (ed); alemika, e. e. o. (2012). intelligence-led policing in the 21st century, in cleen foundation (ed), operationalizing intelligence-led policing in nigeria (monograph series no. 17). lagos: cleen foundation. j. t. gberinyer, i. okoro, & e. adishi 98 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) oversees the very intelligence cycle or process the former is part of. not surprisingly, the confusing of the meaning of ‘criminal intelligence management’ with that of ‘intelligence analysis’ in certain portion of previous literature must had arisen perhaps as a consequence of the latter’s (intelligence analysis) critical importance and role in the intelligence cycle as the sixth step (ratcliffe, 2003). to further distinguish it from other sister terms, much of previous literature conceptualized ‘intelligence analysis’ in different ways, while at the same time saying the same thing. for instance, robertson, in his own line of thought observed that intelligence analysis simply means: the application of individual or collective cognitive methods to evaluate data (information) and test hypotheses within a secret socioeconomic context with a view to producing an intelligence endproduct to be used for law enforcement.20 intelligence analysis can also be described as an in-depth examination of the meaning and essential features of available information. analysis highlights information gaps, strengths, weaknesses and suggests ways forward. the analytical process is aimed at the development and use of intelligence to direct law enforcement actions. the scope of analysis and its overall credibility depend on the level and accuracy of acquired information, combined with the skills of the analyst. analysis is a two-step cyclical process, which can be performed to assist all types of law enforcement objectives. the two-step process, of course, include, data integration (the combining of information from different sources in preparation for drawing of inferences), and data interpretation (involves logical reasoning, whereby the intelligent analyst’s cognitive attributes and intelligence quotient (iq) are deployed to draw inferences from raw data (information) and package the results as endproducts meant for dissemination and use by policy-makers, detectives, prosecutors, and law enforcement officers).21 it is, therefore, within the foregoing context that lies the overall importance of the intelligence analyst in the criminal intelligence cycle. in summary, the intelligence analyst plays very vital role within the intelligence cycle or system. first and foremost, it is the intelligence analyst that does the critical thinking, critical analysis and production of assessment reports which are the very foundation upon which the intelligence cycle 20 robertson, s. (1997), intelligence-led policing: a european union view, in smith a. (ed). 21 lowenthal, m. (2003). intelligence: from secrets to policy. washington d.c. cq press. criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 99 rests.22 he does this by diligently collecting relevant information from various sources, critically analyzes them, and then produces objective and timely assessments free from any bias. this intelligence product usually appears in the form of written reports or oral briefings for use by his employers or law enforcement agencies. finally, here, much of previous literature also utilized the same definitional technique to distinguish the concept ‘intelligence-led policing’ from sister concepts like ‘intelligence analysis’, ‘criminal intelligence management, ‘police-led intelligence’ and ‘police-led policing’. to this end, smith conceptualized ‘intelligence-led policing’ to mean: intelligence-led policing involves the collection; and analysis of information to produce an end-product designed to inform police decision-making at both tactical and strategic levels. it is a model of policing in which intelligence serves as a guide to operations, rather than the reverse; and is predicated on the notion that the principal task of the police is to prevent and detect crimes, rather than react to it.23 from the foregoing, it can be deduced that the concept and practice of ‘intelligence-led policing’ shares very close affinity or similarities with ‘criminal, intelligence management’, and to that extent, both concepts will be used interchangeably in the remaining part of this paper. intelligence has always been part of police work. however, in the traditional policing approach, intelligence is used to aid investigation after a crime incident must have occurred, a practice alemika24 and docobo25 pejoratively describe as “police-led policing”. in some cases, intelligence is used at tactical level to aid ongoing operations or short-term crime control planning. this approach is referred to as policing-led intelligence.26 in contrast, intelligence-led policing repositions intelligence from the backstage to the front-stage of policing. this is necessary as emphasis on guaranteeing, attaining and preserving public 22 ratcliffe, j. (2007). integrated intelligence and crime analysis: enhanced information management for law enforcement leaders. new jersey: sage; lowenthal, m. (2006), intelligence. 3rd washington dc: cq press. 23 smith, a. (1999), intelligence-led policing: international perspectives on policing in the 21st century, new jersey: lawrenceville. 24 alemika, e. e. o. (2012). intelligence-led policing in the 21st century, in cleen foundation (ed), operationalizing intelligence-led policing in nigeria (monograph series no. 17). lagos: cleen foundation. 25 docobo, j. (2005). community policing as the primary prevention strategy for homeland security at the local law enforcement level. homeland security affairs, 1 (2). 26 cope, n. (2004) intelligence-led policing or police-led intelligence? british journal of criminology, 44, 188-2003. j. t. gberinyer, i. okoro, & e. adishi 100 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) safety and security and security have moved away from enforcement to risk prevention or minimization. as cope observed, "intelligence-led policing exemplifies concerns with identifying, prioritizing, and intervening to minimize risk. intelligence can be understood as information developed for the purpose of directing police action”.27 all said, intelligence-led policing as an approach has only begun to gain popularity and currency across the world in the last couple of years precisely since 1990s. in the literature, a number of factors have been highlighted as being responsible for the ongoing widespread enthusiastic embrace and rapidly growing popularity of the intelligence-led policing model across the world, particularly in developed societies. prominent among these factors include the paucity of evidence that the present model of policing anchored, of course, on the incident-based, reactive and investigative approach to policing has little or no impact on the level of crime in society; and the desire and commitment to explore new approaches to crime control in society. others are the on-going revolution in information and communications technologies (icts) that has unleashed a wide array of technologies with great capacity to obtain, store, retrieve, and analyse data (information) with amazing speed. others are lack of convincing evidence that both the community-policing and problem-oriented policing models are yielding the desired results in terms of reducing crime; and the severe financial constraints imposed on police departments across the world in the present era of increase in recorded crime and emergence of new types of crime that started in 1980s till date.28 all said, the question then remain: what is the relevant or implications of criminal intelligence management in the fight against criminal threats to public safety and security in parts of nigeria? interestingly enough, investigations in much of the previous literature on the topic of this study reveal substantial evidence that criminal intelligence management or intelligence-led policing has profound relevance or implications to the fight against threats to public safety and security in nigeria, particularly in the study area, benue state, north central region. the foregoing conclusion is based on two factors that arise from evidence from much of the literature. the first factor includes the lack of ample evidence or the apparent failure of the traditional incident-based reactive 27 cope, p. 92. 28 ratcliffe, j. h. and guideth, b. (2008), state police investigative structure and the adoption of intelligence-led policing. an international journal of police strategies & management, 31 (1), pp. 109-128; docobo, j. (2005). community policing as the primary prevention strategy for homeland security at the local law enforcement level. homeland security affairs, 1 (2); smith, a. (1999), intelligence-led policing: international perspectives on policing in the 21st century, new jersey: lawrenceville. criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 101 approach to fighting crime to stem the rising wave of all manner of crime in nigeria.29 one glaring evidence of the foregoing lies in the fact that inspite of the much noise and self-acclaimed efforts being made by the nigerian police and other law enforcement agencies to curb crime in the country, the menace is known to have continued to increase in intensity, added dimensions, and sophistication since the 1980s till this day.30 the foregoing could be compared to the ongoing boko haram terrorist conflicts in north-east nigeria, whereby inspite of the efforts the nigerian security agencies and the multi-national joint task force (mnjtf) claim they have been making to contain or deal with the conflicts since 2015 it escalated, the terrorist conflicts have continued to increase with intensity. quite like the case of the fight against crime by the nigeria police which is driven by the police-led policing approach, this paper also agrees with nwankpa, and many others that the problem with the fight against the boko haram terrorist conflicts lies with choice of inappropriate strategy (massive punitive military combats) that is not also driven by intelligence gathering approach. the second factor is, of course, the presence or ready availability of those very basic tools or ingredients that enable effective application or deployment of the proactive pre-emptive, and preventative approach to crime fighting, particularly the criminal intelligence management. the said basic tools or what astra academy calls “intelligence enablers or drivers” include the following strategies: surveillance, research, informants, technology, detention and interrogation, and community-policing strategy.31 put differently, the ready availability of these basic sources or intelligence enablers easily predisposes criminal intelligence management or intelligenceled policing approach to be relevant in the fight against crime in nigeria, particularly in benue state. there is no doubt that human beings as informants play key role in the efforts at collection of information for processing into intelligence endproducts in the fight against crime. it is, therefore, expected that with nigeria’s huge population of over 200 million, inclusive of benue state’s 4 million, an average law enforcement investigator on crime has indeed a very comfortable pool from which he can draw enough informants for purpose of 29 ratcliffe, j. h. and guideth, b. (2008), state police investigative structure and the adoption of intelligence-led policing. an international journal of police strategies & management, 31 (1), pp. 109-128; alemika, e. e. o. (2012). intelligence-led policing in the 21st century, in cleen foundation (ed), operationalizing intelligence-led policing in nigeria (monograph series no. 17). lagos: cleen foundation; ojukwu, e.c.s. (2011). intelligence-led policing in nigeria: a way forward. ibadan: cleen foundation. 30 alemika, 2012; ojukwu, 2018. 31 astra academy (2021). sources of intelligence information: the intelligence enablers. kuwait journal of security studies, 19 (1), 129-149 j. t. gberinyer, i. okoro, & e. adishi 102 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) generating raw information for criminal intelligence production. the foregoing is indeed a predisposing factor that makes criminal intelligence management to be of much relevance in the fight against crime in nigeria, particularly in benue state, the focus of this study. what is more, the foregoing finds ample support from the findings of gadi-vincent,32 who investigated the role of criminal intelligence in the fight against criminal threats to public safety and security in the gujarat state of india with a population of over 60 million. the study found among others that the large population of the study area played key role in supplying the persons that served as informants to law enforcement agents who effectively deployed the intelligence-led policing approach in their efforts at reducing crime in the area to the barest minimum. however, the study also forewarned that the same law enforcement investigators should at the same time be wary enough not to allow himself to be carried away by such large pool of information source and to that extent fall victim to information overload, which usually presents huge problem to an average investigator, particularly at the stage of sanitation and analysis.33 again, another predisposing factor that makes criminal intelligence management be of much relevance to crime fighting in the nigerian context is the practice of surveillance as a veritable source of raw information for use in the production of intelligence. in this regard, therefore, it is also expected that any law enforcement officer desirous of combating crime meaningfully, in the country enjoys the opportunity to effectively deploy this potent tool of criminal intelligence management. the foregoing finds ample support in the earlier findings of a study by omotola, olarewaju and alabi,34 which investigated the effect of intelligence-led policing on the fight against urban criminality across the lagos-ibadan axis in south-west nigeria. the study found that not that the law enforcement agencies in that jurisdiction were not only making effective use of the intelligence-led policing approach, but where they did that, they were not also exploiting the full benefits inherent in the surveillance as a potent tool for intelligence and evidence gathering. the study, therefore, recommended increased surveillance, including use of the undercover strategy that would involve very skillful and hard-skinned 32 gadi-vincent, a. p (2017). intelligence and evidence gathering in india: assessing the impact of the quality of humint. indian journal of sociology and anthropology, 14 (2), 159-175. 33 cope, n. (2004) intelligence-led policing or police-led intelligence? british journal of criminology, 44, 188-2003. 34 omotola, j. o., olarewaju, o. & alabi, s. (2010). impact of informants and intelligence and evidence gathering techniques on crime fighting efforts in ibadan, south-west nigeria. european journal of security and intelligence studies, 8 (8), 200-214. criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 103 investigators and less suspicious but attractive spies such as intelligent children, beautiful girls and women to penetrate criminal gangs for information and evidence gathering reasons.35 as earlier on hinted, another factor that also predisposed the relevance of the criminal intelligence management to crime fighting in the nigerian situation is technology, particularly the ongoing revolution in information and communication technologies (icts) being midwifed, of course, by the almighty globalization. prior to this day, technology was known to have since been integrated into criminal investigation and the justice sector as a potent instrument. against this backdrop, therefore, the greatest beneficiary of the ongoing ict revolution (particularly the advent of modem computers, the internet, and camera including cctv, all with amazing speed, dexterity, and artificial intelligence) is the field of criminal investigation and the justice sector. stelfox,36 pepper,37 and fraser38 have in their studies demonstrated the high value now attached to icts as a strong backbone of criminal investigation. for example, how cameras are now used to collect as much information as possible in stationary technical surveillance; how telephones, particularly smartphones are now used through wiretapping to collect much criminal intelligence and evidence; and how computers are now being increasingly deployed to assist intelligence analysts process information of any magnitude and all types including dna profiles and other kinds of forensic evidence into usable criminal intelligence and store same in special database for use by stakeholders. it is, therefore, expected that law enforcement agencies in nigeria should always embrace the latest fad known as criminal intelligence management or intelligence-led policing approach so as to fully tap the benefits of integration of the ongoing ict revolution into criminal investigation, in particular, and crime fighting towards public safety and security, in general, in the nigerian society. in a study, okon, agorye & aov39 investigated the role of mapping in crime management in makurdi metropolis in benue state, north central nigeria, using the gis or gps technologies. the study found that law 35 benotman, h. & malik, n. (2006). children of the islamic state. london: quillam foundation; grossman, m. & barolsky, v. (2019). reintegrating children, woman, and families returning to australia from foreign conflict zones. the role of community support. victoria, australia: deakin university press. 36 stelfox, d. (2014). crime scene investigation as a patrol function, law & order, 51 (11), 70-85. 37 pepper, j, (2013). not science, not support forensic solution to investigative problems. science & justice, 40. 127-30. 38 friser, j. (2013). forensic investigation. in tilley, n, and neyroud, p. (eds) dictionary of policing, willan publishing, cullompton. devon . 39 okon, i, agorye, a. o. & aov, k (2921). mopping the incidence of crime in makurdi metroplis, benue state, north central nigeria. open access library journal, 8 (8). j. t. gberinyer, i. okoro, & e. adishi 104 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) enforcement agents can deploy the gis technologies that not only use broad range of functions but are also capable of manipulating both spatial and attribute data of particular locations to produce hotspot maps and crime databases of areas within their jurisdiction for use in such criminal investigation activities like surveillance patrols and stationary technical surveillance for intelligence and evidence gathering. another significant factor that predisposes criminal intelligence management to have profound implications and relevance to the efforts at fighting criminal threats to public safety and security in nigeria is, of course, the community policing approach. ever since it originated across the country in 1980s and early 1990s, the community policing approach has up till this day come to occupy a pride of place in both the nation’s security architecture and the informal security system.40 though the community-policing approach in this country, otherwise known as police-community relations, is denoted by various structures and nomenclatures, such as vigilante groups, neighbourhood watch groups, civilian taskforce, forest guards, livestock guards, amotekun, hisbah, etc, their mandate, philosophy, vision composition and modus operandi remain the same across their various jurisdictions. a typical community policing outfit is composed of volunteer’s resident in the community which such outfit serves. as an outfit that operates at the grassroots level, the mandate of a typical community-policing outfit is essentially to gather available information about crime, individual criminal suspects, their modus operandi, everything about their gang, and target victims, of each operation and pass such information over to the formal law enforcement agents as raw materials to be processed into criminal intelligences end-products.41 these end-products are, of course, used by the latter for criminal investigation and prosecution of the suspects in law courts. the fact that the various community policing outfits are still in very sound existence, with many more coming on board on daily basis after over two decades of its advent is enough evidence that the concept or idea of community policing is not only successful, but also an effective strategy for fighting crime in nigeria, both at the grassroots and in the urban neighourhoods. evidently, the forgoing puts a serious lie to the contention in some quarters,42 that because community policing lacked ample evidence of its contributions to the efforts at reducing crime that that gave rise to the adoption of the intelligenceled policing approach. against the foregoing backdrop, therefore, it is also expected that law enforcement agents in nigeria should enthusiastically 40 docobo, 2005; alemika, 1999; chukwuma, 2015. 41 docobo, 2005; amaechina, 2015. 42 ratdiffe & guideths, 2008 criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 105 embrace criminal intelligence management or intelligence-led policing so as to reap the huge benefits coming from the community policing approach. furthermore, another major factor that paves way for the relevance of criminal intelligence management to fighting crime anywhere is that of availability of intelligence analysts. in fact, the critical importance of intelligence analysis was, of course, well alluded to or pointed out while discussing the intelligence cycle, in which it was highlighted as one of the important steps (step 6) of the process. as noted by ialeia43 among many others, an intelligence analyst is, of course, one who uses his or her knowledge, skill, traits, competencies, sense of judgment, creativity, and expertise in critical thinking, logical or analytical reasoning, intuitive judgment, and systematic approach to collect raw information and observation from multiple sources and convert same into intelligenceendproducts for use in criminal investigations and prosecution by law enforcement officers and prosecutors. to this extent, therefore, the intelligence analyst is not just an ordinary, run-of-the-mill law enforcement officer, but also the one with much professional expertise, and competence, capabilities, and comportment acquired either through years of work experience or training. in fact, the criminal intelligence analyst is obviously the driver and lifewire of the entire intelligence cycle, and to that extent, highly indispensable to the process.44 the foregoing conclusion is, of course, in conformity with the earlier findings by johnson, johnson & ifedayo,45 who investigated the impact of intelligence-led policing on the fight against flow of small and light weapons (salws) in rural and urban south africa as part of the efforts to curb the rising wave of criminality in the area. the finding of the study was that while much raw information was collected and processed accordingly, the entire process had little or no meaningful impact on the rate of flow of small arms and the rising wave of criminality associated with it. on further probing, the study also found that the problems squarely lay with the level of competence of the criminal investigators/intelligence analysts that populate the various police formations and other law enforcement agencies in the jurisdictions investigated. again, in one ‘grey’ literature sponsored by the bbc research unit, imeh, amadi, durodola & audu (2018) also investigated 43 international association of law enforcement intelligence analysts inc (2012). law enforcement analytic standards. new jersey: ialeia. 44 ratcliffe, 2007; heuer, r. (1999), psychology of intelligence analysis. langley, ca: cia center for study of intelligence; johnson, r. (2005). analytic culture in the us intelligence community. langley: center for the study of intelligence. 45 johnson, w. a, johnson, j., and ifedayo, t. e. (201,). evaluation of the structures and operations of the nigeria police public relations department. kuwait chapter of arabian journal of business and management review, 2 (11). j. t. gberinyer, i. okoro, & e. adishi 106 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) problems, challenges and prospects of intelligence-led policing in combating criminality in oyo state, south-west nigeria. the study found that intelligence-led policing approach made significant positive impact on the efforts at reducing the level of criminality in oyo state owing to what it described as “availability of competent criminal investigators/intelligence analysts” (p.121). we concur here as did a number of scholars46 that the foregoing oyo state situation might be the same with some few other sister states across the country as a result of the level of self-development that is taking place among a number of law enforcement officers across many formations most of who opted to go back to school for further studies to improve themselves towards higher positions and pay increases. in conclusion here, it is the said availability of a handful of competent and experienced criminal investigators/intelligence analysts in few police formations and other law enforcement agencies, represented, of course, by the oyo phenomenon, that predisposes and enhances the relevance of criminal intelligence management to the fight against crime in nigeria. in conclusion here, the foregoing review of literature on the topic of this study shows that criminal intelligence management or intelligence-led policing has much relevance and profound implications in the ongoing fight against the various criminal acts that threaten public safety and security in parts of nigeria. the problem, however, lies with the lack of commitment of the various law enforcement agencies and other stakeholders in the provisioning of public peace, order, safety and security in the nigerian society. it is, therefore, left for the preceding empirical investigations to prove or disprove whether the approach has relevance to the benue state situation or not. c. method as earlier hinted, this study is qualitative research. its methodology, therefore, comprised the qualitative research method and semi-structured key informant interviews (kiis) to capture elaborate and in-depth responses from participants, but flexible enough for in-depth probing and clarification of issues as they emerged. the series of interview were conducted by this researcher and two research assistants, using semi-structured interview protocol, digital tape recorder and field journals. participant recruitment for the study was guided by earlier established recruitment nigeria police -5, department of state services (dss) – 3, 46 ojukwu, 2015; alemika, 2012; amaechina, 2015 criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 107 nigerian security and civil depence corps – 3, police-public relation committee (pprc) – 3, (n = 18). participants were recruited through referrals and purposive sampling technique based on the stock of knowledge and experience in relation to the topic of the research. 12 semi-structured interviews were conducted across parts of benue state including makurdi metropolis, agatu, logo, katsina-ala, and kwande. the interviews which lasted between 37 and 65 mins each were conducted by this researcher in company of two (2) well trained research assistants, using digital tape recorder, interview protocol, and field journals. simultaneous transcription of the recorded interviews also took place with the aid of member of computer software (nvivo ii theme reader, mind manager, rilab’s knowledge map, and hart’s diction 5.0), where permissible throughout the interviews, confidentiality and anonymity of each interviewee as part of the requirements for granting approval for the interviews in the first place were ensured. a number of ethical challenges coming mostly from some overzealous participants, which if allowed would have adversely affected the credibility of the interview processes, were successfully overcome. immediately after the data analysis exercise, both the recorded and transcribed copies of the interviews were put away into this researcher’s private locker and secured against any possible intruder, waiting to be physically shredded or deleted in the computer two years after this research. trustworthiness and authenticity of data inquiry was established based on lincoln & guba’s (1985) four criteria: credibility, transferability, conformability, and dependability. in particular, credibility of this research was also established using four key techniques: prolonged engagement with the participants in the field and in reading and re-reading the transcripts of the data, peer-debriefing, triangulation, and member-checking. data analysis for the study was carried out using thematic analysis approach, which utilizes a particular technique for identifying, analyzing, organizing, describing and reporting ‘themes’ found within a data set. the technique used in the thematic analysis using lincoln & guba steo model. d. results and discussion in this section, the results of the analysis of the fifteen (15) interviews carried out at five (5) different locations in benue state, north central region of nigeria which featured 12 interviewees, which included formal law enforcement officers, security agents, government officials, civilian security task force members, and community leaders are presented and discussed. j. t. gberinyer, i. okoro, & e. adishi 108 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 1. what is the relevance or implication of management of collection/collation of information meant for production of intelligence to the fight against crime? efficient or effective control and a supervision of the following tools/agents used for collection/collation of information meant for production of intelligence was identified by majority of the participants to be of much relevance and to have profound implication to the fight against crime in benue state nigeria: informants, surveillance, technology, community policing, interrogation, and open-source research. a. informants many of the participants were of the opinion that effective management of available information is a predisposing factor that makes criminal intelligence management relevant in the fight against crime. they also observed that once there are large numbers of informant with some good knowledge about the criminal suspect(s) and are willing to volunteer information, the criminal investigator has the opportunity to obtain as much information as possible about the identity and other details about the criminal suspect(s) within a given location. many of the interviewees also stressed, however, that the willingness or readiness of the individual informants to volunteer information is not always guaranteed, but dependent on their being assured of protection from any backlash harm by the criminal suspects(s) in question or his/her cohorts. that is to say, once the informant is given adequate assurances with regard to confidentiality and protection against possible attack from the suspect, he or she can give as much information about the criminal’s identity, criminal history, gang members, criminal networks, modus operandi, hideouts possible funders, among others. for instance, one participant (ki-04) was captured as saying: in intelligence-led policing or what you call criminal intelligence management, if at al1 i understand what you mean, is a good strategy and relevant to fighting crime. its use is easier and more effective when you have many good and willing informants around your beat. the problem is that in most of the crime beats, the expected informant is never willing to talk to you about the criminal suspects for fear of attack by the suspect or his friends or gang members should the secret of who informed the police is revealed (ki-04). several participants also observed that information coming from informants are usually considered relatively more accurate and more reliable criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 109 when compared with those from other sources as a result of the fact that these informants live very close with the suspects either within the same vicinity, neighbourhood or community. as some of these interviewees contended, it is must be the strength of the foregoing that makes availability of informants a strong “indicator and pointer’ to the relevance of criminal intelligence management to the fight against crime” (ki-013). b. surveillance in like manner, majority of the interviewees also identified effective management or handling of surveillance activities with diligence, tact, that and efficiency as another critical factor that predisposes criminal intelligence management to be relevant in the fight against crime in benue state. they observed that so long as surveillance remains a practice whereby the criminal investigator has no one but himself to rely on in the task of gathering information and evidence for accomplishing his assignment, he always has all the freedom to choose criminal intelligence management or intelligence-led policing as an approach in the fight against criminality in his jurisdiction. for instance, one participant (ki-015) narrated a particular situation in which a task team he once worked with lacked enough quality information, and to continue, the leader of the team was forced to divide the members into small groups with the instruction for each group to undertake surveillance by itself instead of waiting for informants. that enabled the team to accomplish the task at hand much more easily and creditably. the participants also added that it was on the strength of that huge success achieved by that task team that the authority that was in charge of the jurisdiction began to rely more on the practice of regular patrol of the area and use of intelligence-led policing instead of waiting for complaints to come before taking action. in his own words, one participant said: because of the success we made in that operation, our ogas on top directed for regular release of patrol vehicles to us and with more men to patrol the area regularly. and since then, we began to rely more on the use of intelligence-led policing, instead of the old ‘go-wego-come-later’ style of waiting for complaints before action. (ki-01). many other participants also observed that the availability of such complements like spies, patrol vehicles and motorcycles, and helicopters, dogs, stationary cameras, observatories, and undercover tactics lends big weight to surveillance as a strong, predisposing factor to the relevance of j. t. gberinyer, i. okoro, & e. adishi 110 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) criminal intelligence management in the fight against crime. as one participant (p7) observed: last year, many of our men were killed or wounded. due to the increasing risk and dangers involved in foot-patrol, carnine (dog) patrol, or mounted patrol, availability of good vehicles, motorcycles and fuel has become cannot-do-without’ in the modern and new method known as intelligence policing. just give our men quality vehicles, no longer stories or complaints from informants and see us puncture all those devilish plans by criminals (ki-07). c. technologies an overwhelming majority of the interviewees also indentified timely provision of modern technologies as another factor that predisposed criminal intelligence management to be of great relevance to the fight against crime in the study area, benue state, nigeria. they singled out such modern technologies like telephone, particularly smart phones, stationary cameras like cctv, high-speed computers, the internet, and ongoing revolution in icts as the most outstanding intelligence enablers that act as predisposing factors to the intelligence-led policing approach. while stressing her point in this regard, one participant (ki-020), observed in her words that: the greatest thing that has happened to the criminal investigation subsector is the boom in ict. the most important is the introduction of all kinds of telephone that usually come with many devices and functions, speed rates, and capabilities. with a smart/phone, an investigator can easily and freely communicate with his informants and colleagues in the field, take pictures of crime scenes, or record same with in-built camera, browse the net for open-source info and listen to telephone discussions involving criminal gang members within his duty beat. the opportunities are indeed uncountable and limitless. (ki-020). d. community policing approach in similar vein, a good majority of interviewees in the study also identified the use of community policing approach to fighting crime at the grassroots or urban neighbourhoods as a strong predisposing factor that makes criminal intelligence management to be of much relevance to the general fight against criminal threats to public safety, order, and security in benue state. as earlier mentioned, a typical community policing outfit such as vigilante group, neighbourhood security group, civilian taskforce on criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 111 security, forest guard, or livestock guards, civilian taskforce as it may be called is usually composed of residents of the very neighbourhood in question who are adjudged to be very conversant with the happenings in and around the said neighbourhood. in addition, the mandate of community policing outfits as symbols of police-public relations strategy includes collecting raw information about criminal activities and details about those suspected to be behind such nefarious activities, prepare such as threat reports, and pass the reports over to regular police and other law enforcement agencies for further investigations and preventative actions. in this regard, many of the participants stated that government, particularly benue state government, the police and other law enforcement agencies, cbos, csos, and development partners in the state had been making efforts and contributions in the form of occasional funding, logistics support, including provision of patrol vehicles and motorcycles, and other security gadgets, payment of monthly allowance or stipends, training of personnel, and disciplining of officials, among others, to ensure the success and sustenance of the community policing project. in the words of one of the participants (k1-07): “…government and others have been supporting us. they give us few patrol motors, motorcycles, fuel, torch, catapult, and raincoats etc occasionally. they also pay us money as salary, but it is always too poor and also not on time. police also give us training, and cooperate with us whenever we catch criminals or give them good information. without government support, i don’t think we can function. they should give us more support, particularly pay us good money like police” (ki-07). another participant in support of the foregoing also observed thus: “since i joined the livestock guards in my area in logo lga soon after the herdsmen attack of the ugbo you market, i have known benue state government as our major backbone. they give us what we want, but the police is not cooperating with us so much or at all at all. when you report to them that fulanis enter a farmland with their cattle or give information that they are planning an attack, police refuse to take action or come when everything don dabaru. fulani people don’t obey governor’s law on movement with their cattle at all” (k1-07). j. t. gberinyer, i. okoro, & e. adishi 112 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 2. what is the relevance and implications of management of intelligence analysis to the fight against crime? a. intelligence analysis and intelligence analysis majority of the government, law enforcement, and community participants also identified effective management of intelligence analysis as a major factor that predisposes criminal intelligence management to be of much relevance to the fight against crime in benue state. these participants also attribute the foregoing to the critical role intelligence analysis and intelligence analysts play in the intelligence cycle or process, which role it plays as the major last step in the production of intelligence from raw information collected from the field. as earlier mentioned in the literature section, the critical role the intelligence analyst plays both in the intelligence process in general and intelligence analysis in particular lies with the fact that he/she is either the leader or overall coordinator of the entire process or the investigator that is usually called in as one of the intelligence production personnel to handle the sixth and the all-important step of finally converting the information already collected and collated into intelligence end-products for use later in either of the two scenarios. it is the intelligence analysts that mans each of the two phases involved in the intelligence analysis process: data integration and data interpretation. in the first phase, it is the intelligence analysts that has his ability to sift facts or data from information collected in the form of entities, materials, and events and establishes relationships among such facts or data (data correlation). in the second and final phase, it is also the intelligence analyst that uses his critical thinking, logical reasoning, and inference-drawing abilities to convert or interpret the sets of correlated data from the first phase into intelligence end-products (data interpretation) for use latter in the first and last step in the intelligence process (dissemination/consumption). from the foregoing, it is clear that the overall importance of both intelligence analysis and the intelligence analyst in the intelligence process can never be over-emphasized. one participant (ki-04) captured the foregoing in this way: “the overall importance and indispensable role of both intelligence analysis and the intelligence analyst in the intelligence production process lie with the fact that all information collected for the purpose remain like ordinary street talk. they remain there like raw materials in the factory junkyard until the intelligence analyst moves in to convert such into a kind of finished goods for sale in the market to criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 113 consumers. then, if at the end the intelligence product is successfully used to burst the target planned crime, it is the analyst that receives the greater percentage of the credit, and if, on the other hand, the opposite happens, it is also the same analyst, that receives the greater part of the whole blame” (ki-04). it must be against the backdrop of the overall importance of both intelligence analysis and the intelligence analyst in the intelligence process that government, the law enforcement agencies, and other stakeholders in the criminal justice system are oftentimes called upon to make concerted effort towards ensuring effective management of the intelligence analysis process. the said call includes call for adequate funding of the intelligence production process, the recruitment of highly educated persons such as lawyers, and graduates of various social science disciplines, personnel development through training, education, and mentorship, good remuneration and competitive conditions of service, among others. whether this call is being hearkened to in nigeria, particularly in benue state is highly debatable. for instance, one of the participants (ki-05) observed thus: “it appears the call for more educated personnel from the relevant areas like law, sociology, psychology, and others in the intelligent unit of the police or sister organisations is not yielding the desired results. the response has been “no money’, ‘try to make do with those available and bla, bla, bla’ all the way. even the training progrommes, remuneration packages, and conditions of service do not help matters, as the morale of the very few intelligence analysts available is always very low. because of this, both intelligence and evidence gathering and criminal investigations in nigeria continue to suffer. oh no!, there is no way you can talk about the modern fad known as intelligenceled policing without adequate number of good and highly motivated intelligence analysts. that’s the reason the practice of the archaic policing called ‘wee-dem, wee-dem’ is still in vogue in this country” (ki-04). 3. what is the relevance and implications of management of consumption of criminal intelligence products to the fight against crime that threaten public safety? a. consumption of intelligence products very many participants also identified effective management of consumption of intelligence end-products as another critical factor that j. t. gberinyer, i. okoro, & e. adishi 114 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) makes criminal intelligence management to have relevance and implications to the fight against crime and insecurity. the interviewees specifically highlighted effective management of such key aspects of consumption of intelligence products like actual utilization of the products, feedback from the end-users themselves, and review of the intelligence production process itself from time to time and as and when need be as being very crucial in the use of criminal intelligence management in the intelligence-led policing approach against crime. intelligence materials are not just produced for production’s sake. their production is usually driven by the needs or requests of clients, that is, consumers of the analytical products who task the producers to do so. when intelligence materials are produced, they are, therefore, expected to be utilized or put into use for the purpose of the need and request for them. it is worthy to remark here that intelligence products might suffer two inter related kinds of fate in the hands of their intended consumers; non-adequacy or inaccurateness of the products, and non-utilization of the products for the very purpose for which they are produced in the first place. the first case known as ‘intelligence failure’ which usually results in failure of the use of intelligence products to avert particular threats. the second case known as ‘non-utilization of intelligence’ is usually caused by several factors including sheer inability to appreciate or recognize the potency or accurateness of the intelligence products in question, ignoring the use of the analytic products due to lack of political will or poor cognition or both, outright show of bias or compromise and tactical endorsement of the criminal plots of the suspects in question (i..e “insider sabotage”).47 the foregoing has been the cog in the wheel of the concerted efforts to fight crime and insecurity in nigeria over the years. as one interviewee (ki-010) observed: “all said, it is exactly because of lack of intelligence products or the inaccurateness and poor quality of the very few ones produced that have been sustaining the continued use of the crude style of policing, which some people call “wee-dem, weedem” by the nigeria police, as against the new style you call intelligence-led policing. i suspect the problem is not necessarily that of money, but lack of the will power, corruption, and bias, compromise or internal sabotage by both the authorities and the police rank and file (ki-010). 47 wirtz, j. j. (2009). the american approach to intelligence studies. in l.k. johnson (ed), handbook of intelligence, oxford: routledge. criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 115 in the case of non-utilization of intelligence products, majority of the interviewees were emphatic and enthusiastic in identifying both the causative factors and the attendant consequences. in one instance, an obviously worried participant (ki-011) has this to say: “all along, government and its law enforcement agents have shown lack of commitment to utlilize the various intelligence products being churned out on daily basis for use in either averting crime or prosecuting suspects. as i speak to you, attacks, killings and destruction by local criminals, robbers, bandits, boko haram terrorists in north-east, fulani herdsmen in this benue, plateau, zamfara, nasarawa and others, cattle rustlers, inter-communal warlords have continued till today. does it mean there are no intelligence or evidence produced before hand, and does it mean no suspects have been arrested since in this regard. the answer is capital no! (ki-011). still on the issue of non-utilization of intelligence products, another interviewee also posed similar rhetorical questions: “does it mean we didn’t have intelligence in our land prior to the agatu massacre of 2016 that denied over 500 lives, and displaced thousands of persons. does it mean we had no intelligence prior to the escalation of the herders’ attacks between 2017 and 2018 that led to the open-grazing law in benue? the answers are capital no! the issue has bordered on lack of political will, and compromise or bias in favour of the suspects by the power-that-be and the policemen themselves. or tell me why no single terrorist or herdsmen suspect has been prosecuted or imprisoned to set example and deterrent to others since 2009 till date. who is fooling who?” (ki-011). e. conclusion and recommendation this qualitative study that utilized the key informant interview (kii) technique examined the relevance and implications of criminal intelligence management to the fight against crime and insecurity that threaten public safety in benue state. the study focused only on five local government areas of the state where incidents of various kinds of crime, particularly herders’ attacks, cattle rustling, armed robbery, banditry, kidnappings and farmersherders conflicts do occur regularly. the conclusion of the study was that the management of the collection/collation phase of information meant for j. t. gberinyer, i. okoro, & e. adishi 116 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) intelligence production, including the various agents and tools used for that process (informants, surveillance, technologies (ict), community policing, and interrogation) predispose criminal intelligence management to be very relevant to the fight against crime. the conclusion of the study was also that how the intelligence analysis phase of the intelligence production process, particularly intelligence analysis is managed makes criminal intelligence management have much relevance and implications to the fight against crime and insecurity. again, the study also concluded that the way the consumption phase of the intelligence process including utilization, feedback and reviews is managed accounts for the relevance and implication of criminal intelligence management to the fight against crime an insecurity that threaten public safety. without doubt, intelligence-led policing has, of course, grown in much popularity since 1990s it birthed in nigeria and other third world countries. coupled with this, from investigation carried out in the course of this study shows that criminal intelligence management has much relevance and profound implication to the fight against crime and insecurity in nigeria. however, in spite of the little efforts government, its law enforcement agencies and other stakeholders in the criminal justice system had made to promote the cause of intelligence-led policing, in general, and criminal intelligence management in particular, the wave of crime and insecurity in benue state has continued to rise to a worrisome level. against the foregoing backdrop, a number of recommendations are made here towards promoting the cause of intelligence-led policing, particularly its integral component known as criminal intelligence management. first and foremost, the various law enforcement agencies in nigeria particularly the nigeria police should be made to see the need to fully jettison their old traditional method of policing known as the incident-based reactive approach (i.e wee-dem, wee-dem method), and in its place embrace the new fad in town known as the intelligence-led policing. to this end, a vigorous advocacy campaign in this direction should be used to sensitize the police and their sister organizations in the law enforcement sector in the country, particularly in benue state to recognize the fact that the traditional incentbased reactive approach to policing is no longer in vogue as part the security architecture all over the world. the reason is that the said approach, when compared to the modern approach known as intelligence-led policing, is considered to be too costly, too risky, and has little or no evidence to show that it has contributed much to the efforts at reducing the rising spate of criminality anywhere in the world, particularly in nigeria. criminal intelligence management and implications for security indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) 117 also considered to be very key to the efficient functioning of the intelligence-led policing approach are the intelligence unit, the management of the intelligence production process, otherwise known as the intelligence cycle, and the office of the intelligence analysts. police authorities should, therefore, pay priority attention towards enhancing the performance of the three cardinal components at all times. the most critical areas of concern here include staffing, conditions of service, and provision of the requisite operational facilities, among others. to this end, efforts should be made to recruit highly experienced persons well educated persons such as graduates of law, and other social science disciplines into the intelligence unit of the police or its sister agencies. it should also be ensured that such staff always possess good stock of knowledge, skills, and competences in modern techniques of collecting raw information, including forensic evidence and conversion of same through intelligence analysis into intelligence endproducts, and intelligence database management. as a corollary to the quality staffing challenge, well-structured staff development programmes that will comprise training, education, and mentorship should also be put in place to ensure regular availability of a crop of quality personnel in the intelligence unit at any given time. efforts should also be made to enhance, the conditions of service of the personnel of the intelligence unit, including competitive salary and other remuneration packages, and quality workplace environment, among others. thirdly, authorities of the organizations concerned should also ensure that enough operational logistics such as patrol vehicles, ict gadgets including computers, smart phones, technical cameras including cctv, walkie-talkies, gps devices, and television sets, among many others are provided to the intelligence units of the affected organisations regularly. in order to ensure regular and adequate supply of the aforementioned logistics, government should always ensure that adequate funds are provided to the nigeria police and sister organizations through both budgetary allocations and donor interventions. again, investigations show that there is much evidence to show that the community policing approach to fighting crime and insecurity in parts of nigeria has made significant contributions to the concerted efforts at reducing the rising level of criminality in the country, using the technique of local vigilantism. by way of maintaining effective regular interface with a vast number of local informants in their respective neighbourhoods both in the grassroots and urban areas, the various vigilante groups scattered across parts of nigeria have so far done well in extracting valuable raw information and physical evidence about criminal suspects and their evil plots and in j. t. gberinyer, i. okoro, & e. adishi 118 indonesian journal of advocacy and legal services, vol. 4 no. 1 (2022) passing same over to the regular law enforcement agents for use in producing criminal intelligence products. against the foregoing backdrop, therefore, this paper recommends that government, particularly the benue state government, the nigeria police, and its sister law enforcement agencies should ensure better and enhanced management of the various vigilante groups, including the recently created livestock guards operating in their respective neighbourhoods. the foregoing boils down to ensuring that these vigilant groups are regularly provided with adequate operational facilities, particularly patrol vehicles, motorcycles, torch lights, telephones, cameras, and walkie-talkies, among others; and that their personnel are given regular training on the modern techniques of community policing, local vigilantism, and intelligence and evidence gathering and reporting. f. acknowledgments none g. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. h. funding none i. references achumba, i. c, igbomereho, o. s. & akpan-robaro, m. o. 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(2009). the american approach to intelligence studies. in l.k. johnson (ed), handbook of intelligence, oxford: routledge. about author(s) jusine tever gberinyer is a researcher from school of postrgraduate studies, department of intelligence and security studies, novena university, oguma, delta state, nigeria. ikechukwu okoro is a lecturer and professor at the department of intelligence and security studies, novena university, oguma, delta state, nigeria. some of his works have been published on several journals such as analyzing the nexus of social sustainability with hierarchical modification and agency viability among commissioned military intelligence operatives of defense intelligence agency (2019). he is also a former us marine studies center. eric adishi is a lecturer from the department of intelligence and security studies, novena university, oguma, delta state, nigeria. some of his works have been published on several journals such as strategic culture and insurgencies in northern nigeria: challenges and prospects (journal of political science and leadership research, 2018); oil theft, illegal bunkering and pipeline vandalism: it’s impact on nigeria economy, 2015 – 2016 (2017); the role of extradition treaties in crime management and combating terrorism (international journal of trend in scientific research and development, 2018); unemployment, commercial motorcycle and crime in nigeria (international journal of trend in scientific research and development, 2017); and forensic technology and crime management in nigeria: a study of rivers state (research on humanities and social sciences, 2019). http://fabiosa.com.retrieved/ https://www.researchgate.net/publication/330768809_analyzing_the_nexus_of_social_sustainability_with_hierarchical_modification_and_agency_viability_among_commissioned_military_intelligence_operatives_of_defense_intelligence_agency https://www.researchgate.net/publication/330768809_analyzing_the_nexus_of_social_sustainability_with_hierarchical_modification_and_agency_viability_among_commissioned_military_intelligence_operatives_of_defense_intelligence_agency https://www.researchgate.net/publication/330768809_analyzing_the_nexus_of_social_sustainability_with_hierarchical_modification_and_agency_viability_among_commissioned_military_intelligence_operatives_of_defense_intelligence_agency https://www.academia.edu/43982796/strategic_culture_and_insurgencies_in_northern_nigeria_challenges_and_prospects https://www.academia.edu/43982796/strategic_culture_and_insurgencies_in_northern_nigeria_challenges_and_prospects https://www.semanticscholar.org/paper/oil-theft%2c-illegal-bunkering-and-pipeline-it%e2%80%99s-on-adishi-hunga/b95b007251e26bf241d2346063965ad273d1dc3b https://www.semanticscholar.org/paper/oil-theft%2c-illegal-bunkering-and-pipeline-it%e2%80%99s-on-adishi-hunga/b95b007251e26bf241d2346063965ad273d1dc3b https://www.semanticscholar.org/paper/the-role-of-extradition-treaties-in-crime-and-adishi-oluka/d856a72d46537c54eb6136f480c0d76211cd10d1 https://www.semanticscholar.org/paper/the-role-of-extradition-treaties-in-crime-and-adishi-oluka/d856a72d46537c54eb6136f480c0d76211cd10d1 https://www.semanticscholar.org/paper/the-role-of-extradition-treaties-in-crime-and-adishi-oluka/d856a72d46537c54eb6136f480c0d76211cd10d1 https://www.semanticscholar.org/paper/the-role-of-extradition-treaties-in-crime-and-adishi-oluka/d856a72d46537c54eb6136f480c0d76211cd10d1 https://www.semanticscholar.org/paper/the-role-of-extradition-treaties-in-crime-and-adishi-oluka/d856a72d46537c54eb6136f480c0d76211cd10d1 attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? 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this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d17a98a607 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 71 how economic rights for smes protected? analysis of national and international property rights law waspiah1*, rodiyah2, dian latifiani3, ridwan arifin4 1,2,3,4 faculty of law, universitas negeri semarang, indonesia corresponding author: waspiah, email: waspiahnajib@mail.unnes.ac.id abstract: small and medium enterprises (smes) in indonesia are growing rapidly and continuing to grow. these developments had a significant impact on economic growth for various sectors in indonesia. however, the dynamics of the development of smes are still overshadowed by the unclear protection of rights relating to intellectual property, including economic rights for smes. in fact, this right becomes an important part that is regulated both in national and international legal rules. the purpose of this study is to determine and compare the implementation of the protection of economic rights for smes in central java province, indonesia. this research method uses interview techniques and direct observation in several smes in central java. this study found that the protection of economic rights for smes had not been maximally carried out, even the number of smes did not yet obtain guaranteed recognition of the brand rights and copyrights of their products. this study concludes that in applying protection to economic rights for smes, collaboration between sectors and ministries is needed, not only the ministry of law and human rights, but also industry, trade and economy. keywords: economic rights; small and medium enterprises; intellectual property rights; international law; national law a. introduction national economic development based on article 33 paragraph (1) of the 1945 constitution of the republic of indonesia (1945 constitution) aims to improve indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 2 no. 1 (2020): 71-88. doi: 10.15294/ijals.v2i1.35285 submitted: 6 november 2019 revised: 23 february 2020 accepted: 18 march 2020 how to cite: waspiah, w., rodiyah, r., latifiani, d., & arifin, r. (2020). how economic rights for smes protected? analysis of national and international property rights law. indonesian journal of advocacy and legal services, 2(1), 71-88. https://doi.org/10.15294/ijals.v2i1.35285 waspiah, rodiyah, d. latifiani, r. arifin 72 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) the welfare of the people as a whole, not the welfare of individuals or groups and certain groups. therefore, the national economy must be arranged as a joint effort based on the principle of kinship to achieve prosperity and prosperity. to realize the people's welfare, it is done through various efforts, one of which is to increase the competitiveness of micro, small and medium enterprises (hereinafter referred as smes) in indonesia at this time. the role of smes has a strategic value in strengthening the national economy (people’s economy) so the government should give proper attention (strategy and policy) for empowerment (priority and alignment), which is seen as a group of business units that should be integrated in the national business world later can increase the standard of living and competitiveness. smes as the forerunners of the process of entrepreneurship need to be given closer attention from various aspects. since the change of the new order government from the old order, until the reform era, economic development has become the indonesian government's top priority. underdevelopment and the severe poverty left by the old order became the strong foundation of the desire of the new order government to develop the indonesian economy as a means to progress and prosperity of the people and it was also realized in the reform era government. furthermore, the industrialization process as carried out by developed countries and is believed to be able to bring breakthroughs that are quickly implemented, with the hope that indonesia’s traditional agricultural community will gradually become a modern industrial society.1 data from 2011 showed that the foreign exchange of smes has proven to be able to make a significant contribution to the formation of national gross domestic product (gdp) and exports. smes contribute 55.6 percent of current price gdp with an investment value of rp 640.4 trillion or 52.9 percent of the total investment. not only that, smes also earned foreign exchange of rp 183.8 trillion or 20.2% of the total economic sector in indonesia. in 2010 smes in indonesia were more than the number of sme actors. that is as much as 51.3 million business units or 99.91 percent of the total number of business operators in indonesia. the total workforce reaches 90.9 million workers, equivalent to 97.1 percent of all indonesian workers. even the data of the central statistics agency released the situation after the economic crisis the number of smes did not decrease, instead it increased its growth the most, even able to absorb 85 million to 107 million workers until 2012. in that year the number of employers in indonesia was 56,539,560 units. from this 1 kusumanigtuti, s.s., peranan hukum dalam penyelesaian krisis perbankan di indonesia, jakarta, rajawali press, 2019, pp. 36-38. how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 73 number, smes were 56,534,592 units or 99.99%. the remaining around 0.01% or 4,968 units are large scale businesses. this phenomenon explains that smes are productive businesses to be developed to support macro and micro economic development in indonesia and affect other sectors that can develop. one of the sectors that are affected by sme growth is the banking service sector that is audible, because almost 30% of sme businesses use operational capital from banks. however, within the smes itself still has many problems. the real performance faced by most businesses, especially smes in indonesia that is most prominent is the low level of productivity, low value added, and low quality of products. it must be acknowledged that smes provide employment for most workers in indonesia, but the contribution to national output is categorized as low. this is because smes, especially micro and small businesses (which absorb a lot of labor), have very low productivity. if wages are used as productivity, average wages in micro and small businesses are generally below the minimum wage. this condition reflects the productivity of the micro and small sectors is very low when compared to larger businesses.2 meanwhile, yoserwan3 revealed that policies that were more focused on achieving economic growth had resulted in the government prioritizing the development of large companies with the aim of generating foreign exchange. the policy was carried out with the assumption that the growth of its land would naturally give rise to equal welfare for the people, in accordance with the trickledown effect theory. so, this has caused various problems in smes, especially in indonesia. this theory—trickledown effect—recognized as an empowerment intervention whose first objective does not have to be marginal or poor communities. the emphasis is on intervention in people who have great potential, especially a matter of speed to develop. this approach emphasizes the emergence of growth because with the emergence of growth there will be a trickledown effect that will bring improvements to the welfare of the community, including the poor. if there are 100 people who will be empowered, just take one or two people first. with concentration in few people, attention can be fully concentrated. when one or two of these people 2 arto, a., & hutomo, b.s. “enam pilar insektisida” kebijakan pengembangan dan penguatan umkm berbasis kerjasama kemitraan dengan pola csr sebagai strategi peningkatan peran pemerintah dan perusahaan untuk menjaga eksistensi umkm dalam mea 2015’, economics development analysis journal, vol. 2 no. 2, 2013, pp. 98-109 3 yoserwan, hukum ekonomi indonesia dalam era reformasi dan globalisasi, padang, andalas university press., 2006, pp. 57-59. waspiah, rodiyah, d. latifiani, r. arifin 74 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) have succeeded, he can be asked to participate in fostering the empowerment of the surrounding community. with high achievement motivation, they finally succeeded, and it is this success that drives the community's economy. this success will bring the consequences of labor demand and raw materials to the surrounding community, and even bring up small shops or food stalls that provide the needs of employees. in many cases, there are those who have worked for the first person to be independent or go out alone to emulate so that similar businesses emerge in one area. this is called trickledown effect. without being moved, automatic growth will appear.4 the problems of smes involve a number of issues, such as structural imbalances in the allocation and control of resources, uncertainty in the state’s partisanship in developing the people's economy in policies and developing industrialization strategies, oligopolistic market structures, relatively limited performance in classical terms (classical human resources or human resources, capital and access to financial institutions, technology, management, marketing and information), the occurrence of policy distortions and inconsistencies concerning development efforts.5 (hubeis, 2015; arliman 2017). another issue relates to economic contributions in the context of economic rights in the development of smes in indonesia such as trademarks and branding. previous researches highlighted the problems of economics contribution especially concerning to the legal protection.6 in responding to the economic contribution of the copyright-based industry, there are some basic concepts that must be stated to build the same perception. first, this research takes the definition of copyright as an individual property. although there may be what is called communal 4 jaya, p.h.i. ‘trickle down effect: strategi alternatif dalam pengembangan masyarakat’, welfare, jurnal ilmu kesejahteraan sosial, vol. 1 no. 1, 2012, pp. 6986; wilantara, r. f., & indrawan, r. strategi dan kebijakan pengembangan umkm: upaya meningkatkan daya saing umkm nasional di era mea, bandung, refika aditama, 2016, pp. 58-60. see also, darwin, d. ‘umkm dalam perspektif pembiayaan inklusif di indonesia (msmes on inclusive financing perspective on indonesia)’, jurnal ekonomi dan pembangunan, vol. 26 no. 1, 2018, pp. 59-76. 5 hubeis, m., prospek usaha kecil dalam wadah inkubator bisnis. bogor, ghalia indonesia, 2015, pp. 77-78; arliman, l. ‘perlindungan hukum umkm dari eksploitasi ekonomi dalam rangka peningkatan kesejahteraan masyarakat (umkm legal protection from economic exploitation to improve social welfare)’. jurnal rechtsvinding, vol. 6 no. 3, 2017, pp. 387-402. 6 cakrawibawa, r.a., & roisah, k. ‘the consumer protection issues toward the trademark circulation of the counterfeit health products’, law reform, vol. 15 no. 2, 2019, pp. 1-11; hayuningrum, y.w., & roisah, k. ‘perlindungan hak ekonomi terhadap penggunaan merek dalam perjanjian waralaba’, law reform, vol. 11 no. 2, 2015, pp. 255-263; roisah, k. ‘kebijakan hukum “tranferability” terhadap perlindungan hak kekayaan intelektual di indonesia’, law reform, vol. 11 no. 2, 2015, pp. 241-54. how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 75 copyright, the basis for studying the economic contribution of copyright is recognition of copyright as private property. property rights are defined as “the ability of individuals to own, buy, sell and use their property in a market economy” (wipo, 2002). being a property right, the economic value of copyright can be measured and calculated with a certain methodology. the methodology developed to calculate the economic contribution of copyright is based on an understanding of the difference between a work protected by copyright and the ‘means of delivery’ or means of delivery where the work appears on the market and is available for consumption. wipo (2002) states that the main difference between protected work and shipping methods is that the first has the characteristics of public goods, while the way to delivery is usually private goods. for example, songs are protected by copyright, but music cds are shipping tools. copyrights itself only refers to aspects of intellectual property, and not the means of delivery. however, the shipping method is an intermediary of the copyright for consumption by the market. the functional relationship between production and trade with shipping equipment is interdependence. therefore, the methodology developed to calculate the economic contribution of copyright includes several proportions of activities in the delivery of copyright products.7 then various issues related to economic contributions and economic rights in the acquisition of copyright for smes in indonesia are the focus of this paper. b. method the paradigm used in research is constructivism (legal constructivism) in the context and substance of the substance of policy formation.8 the constructivist paradigm is as a critique of positivistic social science. constructivism can be traced from weber's thought which characterizes that human behavior is fundamentally different from natural behavior. humans act as agents in producing social reality. the way construction is carried out on how to understand or give meaning to their own behavior. legal constructivism simply incorporated the epistemology of welfare economics for 7 dewi, i.j. ‘a study on the economic contribution of copyright and related right industries in indonesia’. procedia-social and behavioral sciences vol. 115, 2014, pp. 207-220 8 agus salim, teori dan paradigma penelitian sosial (pemikiran norman k. denzin dan egon guba, dan penerapannya), yogyakarta, pt. tiara wacana, 2001, p. 33; norman denzin and ys lincoln, introduction: the discipline and practice of qualitative research. in n denzin and ys lincoln, eds, handbook of qualitative research, second edition, london, sage, 2000), p. 125 waspiah, rodiyah, d. latifiani, r. arifin 76 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) the purpose of factual analysis. but it is an activist and "progressive" political strategy that ackerman believes the new deal revolution compels legal culture to pursue.9 this research is an empirical legal research. this means that the enactment of the law must be in accordance with higher rules, or the formation of the methods that have been determined at the same time to find out how the law is implemented in the law enforcement process. this research will examine the right to economy in copyright for smes in indonesia in the context of national and international legal rules. research data obtained by conducting interviews, observation, interpretation of documents and materials and personal experience. in accordance with the constructivism paradigm and the hermeneutic approach, the researcher takes the position as a facilitator in conducting observations using the participatory principle. indepth interviews were conducted with open-ended questions but did not rule out the possibility of being conducted closed especially with informants who had a lot of information.10 c. result and discussion 1. basic concept of economic rights protection for smes intellectual property must be seen as a power tool for economic growth, not an unclear legal concept. intellectual property rights protection plays an important role in driving technological change and facilitating economic growth. the value of intellectual property is often not adequately valued and its potential to provide opportunities for potential future benefits is broad and is often underestimated by smes. however, when intellectual property is legally protected and there is demand for products and or services where intellectual property is protected in the trade and market sectors, intellectual property can become a valuable business asset11, and copyright is included in the scope of intellectual property studies. the birth and development of copyright in the realm of material law has a long chronological journey and have experienced dark periods in its history. in general, the history of the birth of copyright is considered to begin in england in the early 17th century and in france at the end of the 17th 9 alexander, g.s. ‘interpreting legal constructivism’, cornell law review, vol. 7 no. 1, 1985, pp.149-254. 10 ridwan arifin, waspiah, & dian latifiani, penulisan karya ilmiah untuk mahasiswa hukum, semarang, bpfh unnes, 2018, pp. 35-37. 11 sukarmijana, s.s. & sapong, o.d.v. ‘the importance of intellectual property for smes: challenges and moving forward’. umk procedia 1, 2014, pp. 74-81 how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 77 century. the reason for the history of the birth of copyright began in england and france is because britain and france are considered to represent the two legal system regimes in force in the world today. the two different legal systems have also given rise to the concepts of economic right and moral right in copyright. from the history of the birth of the copyright of the two countries, we can understand why common law countries generally prioritize the economic rights (creation rights) of a work rather than the personal rights of the creator as practiced in civil law countries that have given birth to moral rights.12 the basic concept of economic rights begins with the history of copyright in the united kingdom born on the foundation of the practical business of printing and publishing books that are very monopolistic and capitalistic that ignores the creator's personal rights to his creation, but along with its development experienced changes which initially only for the benefit of business for the british empire then turned out to be perfect with the recognition of the creator manifested in the form of economic royalties and also on the foundation of jhon locke’s thought at the time.13 meanwhile, the concept of moral rights developed initially in france, almost the same as in england, but in france the copyright is known as the droit d’auteur or copyright in france is different from the concept of copyright in england. the concept of droit d'aauteur places a creation as de i’esprit or a work of mind which is the result of human intellectuals. therefore, a work is inseparable from the personality of the creator and this right will be forever attached to the creator even though the work is transferred ownership to another party. based on the concept of droit d'auteur which also inspired the birth of the concept of moral rights from an unknown creator in common law countries and also the ideas of george hegel who at that time in france which recognized that human self-identity arising from his work or creation. furthermore, related to economic rights, it is also said that the value of a copyrighted work is determined by the beauty of the appearance, the uniqueness of the form, or scarcity, as well as the aesthetic and artistic nuances that can be enjoyed by the public. the reputation of previous works and the scarcity of their availability also affect the value of the work. often a creator limits his creation in a limited number. often the greatness of the previous creation becomes the prestige of quality equalizers. in addition, the means of promotion, including ways of sensation and criticism can be a factor in boosting the economic value of creation. these factors play a role in 12 ginting, e.r. hukum hak cipta indonesia, bandung, pt. citra aditya bakti, 2012, pp. 78-79. 13 ibid., pp. 86-87 waspiah, rodiyah, d. latifiani, r. arifin 78 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) building people's interest and attention which in turn will form a strong and broad market segment. all of these factors basically complement the economic valuation of the creation, in addition to all the components that have been contributed by the creator, both in the form of time, energy and cost in creating his work.14 economic rationality also further justifies copyright protection. in essence, protection must be given to allow all the costs and efforts of the creators to be repaid. copyright protection is not solely directed at protecting the creativity of the creator, but on the economic interests associated with the creation. meanwhile, the provisions concerning economic rights are stipulated in the copyright act (article 8 of law number 28 of 2014 concerning copyright), where economic rights are the exclusive right of the creator or copyright holder to obtain economic benefits for the work. utilization of the economic right to do: (1) issuance of the work; (2 doubling of creation in all its forms; (3) translation of creation; (4) the adaptation, arrangement, or transformation of the work; (5) distribution of works or copies; (6) performing creations; (7) announcement of the work; (8) communication of creation; and (9) rental of creation. the content of economic rights is definitively affirmed in articles 1 number 5 and 6 of the copyright act no. 19 of 2002, respectively concerning announcement and reproduction.15 in article 1 number 5 of the copyright law number 19 of 2002 which stated that announcement is the reading, broadcasting, exhibition, sale, distribution, or distribution of a work using any instrument, including internet media, or doing in any way so that a work can be read, be heard or seen by others. whereas in article 1 number 6 of the copyright law number 19 of 2002, stated that multiplies is the addition of the amount of something created, both in whole or in very substantial part by using the same or unequal materials, including permanent or temporary transform.16 furthermore, in the same context, the protection of economic rights for smes in indonesia is regulated not only in the copyright act, but also the 1945 constitution and the law on smes. article 28 h of the 1945 constitution of the republic of indonesia stated that: “everyone has the right to get special facilities and treatment to obtain equal opportunities and benefits to achieve equality and justice.” in the context of developing the 14 soelistyo, h. hak cipta tanpa hak moral, jakarta, rajawali press, 2011, pp. 25-28. 15 ibid., pp. 30-31 16 waspiah, w. teori dan perkembangan hukum kekayaan intelektual (dinamika nasional dan internasional). semarang, bpfh unnes, 2019, pp. 55-57. how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 79 business climate, various affirmative policies for smes have been implemented through various legislation, including law number 20 of 2008 concerning micro, small and medium enterprises (smes act), which was drafted with the intention of increasing the capacity and participation of micro, small and medium enterprises in the national economy. in the provisions of article 7 of the smes act it is emphasized that the government and regional governments foster a business climate by stipulating laws and regulations that include aspects of: a. funding; b. facilities and infrastructure; c. business information; d. partnership; e. business licensing; f. business opportunity; g. trade promotion; and h. institutional support. in addition, the government and regional governments are also instructed by the umkm law to facilitate business development in the fields of: a. production and processing; b. marketing; c. human resources; and d. design and technology.17 2. implementation of protection of economic rights for smes in indonesia (national and international context) in order to foster a business climate and facilitate business development, the government and regional governments facilitate ownership of intellectual property rights for products and designs of micro, small and medium enterprises in domestic and export business activities and encourage micro, small and medium enterprises to obtain rights certificates for intellectual property. as it is known that the protection of intellectual property has an important meaning for the business world. intellectual property is the key to competition and the development of a business. understanding intellectual property rights (ipr) is not only useful to protect business, but also ensures that a business does not violate the law due to ipr violations. smes as national economic actors have a very important role in economic development, this is because their business activities are able to expand the workforce and provide broad economic services to the community. therefore, it is fitting for smes to have the same opportunity and even to be given special privileges, especially in the field of intellectual property. based on the provisions of article 1 jo article 6 of law number 20 of 2008 concerning micro, small and medium enterprises, it is stated that: a) micro businesses are productive businesses owned by individuals and / or individual business entities that meet the criteria of having net assets of 17 sihombing, e.n.a.m. ‘kebijakan afirmatif bagi usaha mikro, kecil dan menengah di bidang kekayaan intelektual (affirmative policy for micro, small and medium enterprises in the field of intellectual property)’, rechtsvinding, vol. 7 no. 3, 2018, pp. 427-444; waspiah. ibid., pp. 60-61. waspiah, rodiyah, d. latifiani, r. arifin 80 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) no more than rp 50,000,000 (fifty million rupiah) excluding land and buildings where the business is located; or have annual sales results of at most rp.300,000,000.00 (three hundred million rupiah). b) small business is a productive economic business that stands alone, which is carried out by individuals or business entities that are not subsidiaries or branch companies that are owned, controlled, or become a part either directly or indirectly of medium enterprises or large enterprises that meet criteria for having a net asset of more than rp 50,000,000 (fifty million rupiah) up to a maximum of rp 500,000,000.00 (five hundred million rupiah) excluding land and buildings for business premises; or has annual sales results of more than rp.300,000,000.00 (three hundred million rupiah) up to a maximum of rp2,500,000,000.00 (two billion five hundred million rupiah). c) medium business is a productive economic business that stands alone, which is carried out by individuals or business entities that are not subsidiaries or branch companies that are owned, controlled, or become a part either directly or indirectly with small business or large business with the criteria of owning net assets of more than rp.500,000,000.00 (five hundred million rupiah) up to a maximum of rp10,000,000,000.00 (ten billion rupiah) excluding land and buildings for business premises; or has annual sales results of more than rp2,500,000,000.00 (two billion five hundred million rupiah) up to a maximum of rp50,000,000,000.00 (fifty billion rupiah). in addition to using monetary values as a criterion for determining the types of smes, a number of government agencies, such as the central statistics agency (bps), have also used the number of workers as a measure to differentiate business scales between micro, small, medium and large businesses. according to bps, micro businesses (or in the general manufacturing industry sector called the home industry) are business units with a number of permanent workers of up to 4 people, small businesses of between 5 and 19 workers; and medium-sized businesses between 20 and 99 workers.18 furthermore, it some researches emphasized that small-medium sized enterprises (smes) play a pivotal role in both developed and developing economies in terms of employment generation, output growth, export growth, poverty alleviation, economic empowerment and the wider distribution of 18 taufik, a.i. ‘evaluasi regulasi dalam menciptakan kemudahan berusaha bagi umkm’, rechtsvinding vol. 6 no. 3, 2017, pp. 375-392. how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 81 wealth.19 however, it is also highlighted that for many smes their full potential is often not realized due to a number of factors relating to the scale of their businesses: lack of resources (finance, technology, skilled labor, market access, and market information); lack of economies of scale and scope; higher transaction costs relative to large enterprises; lack of networks that can contribute to a lack of information, knowledge and experience of domestic and international markets; increased market concentration with globalization; an inability to compete against larger firms in terms of r&d expenditure and innovation (product, process and organization); they are subject to considerable ‘churning’ and instability; and they lack entrepreneurial zeal and know-how.20 in addition, many small businesses find that their geographical isolation puts them at a competitive advantage. despite these substantial obstacles the east asian region remains heavily dependent upon smes, particularly for employment generation, including indonesia. in accordance with the times, the regulation of the rights possessed by every human being, including the case with intellectual property rights (ipr), is a necessity.21 intellectual property rights (ipr) is a right that is born from the results of human thought if realized in the form of intellectual work. wiradirja & munzil22 stated that ipr is a right that comes from the results of creative activities, the ability of human thought that has benefits and is useful in supporting human life, also has economic value. considering that ipr is the result of creative activities, it is fitting for ipr to obtain legal protection. robert m. sherwood, as quoted by wiradirja & munzil (2018), stated that various theories that underlie the need for legal protection for ipr, namely: 1) reward theory, which has a very deep meaning on intellectual work that has been produced by someone so that the inventor/creator or designer must be given an award as a counterpart to his creative efforts in finding / creating the intellectual work. 19 harvie, c. (2010). ‘smes and regional production networks’, on thanh, v.t., narjoko, d., oum, s. (eds). (2010). ‘integrating small and medium enterprises (smes) into the more integrated east asia’, eria research project report no. 8. 20 ibid. 21 djulaeka, d. konsep perlindungan hak kekayaan intelektual (perspektif kajian filosofis haki kolektif komunal), malang, setara press, 2014, p. 22 22 wiradirja, i.r., & munzil, f. pengetahuan tradisional dan hak kekayaan intelektual (perlindungan pengetahuan tradisional berdasarkan asas keadilan sui generis intellectual property system). bandung, refika aditama, 2018, pp. 36-39. waspiah, rodiyah, d. latifiani, r. arifin 82 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 2) recovery theory, states that the inventor / creator or designer who has spent time, money and energy in producing his intellectual work must recover what he has issued. 3) incentive theory, which links the development of creativity with providing incentives needs to be provided to strive for the promotion of useful research activities. 4) risk theory, that ipr is a work containing risks. intellectual property rights which is the result of a research contains risks which may allow other people to first disclose the method or improve it so that it is reasonable to provide legal protection for efforts or activities that carry risks. 5) economic growth stimulus theory, this theory recognizes that protection of ipr is a tool of economic development and what is meant by economic development is the overall objective of establishing an effective ipr protection system. ipr is a source of material wealth for its owner, and one aspect of special ipr rights is economic rights.23 economic rights are the rights to obtain economic benefits over intellectual property. the economic right is taken into account because ipr can be used / utilized by other parties in industry or trade that brings profits, in other words ipr is the object of trade. muhammad also emphasized that in industrial and trade activities, economic benefits can not only be enjoyed by the owner but also by other parties.24 how to obtain economic benefits, among others: 1) ipr is used to run a particular business for its own owner, for example trademarks and service marks. 2) intellectual property rights is embodied in the form of an industrial design model and then marketed to consumers, for example architectural works. 3) intellectual property rights are transferred to other parties through a license (permit) so that the owner gets a double profit from his own use and from licenses for example copyright is licensed to the producer, trademark rights are licensed to trading companies, patents are licensed to industrial companies. in the context of smes, according to the directorate general of intellectual property rights of the ministry of law and human rights of the republic of indonesia (2004), it has been confirmed that ipr has a positive 23 muhammad, a.k. kajian ekonomi hak kekayaan intelektual. bandung: citra aditya bakti, 2007, pp. 112-115. 24 ibid., p. 118. how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 83 influence, at least there are several benefits that can be seen from the economic, legal protection and creativity side, including: 1) as a company asset, ipr is one of the key supporters so that the business can be successful because it can be used as a financial asset for the company. iprs can be exploited by their owners through sales, licenses, transfers or can also be used as a means of capital planning. even inventors / industrialists' patents because they promise no small profits, and can be used as a means to obtain / increase capital / profits. 2) as a support for business development, a business that in producing certain products / services always strives to maintain that the quality of the products / services it produces is always good, guaranteed to immediately gain public trust. to attract the attention of the public and simultaneously introduce it quickly and tactically the use of certain brands is expected to realize that desire. ipr-based products that have been trusted by the community will be able to support further business development. business development that can be done not only includes increasing the number of products / services produced but can also develop in the form of other products / services, or even with the increasing number of places of business. 3) as legal protection and prevention of unhealthy business competition and enhancing competitiveness, every business / business will not be separated from competition, both on a local, regional and international scale. with the availability of the ipr system it is expected that unhealthy competition can be prevented / eliminated. in practice, ipr protection systems are rarely used to prohibit competitors from producing the same / similar goods / services. instead, through this system, efforts to limit competitors are made by offering the possibility to obtain a license. through this mechanism, it is hoped that the distribution of products and related technologies to the licensee can be carried out. at the same time, commensurate royalty payments are expected to be obtained by ipr owners. products, services and other works that empower the ipr system and have been trusted by the public will not only support further business development but can also increase competitiveness and gain more markets large. 4) as a driver for innovation and creativity, ipr is an exclusive right imposed by the state as a tribute to one's intellectual work. through this award, inventors / creators are expected to be encouraged / stimulated to innovate in further developing their intellectual work. waspiah, rodiyah, d. latifiani, r. arifin 84 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 5) as an image building, a quality product that is protected by ipr will be easily recognized and favored by the public. furthermore, the use of ipr continuously will form an image of related products. in the same context, in central java province itself, the protection of economic rights is regulated through the regional regulation of the province of central java number 13 of 2013 concerning empowerment of micro, small and medium enterprises, which in essence is empowering smes to: 1) realize the structure of the economy in a balanced, developing and just region; 2) grow, protect and develop smes to be tough and independent; 3) increasing the role of msmes in regional development, job creation, income distribution, poverty alleviation and economic growth; 4) increase public participation and the business world to grow smes; 5) increasing msme productivity, competitiveness, and market share; 6) foster entrepreneurial spirit; 7) increase access to productive resources and wider markets; 8) enhance the role of msmes as strong, professional and independent economic actors; and 9) develop local superior products based on local resources. in addition to the regional regulation, several other rules in central java that serve as guidelines in the protection, empowerment, and development of msmes are as follows: 1) regional regulation no. 2 of 2012 concerning management guidelines cooperative. 2) regional regulation no. 13 of 2013 concerning empowerment of micro and small and medium enterprises. 3) governor regulation no. 2 of 2012 concerning technical guidelines for implementing regional regulation no. 2 of 2012 concerning guidelines for cooperative management. 4) instruction of the governor of central java no. 518/23546 of 2011 concerning the development of superior products in rural areas through the cooperative-based one village one product (ovop) approach in central java province. 5) central java governor circular no. 518/06544 on the 31st march 2011 concerning strengthening microfinance institutions and joint business groups by facilitating the establishment cooperative. 6) central java governor circular letter no. no.518 / 15158 dated august 5, 2011 concerning comprehensive inactive management of cooperatives with regencies / cities how economic rights for smes protected? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 85 7) central java governor circular no. 518/17567 dated 21 september 2011 concerning central java souvenir and food shopping centers in each regency / city 8) central java governor circular no. 518/016736/2013 dated 25 september 2013 concerning the development of cooperatives as a popular economy movement. d. conclusion the implementation of the protection of economic rights for smes in indonesia, especially in central java, is regulated in the copyright act, the smes act, and several regional regulations in central java. these economic rights relate to the acquisition of copyrights and brands, as well as the economic benefits of smes products. the lack of copyright registration for smes must be encouraged by the government by making a special scheme that facilitates the copyright registration process. in a global context, these economic rights are also considered basic rights (including human rights) that must be fulfilled by the state by providing optimal and appropriate protection. e. acknowledgments authors would like to express the thakfullness to faculty of law, universitas negeri semarang, as well as to research and community services unit universitas negeri semarang. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and/or publication of this article. g. funding research and community services universitas negeri semarang grants h. references alexander, g.s. 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strengthening microfinance institutions and joint business groups by facilitating the establishment cooperative. central java governor circular letter no. no.518 / 15158 dated august 5, 2011 concerning comprehensive inactive management of cooperatives with regencies / cities central java governor circular no. 518/17567 dated 21 september 2011 concerning central java souvenir and food shopping centers in each regency / city central java governor circular no. 518/016736/2013 dated 25 september 2013 concerning the development of cooperatives as a popular economy movement. copyrights © 2020 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d288f02055 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare current commentary indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 163 current commentary social injustice in the industrial revolution 4.0 aprila niravita faculty of law, universitas negeri semarang, indonesia managing editor, indonesian journal of advocacy and legal services ijals@mail.unnes.ac.id, aprilaniravita@mail.unnes.ac.id social justice issues can occur in relation to practically any aspect of society where inequality can arise as a result of unjust prejudices or policies.1 social justice issues can be delineated into two categories, although they are often co-dependent: inter-social treatment and unequal government regulation.2 unequal government regulation involves laws and regulations that purposefully or otherwise create conditions that obstruct, limit, or deny a group(s) access to the same opportunities and resources, relative to the rest of society. these laws can intentionally (explicitly) or unintentionally (implicitly) create the conditions for social injustice. areas in which government policy often gives rise to social inequality and injustice include:3 1. voting laws (i.e. redistricting and voter id) 2. policing laws (i.e. traffic, search and seizure, and drug scheduling) 3. environmental laws (i.e. clean water and air, industrial waste disposal) 4. health care laws (i.e. insurance mandates and coverage eligibility) 5. education laws (i.e. public school segregation and integration) 6. labor laws (i.e. worker’s rights, occupational health and safety) social justice is a concept of fair and just relations between the individual and society. this is measured by the explicit and tacit terms for the distribution of wealth, opportunities for personal activity, and social privileges. in western as well as in older asian cultures, the concept of social justice has often referred to the process of ensuring that individuals 1 https://www.pachamama.org/social-justice/social-justice-issues 2 ibid. 3 ibid. indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 2 (2020): 163-168 doi: 10.15294/ijals.v1i2.36509 submitted: 1 january 2020 revised: 3 january 2020 accepted: 5 january 2020 https://en.wikipedia.org/wiki/justice https://en.wikipedia.org/wiki/individual https://en.wikipedia.org/wiki/society https://en.wikipedia.org/wiki/distribution_of_wealth https://en.wikipedia.org/wiki/equal_opportunity https://en.wikipedia.org/wiki/privilege_(social_inequality) https://en.wikipedia.org/wiki/privilege_(social_inequality) https://en.wikipedia.org/wiki/western_civilization https://en.wikipedia.org/wiki/culture_of_asia https://www.pachamama.org/social-justice/social-justice-issues aprila niravita 164 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) fulfill their societal roles and receive what was their due from society.4 in the current global grassroots movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets and economic justice.5 social justice assigns rights and duties in the institutions of society, which enables people to receive the basic benefits and burdens of cooperation. the relevant institutions often include taxation, social insurance, public health, public school, public services, labor law and regulation of markets, to ensure fair distribution of wealth, and equal opportunity.6 in the further context, social injustice can be described as a situation in which dominant population is made known of the inequity that leads for others due to their relative position in the structure of power. social injustice is also the way unjust actions are done in the society. social injustice occurs in a situation where the equals are treated unequally and the unequal is treated equally. three common examples of social injustice include: discrimination, ageism, and homophobia.7 one of social injustice is discrimination, and discrimination itself is found in education, housing, employment, voting, lending and credit, land use, health care services, transportation, public accommodations, and government benefits and services. discrimination is described as unequal treatment of persons, for a reason which has nothing to do with legal rights or ability. discrimination is considered illegal by the federal and state laws of the united states of america. these laws prohibit discrimination in employment, availability of housing, rates of pay, right to promotion, educational opportunity, civil rights, and use of facilities based on race, nationality, creed, color, age, sex, or sexual orientation. discrimination 4 aristotle, the politics (ca 350 bc); clark, mary t. (2015). "augustine on justice," a chapter in augustine and social justice. lexington books. pp. 3–10. isbn 978-1-49850918-3; banai, ayelet; ronzoni, miriam; schemmel, christian (2011). social justice, global dynamics: theoretical and empirical perspectives. florence: taylor and francis. isbn 978-0-203-81929-6. 5 kitching, g. n. (2001). seeking social justice through globalization escaping a nationalist perspective. university park, pa: pennsylvania state university press. pp. 3–10. isbn 978-0-271-02377-9. hillman, arye l. (2008). “globalization and social justice”. the singapore economic review. 53 (2): 173-189. doi: 10.1142/s0217590808002896; agartan, kaan (2014). “globalization and the question of social justice”. sociology compass. 8 (6): 903–915. doi: 10.1111/soc4.12162; el khoury, ann (2015). globalization development and social justice : a propositional political approach. florence: taylor and francis. pp. 1–20. isbn 978-1-317-50480-1; lawrence, cecile & natalie churn (2012). movements in time revolution, social justice, and times of change. newcastle upon tyne, uk: cambridge scholars pub. pp. xi– xv. isbn 978-1-4438-4552-6. 6 john rawls, a theory of justice (1971) 4, “the principles of social justice: they provide a way of assigning rights and duties in the basic institutions of society and they define the appropriate distribution of benefits and burdens of social co-operation.” 7 chinemerem isioma, social injustice: discrimination, elevate the honor society magazine, april 14, 2016, https://www.honorsociety.org/articles/social-injusticediscrimination https://en.wikipedia.org/wiki/role_theory https://en.wikipedia.org/wiki/grassroots https://en.wikipedia.org/wiki/social_mobility https://en.wikipedia.org/wiki/social_safety_net https://en.wikipedia.org/wiki/social_safety_net https://en.wikipedia.org/wiki/economic_inequality https://en.wikipedia.org/wiki/institution https://en.wikipedia.org/wiki/taxation https://en.wikipedia.org/wiki/social_insurance https://en.wikipedia.org/wiki/social_insurance https://en.wikipedia.org/wiki/public_health https://en.wikipedia.org/wiki/state_school https://en.wikipedia.org/wiki/public_services https://en.wikipedia.org/wiki/labor_law https://en.wikipedia.org/wiki/regulation https://en.wikipedia.org/wiki/market_(economics) https://en.wikipedia.org/wiki/fairness_(disambiguation) https://en.wikipedia.org/wiki/distribution_of_wealth https://en.wikipedia.org/wiki/equal_opportunity https://en.wikipedia.org/wiki/equal_opportunity https://en.wikipedia.org/wiki/aristotle https://en.wikipedia.org/wiki/the_politics https://drive.google.com/open?id=0b5cqduwg9kd8djvcrfoyqtzys0k https://drive.google.com/open?id=0b5cqduwg9kd8djvcrfoyqtzys0k https://drive.google.com/open?id=0b5cqduwg9kd8djvcrfoyqtzys0k https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-1-4985-0918-3 https://en.wikipedia.org/wiki/special:booksources/978-1-4985-0918-3 https://drive.google.com/open?id=0b5cqduwg9kd8exzmwhu3ckpqvuk https://drive.google.com/open?id=0b5cqduwg9kd8exzmwhu3ckpqvuk https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-0-203-81929-6 https://drive.google.com/open?id=0b5cqduwg9kd8v3hpa0v1ekfqzms https://drive.google.com/open?id=0b5cqduwg9kd8v3hpa0v1ekfqzms https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-0-271-02377-9 https://drive.google.com/open?id=0b5cqduwg9kd8r2twbxfmelhzvda https://drive.google.com/open?id=0b5cqduwg9kd8r2twbxfmelhzvda https://doi.org/10.1142%2fs0217590808002896 https://drive.google.com/open?id=0b5cqduwg9kd8qm8zchrrq0xfn2c https://drive.google.com/open?id=0b5cqduwg9kd8qm8zchrrq0xfn2c https://doi.org/10.1111%2fsoc4.12162 https://drive.google.com/open?id=0b5cqduwg9kd8mtk1qkp2b0zandg https://drive.google.com/open?id=0b5cqduwg9kd8mtk1qkp2b0zandg https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-1-317-50480-1 https://drive.google.com/open?id=0b5cqduwg9kd8mwpssgrwullxtee https://drive.google.com/open?id=0b5cqduwg9kd8mwpssgrwullxtee https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-1-4438-4552-6 https://www.honorsociety.org/members/chinemerem-isioma https://www.honorsociety.org/articles/social-injustice-discrimination https://www.honorsociety.org/articles/social-injustice-discrimination current commentary indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 165 always promotes or reveals unfair treatment of a person or a particular group of people on the basis of prejudice and partiality which could lead to emotions such as frustration and anger. discrimination seen or considered as a mild or serious form of suffering, with anger sometimes, in particular, if applicable, anger at the person or persons who caused it. this is why discrimination is considered or seen as a social injustice issue in our society today.8 in the other hands—the industrial revolution 4.0 era—brings it own challenges, especially for social justice and law protection for people. beth r. holland emphasized that technology has always instigated revolution— whether the development of tools to progress from the stone age to an agricultural society, advancements in steam and electricity to propel the industrial revolution, or the introduction of computers into the labor market to activate the knowledge economy. in 2016, at the world economic forum, scholars, entrepreneurs, and thought-leaders announced the arrival of a new, 4th industrial revolution. one marked not by a single technology but by the fusion of digital, physical, and biological systems that could fundamentally change the nature of what it means to be human.9 the 4th industrial revolution requires us to be human and humane, knowledgeable and adept at seeking out new knowledge, capable of building connections as well as seeing them within a complex network of digital sources. education will require more than just the acquisition of basic skills and will need to include the ability to forge connections with others—both in person and online, to promote the shared values of society, and to recognize the role of technology in fostering a global community. in this new era, technology brings the promise of equity in access to information and the possibility for advancement in society. however, for this revolution to occur, we—as educators—need to stop talking about technology as boxes, wires, and tools. instead, we need to recognize it as an opportunity to prepare all students for success in a global community. failure to do so would be nothing short of social injustice.10 in the same context, christophe degryse, stated that 4th industrial revolution also contains its share of new risks in the world of labour, including the ‘remake’ of existing jobs, the destruction of many of them, the relocation of countless others. for society as a whole, it is a prospect accompanied by the threat of increased polarisation between the ‘winners’ and the ‘losers’ of the digital economy.11 8 ibid. 9 beth r. holland, technology: the social justice issue of the 4th industrial revolution, 2017, https://brholland.com/technology-the-social-justice-issue-of-the-4th-industrialrevolution-2/ 10 ibid. 11 christophe degryse, here are the new social risks of the fourth industrial revolution, social europe, february 29, 2016, https://www.socialeurope.eu/here-arethe-new-social-risks-of-the-fourth-industrial-revolution https://www.socialeurope.eu/author/christophe-degryse https://brholland.com/technology-the-social-justice-issue-of-the-4th-industrial-revolution-2/ https://brholland.com/technology-the-social-justice-issue-of-the-4th-industrial-revolution-2/ https://www.socialeurope.eu/author/christophe-degryse https://www.socialeurope.eu/here-are-the-new-social-risks-of-the-fourth-industrial-revolution https://www.socialeurope.eu/here-are-the-new-social-risks-of-the-fourth-industrial-revolution aprila niravita 166 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) even, it is also stated that industrial revolution 4.0, set to trigger fundamental socio-economic transformations across the globe. the complexity, scale and depth of this industrial revolution are expected to transcend those of its predecessors, as the bulk of imminent technological breakthroughs are likely to have an impact on the organization of our daily lives.12 the 4th industrial revolution also gives the potential for extensive social challenges, tensions and erosion of certain values is also colossal as we approach a new industrial revolution. to start with, increased automation and widespread use of robotic technology might substantially disrupt the existing structure of labor markets and escalate unemployment and could yield to greater economic inequalities over time. the gap between highly skilled, highly paid white collar employees and low skilled, low paid blue collar labor is set to increase at a greater pace with the added importance of technological integration and emphasis on innovation, which might, in turn, gradually weaken the middle classes and stimulate democratic apathy.13 but more importantly, intense exposure to mass communications, integrated knowledge systems and digital marketing is likely to eradicate the sense of personal and communal privacy. both employees involved in the production and distribution stages of the economic cycle, and individual consumers will be closely monitored through artificial intelligence and digitization, which will leave very limited space for personal privacy. furthermore, increased automation and digitization is bound to accelerate the isolation of individuals as economic units and weaken existing bonds of family and kinship. traditional social relations that start from the family and expand through neighborhood groupings, religious affiliations and hometown associations could weaken, producing a vacuum of belongingness over the course of the paradigmatic transition. common values transferred from one generation to the next, such as faith, ethics, decency, respect, tolerance, justice and compassion might be increasingly difficult to disseminate as humanity is surrounded by an integrated network of machines, robots and computers.14 social challenges are mainly the immense risk of cybercrime due to increased connectivity, and job losses due to the automation of large segments of operations in many industries as part of industry 4.0. although new opportunities may appear for high-skill categories, as argued by drucker15, but will the volume of these new jobs meet the supply of labour? 12 “industrial revolution 4.0 and social values: industrial revolution 4.0, set to trigger fundamental socio-economic transformations across the globe”, daily sabah, february 25, 2017, https://www.setav.org/en/industrial-revolution-4-0-and-social-values/ 13 ibid. 14 ibid. 15 p drucker, 2014. innovation and entrepreneurship. new york: routledge; rabeh morrar, husam arman, saeed mousa, the fourth industrial revolution (industry 4.0): a social innovation perspective, technology innovation management review, november 2017, volume 7, issue 11, pp. 12-20. http://doi.org/10.22215/timreview/1117 https://www.setav.org/en/industrial-revolution-4-0-and-social-values/ https://timreview.ca/article?f%5bauthor%5d=1086 https://timreview.ca/article?f%5bauthor%5d=1086 https://timreview.ca/article?f%5bauthor%5d=1460 https://timreview.ca/article?f%5bauthor%5d=1461 file:///e:/data%20ridwan/jurnal/8%20ijals/vol%201(2)%202020/the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 file:///e:/data%20ridwan/jurnal/8%20ijals/vol%201(2)%202020/the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 file:///e:/data%20ridwan/jurnal/8%20ijals/vol%201(2)%202020/the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 current commentary indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 167 in addition to automation, the rapid development and recent successes of artificial intelligence in business domains have raised the bar. ibm has already made leaf frog development of system solutions in different obvious fields, and watson of ibm is a striking example16. finally, as emphasized by some previous research, that the 4th industrial revolution has it own challenges and opportunities for society, as well as for empowering society in various sectors, such as education, culture, social, economic, and law with its protection.17 references aristotle, the politics (ca 350 bc) 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(2019). indonesian journal of advocacy and legal services, 1(1), 5-22. waters, r. 2016. artificial intelligence: can watson save ibm? financial times, january 5, 2016, https://www.ft.com/content/dced8150-b300-11e5-8358-9a82b43f6b2f copyrights © 2020 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. https://www.honorsociety.org/members/chinemerem-isioma https://www.honorsociety.org/articles/social-injustice-discrimination https://www.honorsociety.org/articles/social-injustice-discrimination https://drive.google.com/open?id=0b5cqduwg9kd8djvcrfoyqtzys0k https://drive.google.com/open?id=0b5cqduwg9kd8djvcrfoyqtzys0k https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-1-4985-0918-3 https://drive.google.com/open?id=0b5cqduwg9kd8mtk1qkp2b0zandg https://drive.google.com/open?id=0b5cqduwg9kd8mtk1qkp2b0zandg https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-1-317-50480-1 https://drive.google.com/open?id=0b5cqduwg9kd8r2twbxfmelhzvda https://doi.org/10.1142%2fs0217590808002896 https://www.pachamama.org/social-justice/social-justice-issues https://www.setav.org/en/industrial-revolution-4-0-and-social-values/ https://www.setav.org/en/industrial-revolution-4-0-and-social-values/ https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33801 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33801 https://drive.google.com/open?id=0b5cqduwg9kd8v3hpa0v1ekfqzms https://drive.google.com/open?id=0b5cqduwg9kd8v3hpa0v1ekfqzms https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-0-271-02377-9 https://drive.google.com/open?id=0b5cqduwg9kd8mwpssgrwullxtee https://drive.google.com/open?id=0b5cqduwg9kd8mwpssgrwullxtee https://en.wikipedia.org/wiki/international_standard_book_number https://en.wikipedia.org/wiki/special:booksources/978-1-4438-4552-6 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33788 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33788 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/33788 https://timreview.ca/article?f%5bauthor%5d=1086 https://timreview.ca/article?f%5bauthor%5d=1460 https://timreview.ca/article?f%5bauthor%5d=1461 the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 the%20fourth%20industrial%20revolution%20(industry%204.0):%20a%20social%20innovation%20perspective,%20technology%20innovation%20management%20review,%20november%202017,%20volume%207,%20issue%2011,%20pp.%2012-20.%20http:/doi.org/10.22215/timreview/1117 https://www.ft.com/content/dced8150-b300-11e5-8358-9a82b43f6b2f http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ current commentary indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 169 attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d0e9d62085 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d079032085 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d0ee8120cd • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare questioning the customary inheritance law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 111 questioning the customary inheritance law after law no. 3 of 2006 about religious jurisdiction yuli adhi prasetyo1*, triyono triyono2, muhyidin muhyidin3 1,2,3 faculty of law, universitas diponegoro, semrang, indonesia *corresponding email: yuliprasetyoadhi@gmail.com abstract: customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, moslem’s inheritance law, and customary inheritance law. legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make lawsuit and dispute resolution. uu no 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (amendment) against uu no 7 of 1989 about religious jurisdiction. uu no 3 of 2006 is giving significant impact against the existence of custom inheritance law in indonesia. before this constitution is created, religious jurisdiction can accept customary inheritance disputes for moslem people according to the criteria which have been stated in uu no 7 of 1989. since uu no 3 of 2006 is created, therefore customary inheritance law, even though the heirs are moslem, must follow the district court mechanism. this will provide increasingly narrow space for the existence of customary law in the future. this program is held in pati, central java, where custom inheritance law still exists and is being used in pati community. dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in indonesia. keywords: customary inheritance, religious jurisdiction, inheritance law indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 1 (2021): 11-122 doi: 10.15294/ijals.v3i1.45728 submitted: 14 march 2021 revised: 30 march 2021 accepted: 15 april 2021 how to cite: adhi, y. p., triyono, t., & muhyidin, m. (2021). questioning the customary inheritance law after law no. 3 of 2006 about religious jurisdiction. indonesian journal of advocacy and legal services, 3(1), 111-122. https://doi.org/10.15294/ijals.v3i1.45728 more citation formats this work is licensed under a creative commons attribution-noncommercialsharealike 4.0 international license http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ y. a. prasetyo, t. triyono, & m. muhyidin 112 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) a. introduction inheritance law in indonesia is a living law and the embodiment of the real awareness of law from the people. inheritance law, which is the original indonesian law, which created through the social process based on legal feeling from the real needs of community life, and based on the basic thinking of society, also being supported and obeyed by the community. the practice of customary law is still practiced and has its own observance by the indonesian people. customary law is an unwritten law but is respected and obeyed by the people in the belief that these regulations are valid as law. it coexists with the national law, which is the written one, and is promulgated by the authorities of the country. even though customary law is unwritten law, it is still well obeyed by the indonesian people. customary law practices exist in the fields of family, property, land, agreements, and inheritance. this shows that customary law still has its existence in indonesian society. even customary law itself can be known for its existence in the national legal system in indonesia. the existence of customary law in the national legal system in indonesia will continue to exist. in this case, soepomo gave his views, namely1: (1) that in the field of family life, customary law will still dominate the indonesian people; (2) whereas the criminal law of a country is obliged to be in accordance with the features and characteristics of the nation or society itself; (3) whereas customary law as unwritten customary law will remain as a source of a new law for other matters that have not been / are not stipulated by the law. customary law is an unwritten rule that lives in the custom society of an area and will remain alive as long as the community still fulfills the customary law that has been passed on to them from their ancestors before them. therefore, the existence of customary law and its position in the national legal system cannot be denied even though it is unwritten and based on the principle of legality is illegal law. it will always exist and live in indonesian society. the recognition of customary law as a law in indonesia can be seen in the regulation of inheritance law in indonesia. indonesia recognizes three inheritance law systems, namely western civil inheritance law, islamic inheritance law and customary inheritance law. the western civil inheritance law system is based on the civil code, and the islamic inheritance legal 1 see r. soepomo, bab-bab tentang hukum adat, (jakarta: pradnya paramita, 1996), p. 52. see st. laksanto utomo, hukum adat, (depok: rajawali press, 2017), p.14. questioning the customary inheritance law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 113 system is based on the quran, and customary inheritance law is based on regional customary law in indonesia. customary inheritance law is the rules or legal norms that regulate or determine how legacy or inheritance is passed on or distributed to the heirs from generation to generation in the form of assets that are material or immaterial through the way and process of transferring them2. this customary law of inheritance has its own distinctive features and characteristics, which are distinct from islamic law and western law. it is because the difference lies in the natural background of the indonesian people who have the philosophy of pancasila with a diverse and unified society. this background is basically a community life that has characteristics to create harmony, conformity, and peace in life3. the issue of customary inheritance is not immune to the disputes that occur. customary inheritance disputes can occur because of disputes between the heirs. these disputes cannot be underestimated, because they can have a negative impact on the heirs who are left behind, as a result of which kinship between the heirs is broken up. if the strife or dispute over inheritance cannot be resolved by deliberation, it can be resolved through the court. the court that has the authority to resolve civil disputes (including inheritance disputes) is the district court. the district court has the authority to handle civil cases in general, except for civil cases which fall under the authority of the religious court. in addition, moslem people who have inheritance cases can file a lawsuit at the religious court. in the explanation of uu no. 7 of 1989 about the religious court, it is known that the inheritance sector is about determining who will be the heirs, the inheritance, the share of each heir, and implementing the distribution of the inheritance, if the inheritance is carried out based on islamic law. in this regard, the parties before the litigation may consider choosing what law will be used in the distribution of inheritance. the logical consequence of uu no. 7 of 1989, for moslem people who resolve cases at the religious court can reconsider what inheritance law will be used (western civil inheritance law, customary inheritance law, or islamic inheritance law). in this case, it is possible if the heirs who have dispute at the religious court ultimately decide to resolve their inheritance dispute by using traditional inheritance. 2 see catharina dewi wulansari, hukum adat indonesia, (bandung: refika aditama, 2014), p. 71. 3 hilman hadikusuma, hukum waris adat, (bandung: pt. citra aditya bakti, 2015), p. 9 y. a. prasetyo, t. triyono, & m. muhyidin 114 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) however, with the publication of uu no. 3 of 2006 about religious court, the provisions regarding the choice of inheritance law are lost. uu no. 3 of 2006 about religious court is a legal product issued to provide improvements (amendments) to uu no. 7 of 1989 about religious court. this law was released in 2006 and contains 42 articles which are amendments to uu no. 7 of 1989. uu no. 3 of 2006 provides a broad power of authority for religious court with the aim of meeting legal needs for the community. the authority of the religious court after the enactment of uu no. 3 of 2006 in resolving cases in the field of marriage is almost the same as the authority contained in uu no. 7 of 1989, it is just one more authority is added, which is the determination of the status of children based on islamic law. the authority of the religious court in resolving cases of inheritance, wills, grants, endowments, zakat, infaq, and shadaqah as well as syariah economics4. the authority of the religious court regarding inheritance is stated in article 49 and article 50 of uu no. 3 of 2006 about religious court. the religious court has the duty and authority to examine, decide, and settle cases at the first level between people who are moslem in the field of: (1) marriage; (2) inheritance; (3) testament; (4) grants; (5) waqf; (6) zakat; (7) infaq; (8) shadaqah; and (9) syariah economics. explanation of article 49 of uu no. 3 of 2006: settlement of disputes is not only limited to the field of syari'ah banking, but also in other areas of syari’ah economics. what is meant by "between moslem people" includes people or legal entities which automatically submit themselves voluntarily to islamic law. regarding matters which fall under the authority of the religious court related to inheritance, there are provisions in article 49 letter (b), namely: "what is meant by "inheritance" is the determination of who is the heir, what is the inheritance, how is the share amount of each heir, and the distribution of the inheritance, as well as a court order on the request of a person regarding the determination of who will be the heir, the determination of the share of each heir." disputes over the distribution of inheritance can have a negative impact on the heirs who are left behind, because fighting over the inheritance of the family relationship between the heirs can be damaged or broken kinship between the heirs. therefore, this inheritance problem cannot be underestimated. many of these inheritance disputes have ended in court, because they want to get a fair settlement. the settlement of inheritance 4 fataruba, sabri. "kompetensi absolut pengadilan agama dan kekhususan beracaranya pasca amandemen undang-undang nomor 7 tahun 1989 tentang peradilan agama." sasi 22.1 (2016): 59-73. questioning the customary inheritance law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 115 problems requires thoroughness, accuracy, and fairness so that it will not cause disputes and bad effect on the heirs, and the kinship between the heirs can be maintained properly5. article 49 and article 50 of uu no. 3 of 2006 if read in a literal way, it will have its own consequences. it is necessary to break these articles. the general elucidation of uu no. 7 of 1989 about the religious court which states: "prior to the litigation, the parties may consider choosing what law to use in the distribution of inheritance", is declared to be omitted. since uu no. 3 of 2006 was published, there is no option for moslem people to resolve inheritance disputes by using traditional inheritance. b. method this research is a result of the program that has been carried out by the author team. the program carried out is the dissemination of laws and regulations related to customary inheritance. this program also used socialization and mentoring methods in a holistic manner. the purpose of this program is to provide legal insight and awareness to preserve customary law, especially customary inheritance in people's lives and provide solutions to problems of customary inheritance. the location of this program is in pati, central java, indonesia. the location was chosen because pati is an area that the people still have strong belief in customary law and also to accommodate national law in their life. c. results and discussion basically, the inheritance laws that apply in indonesia are western civil inheritance law, islamic inheritance law, and customary inheritance law. all of them are valid and still recognized as laws that can be used by the community to solve problems regarding inheritance. customary inheritance law includes legal norms that determine which material and immaterial assets of a person can be handed over to their heirs and also regulate the time, method and process of the transition6. the law of 5 rahmatullah, r. (2016). kewenangan pengadilan agama dalam menyelesaikan sengketa perkara. jurisprudentie: jurusan ilmu hukum fakultas syariah dan hukum, 3(1), 126-133. 6 soerojo wignjodipoero, pengantar dan asas-asas hukum adat, (jakarta: cv haji masagung, 1992), page 161. soerojo wignjodipoero referred to in the term adat waris law. y. a. prasetyo, t. triyono, & m. muhyidin 116 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) traditional inheritance shows features that are typical to the indonesian conservative thought. inheritance customary law is based on the principles that arise from the concrete and communal thought of the indonesian nation7. the practice of customary inheritance in indonesia is still followed and become part of the laws that live in society. the practice of customary inheritance law has the potential for a dispute to arise. the issue of inheritance often creates polemics and can also be prolonged disputes. inheritance disputes can divide fraternal relations and the resolution can take years. the provisions in the uu of customary inheritance dispute can be resolved through the court and it is the final step after the disputing parties have attempted to resolve the dispute through an out-of-court settlement mechanism. 1. the authority of religious court in resolving customary inheritance disputes after the enactment of uu no. 3 of 2006 about religious court religious court is a court for people who are moslem. it has the authority to handle certain cases and regarding certain groups of people, who are moslem, is equal to other courts. the power of the religious court is exercised by the religious court and the high religious court as well as the supreme court. the religious court is the first level court while the high religious court is the court of appeal. judicial power within the religious court culminates in the supreme court as the supreme state court. the legal basis for the authority of the religious court, which is uu no. 7 of 1989, was amended by uu no. 3 of 2006, which was subsequently amended by uu no. 50 of 2009. important changes to uu no. 7 of 1989 became uu no. 3 of 2006, states: (a) strengthening the supervision of judges, both internal supervision by the supreme court and external supervision of the behavior of judges carried out by the judicial commission in maintaining and upholding the honor, dignity and behavior of judges; (b) tightening the requirements for the appointment of judges, both judges at religious courts and judges at high religious courts, among others through a transparent, accountable and participatory selection process for judges and having to go through a process or pass judge education; (c) arrangements regarding special courts and ad hoc judges; (d) regulating the mechanisms and procedures for the appointment and dismissal of judges; (e) the safety and welfare of judges; (f) transparency of decisions and limitations in providing copies of decisions; (g) transparency of case fees as well as examination of management and 7 st. laksanto utomo, hukum adat, (depok: rajawali pres, 2017), p. 101. questioning the customary inheritance law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 117 accountability of case costs; (h) legal assistance; and (i) honorary panel of judges and the obligation of judges to comply with the code of ethics and code of conduct of judges. amendments in general to uu no. 7 of 1989 about religious court as amended by uu no. 3 of 2006 about religious court are basically to realize the implementation of independent judicial power and a clean and authoritative judiciary, which is carried out through an restructuring of the judicial system an integrated justice system, especially religious courts are constitutionally a judicial body under the supreme court. in implementing its authority, it turns out that the religious court is experiencing disturbances. the disturbances arising from these articles are: (a) becoming an obstacle for the religious court in exercising their powers; (b) creating confusion in the case resolution process and procedure; (c) settlement of cases becomes convoluted and takes a long time; (d) incurs high costs, torments justice seekers, and consumes energy; (e) not in line with the basic principles of a trial that is fast, light and low cost8. nevertheless, the religious court shows, first: that the institution of the religious court has gradually been accepted by the indonesian people along with debates about their duties, functions and competences. second: that the political law that is going to take place the religious court institution proportionally as a state institution and a symbol of syari`ah in accordance with the constitution and islamic syari`ah has been realized, although further refinement is still needed, especially in the field of facilities and infrastructure9. the religious court, which is part of the religious court, has the duty and authority to examine, decide, and resolve cases at the first level between people who are moslem in the fields of marriage, inheritance, wills, and grants, endowments and shadaqah. given the existence of legal pluralism in the field of inheritance in indonesia and if there are restrictions where moslem people are forced to resolve their inheritance disputes through the religious court using islamic law, it can actually conflict with the indonesian constitution and uu no. 39 of 1999 about human right, which these regulations give rights and freedom to the community as well as mandate the obligation to the state to guarantee the freedom of the people to be able to practice their religion and beliefs, the 8 matrais, s. (2008). kemandirian peradilan agama dalam perspektif undang-undang peradilan agama. jurnal hukum ius quia iustum, 15(1). doi: https://doi.org/10.20885/iustum.vol15.iss1.art6 9 fariana, a. (2016). peran strategis pengadilan agama dalam penyelesaian sengketa ekonomi syariah. al-ihkam: jurnal hukum dan pranata sosial, 10(2), 228251.doi: 10.19105/al-ihkam.v10i2.720 https://doi.org/10.20885/iustum.vol15.iss1.art6 http://dx.doi.org/10.19105/al-ihkam.v10i2.720 y. a. prasetyo, t. triyono, & m. muhyidin 118 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) state is also obliged to respect the existence of customary laws that exist and live in society10. inheritance is one of the cases that can be resolved through the mechanism of the religious court. in accordance with the explanation in uu no.7 of 1989 that the field of inheritance is about determining who the heir is, what the inheritance, the share amount of each heir, and implementing the distribution of the inheritance, if the inheritance is carried out based on islamic law. in this regard, the parties before the litigation may consider choosing what law will be used in the distribution of inheritance. this provision opens an opportunity for moslem people who dispute over inheritance to settle by using traditional inheritance. in indonesia, legal pluralism still applies in the field of inheritance law. there are three legal systems that apply side by side, which are western inheritance law (hereinafter referred to as the civil code), customary inheritance law, and islamic inheritance law. likewise, in the procedural law in inheritance cases in indonesia, the dualism of the judiciary is still valid, which are the district court and the religious court. in uu no. 7 of 1989, it recognizes the existence of choice of law (hereinafter referred to as legal option) in inheritance cases. option right is the right to determine what law will be used to solve a problem. this legal option has consequences for which court will hear an inheritance case11. however, with the publication of uu no. 3 of 2006, the option right was lost. with the provisions of article 49 and article 50 of uu no. 3 of 2006 will actually close the freedom of society to resolve inheritance disputes in the religious court and as a solution it will be resolved through the general courts. in fact, article 49 paragraph 1 b of uu no. 7 of 1989 clearly states that the issue of inheritance between moslems is the authority of the religious court. however, the content of the article at first glance contradicts the general explanation which states that the parties before the litigation can consider choosing what law to use in the distribution of inheritance. it can be concluded that the parties can make legal choices, whether to use islamic inheritance law, customary law, or western inheritance law. thus choice of law can be interpreted as the will of the parties to choose what law will be used as a law to decide the cases they are going to submit. from the contents 10 adli, a. s. m. (2020). penyelesaian sengketa waris adat bagi masyarakat beragama islam berdasarkan undang-undang nomor 3 tahun 2006. jurnal magister hukum udayana (udayana master law journal), 9(1), 74-91. doi: https://doi.org/10.24843/jmhu.2020.v09.i01.p06 11 ramli, m. (2019). peranan advokat dalam mewujudkan kewenangan pengadilan agama dalam bidang kewarisan. ulumuna: jurnal studi keislaman, 5(2), 146-160. doi: https://doi.org/10.36420/ju.v5i2.3646 https://doi.org/10.24843/jmhu.2020.v09.i01.p06 https://doi.org/10.36420/ju.v5i2.3646 questioning the customary inheritance law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 119 of the general explanation it is clear that the choice of law must occur outside the judiciary so that if an agreement is not reached, as long as the parties are moslem, then the case should be examined and decided by a religious court12. the explanation of uu no. 3 of 2006 confirms that the sentence contained in the general explanation of uu no. 7 of 1989 about religious court which states: "prior to litigation, parties may consider choosing what law to use in the distribution of inheritance", is declared to be deleted. the logical consequence is that if moslem people voluntarily submit to islamic law, the settlement of their inheritance dispute cases is in the religious court, but if moslem people who are not subject to islamic law (use traditional inheritance), the settlement of their inheritance dispute cases will be resolved in the district court13. settlement of disputes with islamic law is carried out through the religious court as stipulated in uu no. 3 of 2006 about amendments to uu no. 7 of 1989 about religious court. meanwhile, dispute resolution based on the source of the civil code and customary law is carried out through the district court. 2. the existence of customary inheritance law in the future customary inheritance law is one of the three inheritance laws that apply in indonesia. the use of customary inheritance law is based on the provisions of each region or the customs that apply in the community. indonesia is a country that has a lot of customs and it is clear that there are also many customary inheritance laws that apply. generally, every region in indonesia still has customary inheritance that applies, it is just difficult to find it in the current era because customary inheritance has been lost and not well documented. customary law is seen as the source of the formation of national law in indonesia, because it is the embodiment of the original law of the indonesian nation. however, customary inheritance law will still be recognized for its existence in indonesia as long as it is still alive and used by the indonesian people and it is in accordance with the development of society and the principles of the unitary state of the republic of indonesia. the concept of limited recognition makes customary inheritance law difficult to develop. 12 susylawati, e. (2019). sengketa kewenangan pengadilan dalam perkara waris akibat adanya pilihan hukum. al-ihkam: jurnal hukum dan pranata sosial, 1(1), 81-96. doi: http://dx.doi.org/10.19105/al-lhkam.v1i1.2554 13 thohari, i. (2015). konflik kewenangan antara pengadilan negeri dan pengadilan agama dalam menangai perkara sengketa waris orang islam. universum: jurnal keislaman dan kebudayaan, 9(2). doi: https://doi.org/10.30762/universum.v9i2.84 http://dx.doi.org/10.19105/al-lhkam.v1i1.2554 https://doi.org/10.30762/universum.v9i2.84 y. a. prasetyo, t. triyono, & m. muhyidin 120 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) the recognition and respect for the existence of customary law in the constitution has provided a clear picture that the indonesian nation has a unique culture in law. customary law is law that is born from the legal needs and feelings of the indonesian people. so, it can answer all legal problems faced by the people in their daily life14. this includes the existence of customary inheritance law which will remain as long as the indonesian people still use or practice it, otherwise indonesia must be ready to lose its customary inheritance law. d. conclusion the provisions in uu no.3 of 2006 have eliminated the authority of the religious court to examine and decide traditional inheritance cases. before uu no.3 of 2006 was published, it was still possible for customary inheritance disputes to be resolved through the religious court on the basis of what is stated in the explanation of uu no. 7 of 1989, called the option right for the disputing parties to choose what law is used in the distribution of inheritance. with the provisions of uu no.3 of 2006, customary inheritance disputes must be resolved through the district court. the presence of uu no. 3 of 2006 about religious courts, if it is read literally by people who are 'laymen' of the law, it will provide an understanding that there is no room for the existence of customary law. the existence of customary inheritance law in indonesia needs to be developed because preservation efforts are not enough. if the development is not carried out, the customary inheritance law may disappear or die because it is crushed by the times and changes in society. e. acknowledgments this article was created due to funding from the faculty of law, diponegoro university with the community service program. thanks to head of juwana subdistrict who have been willing to be partners in this activity. f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. 14 maladi, y. (2010). eksistensi hukum adat dalam konstitusi negara pasca amandemen. mimbar hukum-fakultas hukum universitas gadjah mada, 22(3), 450464. doi: https://doi.org/10.22146/jmh.16235 https://doi.org/10.22146/jmh.16235 questioning the customary inheritance law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 121 g. funding universitas diponegoro, semarang indonesia by research & community services research grants. h. references adli, a. s. m. (2020). penyelesaian sengketa waris adat bagi masyarakat beragama islam berdasarkan undang-undang nomor 3 tahun 2006. jurnal magister hukum udayana (udayana master law journal), 9(1), 74-91. doi: https://doi.org/10.24843/jmhu.2020.v09.i01.p06 fariana, a. (2016). peran strategis pengadilan agama dalam penyelesaian sengketa ekonomi syariah. al-ihkam: jurnal hukum dan pranata sosial, 10(2), 228-251.doi: 10.19105/al-ihkam.v10i2.720 fataruba, s. (2016). kompetensi absolut pengadilan agama dan kekhususan beracaranya pasca amandemen undang-undang nomor 7 tahun 1989 tentang peradilan agama. sasi, 22(1), 59-73. doi: https://doi.org/10.47268/sasi.v22i1.178 hadikusuma, h. (2015). hukum waris adat. bandung: pt. citra aditya bakti maladi, y. (2010). eksistensi hukum adat dalam konstitusi negara pasca amandemen. mimbar hukum-fakultas hukum universitas gadjah mada, 22(3), 450-464. doi: https://doi.org/10.22146/jmh.16235 matrais, s. (2008). kemandirian peradilan agama dalam perspektif undangundang peradilan agama. jurnal hukum ius quia iustum, 15(1). doi: https://doi.org/10.20885/iustum.vol15.iss1.art6 rahmatullah, r. (2016). kewenangan pengadilan agama dalam menyelesaikan sengketa perkara. jurisprudentie: jurusan ilmu hukum fakultas syariah dan hukum, 3(1), 126-133. doi: https://doi.org/10.24252/jurisprudentie.v3i1.3631 ramli, m. (2019). peranan advokat dalam mewujudkan kewenangan pengadilan agama dalam bidang kewarisan. ulumuna: jurnal studi keislaman, 5(2), 146-160. doi: https://doi.org/10.36420/ju.v5i2.3646 soepomo, r. (1996). bab-bab tentang hukum adat. jakarta: pradnya paramita soerojo wignjodipoero, soerojo. (1992). pengantar dan asas-asas hukum adat. jakarta: cv haji masagung susylawati, e. (2019). sengketa kewenangan pengadilan dalam perkara waris akibat adanya pilihan hukum. al-ihkam: jurnal hukum dan pranata sosial, 1(1), 81-96. doi: http://dx.doi.org/10.19105/allhkam.v1i1.2554 thohari, i. (2015). konflik kewenangan antara pengadilan negeri dan pengadilan agama dalam menangai perkara sengketa waris orang https://doi.org/10.24843/jmhu.2020.v09.i01.p06 http://dx.doi.org/10.19105/al-ihkam.v10i2.720 https://doi.org/10.47268/sasi.v22i1.178 https://doi.org/10.22146/jmh.16235 https://doi.org/10.20885/iustum.vol15.iss1.art6 https://doi.org/10.24252/jurisprudentie.v3i1.3631 https://doi.org/10.36420/ju.v5i2.3646 http://dx.doi.org/10.19105/al-lhkam.v1i1.2554 http://dx.doi.org/10.19105/al-lhkam.v1i1.2554 y. a. prasetyo, t. triyono, & m. muhyidin 122 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) islam. universum: jurnal keislaman dan kebudayaan, 9(2). doi: https://doi.org/10.30762/universum.v9i2.84 utomo, st. laksanto. (2017). hukum adat. depok: rajawali press. wulansari, catharina dewi. (2014). hukum adat indonesia. bandung: refika aditama about author(s) yuli adhi prasetyo, s.h., m.kn. is a lecturer at department of private law, faculty of law universitas diponegoro semarang indonesia. some of his recent publications on private law such as borrow-to-use agreement and its legal consequences in case of damages on the object of agreement (journal of private and commercial law, 2020), membangun kesejahteraan masyarakat lokal melalui perlindungan indikasi geografis (jurnal metayuridis, 2019), and quo vadis copyright as fiduciary guarantee in indonesian legal arrangement (journal of legal, ethical and regulatory issues , 2018). triyono triyono, s.h., m.kn., is a a lecturer at department of private law, faculty of law universitas diponegoro semarang indonesia. muhyidin, s.ag., m.ag., m.h., is a a lecturer at department of private law, faculty of law universitas diponegoro semarang indonesia. some of his publications concerning private law and islamic law, such as dasar-dasar perumusan hukum islam (analisis metodologis terhadap perumusan maqasid al-shari’ah al-shatibi) (diponegoro law review, 2018). https://doi.org/10.30762/universum.v9i2.84 javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d0785da61f • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d0edaa2037 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare how do villagers solve their legal problems? indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 233 how do villagers solve their legal problems? a study of district court (peradilan desa) for dispute settlement process rofi wahanisa1, dwi lestari3, malik akbar mulki rahman3, fadhilah rizky aftriani putri4 1,2,4 faculty of law, universitas negeri semarang, indonesia 3 head of general affairs and planning, lerep village, indonesia corresponding author: fadhilahputri@students.unnes.ac.id abstract: this study aims to provide another alternative in resolving conflicts in lerep village which is called the district court (peradilan desa). the village court aims to help resolve conflict problems in lerep village so that there is no accumulation of cases in the surrounding district courts. village justice is carried out by familial mediation between the person in dispute with the head of the local hamlet and the village head. the decisions given are in the form of suggestions from the hamlet head and village head which are not binding. district justice (peradilan desa) is a win-win solution to the conflict in lerep village. however, the implementation of this district court still has shortcomings. one of them is the district court does not yet have a reference for regulations in its implementation. another deficiency is the lack of knowledge in the legal field of the parties acting as intermediaries, such as the hamlet head and village head. the research method used in this research is legal research, legal research is often referred to as doctrinal or normative. normative legal research examines principles, numbers, concepts, rules, laws and regulations, research decisions, agreements and doctrines that are placed by law as a norm system by examining library studies. the conclusion in this study is that specific regulatory references are needed to regulate the running of village courts. and there must be trainings to provide basic knowledge to the parties concerned. keywords: conflict resolution; district courts; mediation; procedural law. how to cite: wahanisa, r., lestari, d., rahman, m. a. m., & putri, f. r. a. (2021). how do villagers solve their legal problems? a study of district court (peradilan desa) for dispute settlement process. indonesian journal of advocacy and legal services, 3(2), 233-244. https://doi.org/10.15294/ijals.v3i2.45843 issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 2 (2021): 233-244 doi: 10.15294/ijals.v3i2.45843 submitted: 13 july 2021 revised: 15 august 2021 accepted: 1 september 2021 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ r. wahanisa, d. lestari, m. a. m. rahman, & f. r. a. putri 234 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction the written constitution in article 1 paragraph (2) of the 1945 constitution of the republic of indonesia states that the state of the republic of indonesia as a state of law, the consequences of a state of law, so that everything in carrying out the life of the nation and state must be based on law, both law which is in the most hierarchical level. high or the lowest. however, if it focuses solely on a written constitution, it is not appropriate because a constitution is interpreted in two senses, namely, a written constitution and an unwritten constitution, a written constitution is an elaboration of the constitution in the narrow sense, while an unwritten constitution is defined as a constitution in a broad sense.1 the constitution was not written very much compared to the constitution is not written, but the existence of a written constitution must remain the same confession with a written constitution, the constitution becomes a guideline for the bang s a indonesia in running the nation and the landless water which regulates the behavior of the government and people . with the constitution can serve as guidelines for achieving the ideals of the indonesian nation and avoid the conflicts and divisions, but certainly in the running life of the nation is certainly not always smooth because in society there is a conflict as part of a s i stem social necessitating a resolution of the conflict.2 broadly speaking, conflict resolution is carried out by litigation and non-litigation, while litigation settlement is carried out by legal channels using court as regulated in the written constitution in article 24 concerning justice and its derivative regulations, while non-litigation settlement is carried out outside the court as regulated in the written constitution. article 18 b and its derivative regulations.3 settlement through litigation and nonlitigation channels certainly has advantages and disadvantages in resolving conflicts, the advantages of conflict resolution through courts are that it has the power to force the guilty party to obey the verdict of the court, but the drawback is that it takes a long time in the settlement process. high costs, results that make one party have to suffer losses and sometimes justice is not obtained.4 however, the advantages of resolving problems through nonlitigation channels are that all parties are satisfied with the recommendation that is a win-win solution, besides that the cost of the case is cheap and is 1 wheare kc, modern constituency, (oxford: oxford university press, 1975), p. 3. 2 atmadja i dewa gede, hukum konstitusi, (malang: setara press, 2012), p 13. 3 adi susanti nugroho, benefits of mediation as an alternative to dispute resolution, (jakarta: kencana, 2019), p. 25. 4 fiadjoe albert, alternative dispute resolution: a developing world persprective, (london: cavendish publishing limited, 2014), p. 19. how do villagers solve their legal problems? indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 235 almost non-existent, reconciliation between the two warring parties is very fast and the resolution is not it takes a long time, but besides this there is a drawback that is not having the force to force all parties to comply with the results of the settlement and sometimes it is opposed by one of the parties. if the parties do not comply with the results of dispute resolution or do not find peace, they can submit a resolution of the problem through the court.5 courts in indonesia cannot be separated from the influence of occupation the netherlands, during the dutch colonial occupied territories indonesia to master a variety of natural resources, in addition to mastering the natural wealth of the colonial government the dutch east indies also apply rules to regulate the process control of its natural resources. among them were the making of special rules to control indonesian colonies, including by implementing the wetboek van strafrecht vor netherlands indishce which was an adoption of weetboek van strafrect which was the dutch criminal code book and brought burgelick weetboek and weetboek van kophandel to regulate the process of occupation and control of natural resources. in indonesia. however, apart from making legal rules, of course, implementing regulations are needed that serve as guidelines for implementing the material law, including the het herizene inlandsh indische regalement. of course, the existence of material and formal laws is not enough, so that a court is needed as a forum to apply the two rules.6 court of the dutch government there are five types of justice among court of gubernemen, judiciary indigenous or customary justice, the justice’s king, religious courts, and village justice. the village court is a lower-level court that is different from the traditional court, the most fundamental difference lies in the implementation and the judges in the court. judges in village courts are village heads or hamlet heads with problem solving using deliberation to reach consensus, while customary courts who become judges are customary stakeholders and their reference refers to customary law.7 the scope of the village court itself only covers the area of a village and what can be resolved are minor problems. after the amendment to the 1945 constitution of the republic of indonesia, legal changes, and legal developments from time to time have increased, including the existence of an unwritten constitution which is increasingly popular in indonesian society, this can be seen by the existence 5 arief, barda nawawie, aspects of penal mediation policy in out of court dispute resolution. (semarang: national seminar, diponegoro university’s doctor of law program, 2007), p 8. 6 nasution bahder johan, history of the development of judicial power in indonesia, (journal of innovative volume vii number iii, 2014), p. 14. 7 ibid., p. 16. r. wahanisa, d. lestari, m. a. m. rahman, & f. r. a. putri 236 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) of various customary institutions that the government has begun to glance at to organize. and protected. one of these customs regulates the settlement of disputes among indigenous peoples, but besides that the principle of deliberation and consensus that has long existed in indonesian society continues to exist and is increasingly popular in making decisions. the existence of article 18 b and article 28 i of the 1945 constitution of the republic of indonesia provides an opportunity for villages as the lowest government institution to carry out their own government. one of the tasks of the village government is to create order and security in the community, then to create this order requires an effort to achieve these goals through law enforcement. one of the ways to create order and security in the village community can be done by using village autonomy.8 with the special status that a village has in the form of autonomy, it should be able to create independence and new innovation in order to create security and order for the people of a village through the formation of village regulations or the equivalent to create a village court as an effort to resolve disputes outside the court which becomes an alternative that needs to be done to create justice for the parties and streamline the cases that have accumulated in court. however, the concept of village justice in question has never been realized, so it becomes a question for the author regarding the legal basis and model of village justice that can be made by the village? and what is the existence of the village court judges, namely the village head, in implementing the village court? therefore, it is necessary to have a study to find and answer questions from the author. b. method this research is legal research, this legal research is often referred to as doctrinal or normative. normative legal research examines principles, numbers, concepts, rules, laws and regulations, research decisions, agreements and doctrines that are placed by law as a norm system by examining librarian studies.9 the approach used in this research is the statutory approach to study the juridical existence and history of village courts in legislation, while the conceptual and historical approaches are used to study concepts that are relevant to the object of study. the data in this study use primary data and secondary data as well as non-legal materials, by 8 widjaja aw, village government and village administration according to law no. 5 of 1979 (as a review), jakarta: raja grafindo persada, 1996), p. 28. 9 marzuki, peter mahmud. legal research, (jakarta: kencana prenada media group, 2009), p. 59. how do villagers solve their legal problems? indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 237 means of the necessary information citation techniques by browsing literature through libraries and digitally. the data collected is then validated and then processed and analyzed qualitatively to produce a descriptive study in a narrative form. c. result and discussion 1. village jurisdiction concept: comparing practices law as a rule to regulate human beings should be used in an attempt to achieve justice, k e uncertainties and usefulness of law so as to achieve this as an order of values and norms that exist and thrive within the community needed an embodiment in the system of norms in the life of the indonesian people where this can be done through the implementation of religious norms, norms of decency, norms of decency and legal norms themselves. law itself is an order that seeks to influence all human behavior to meet the needs and purposes by way of a fair proportional morally set a justified. however, shift understanding about the law as moral values as well as an important element for achieving justice, benefit, and the rule of law, giving rise to several problems such as disputes between ordinary citizens in the village, usually such as land disputes, disputes between citizens and others. the village concept in the united states law as a rule to regulate human beings should be used in an attempt to achieve justice, k e uncertainties and usefulness of law so as to achieve this as an order of values and norms that exist and thrive within the community needed an embodiment in the system of norms in the life of the indonesian people where this can be done through the implementation of religious norms, norms of decency, norms of decency and legal norms themselves. law itself is an order that seeks to influence all human behavior to meet the needs and purposes by way of a fair proportional morally set a justified. however, shift of understanding about the law as basic values as well as an important element for achieving justice, benefit, and the rule of law, giving rise to several problems such as disputes between ordinary citizens in the village, usually such as land disputes, disputes between citizens and others. some of the village concepts that can be used as a concept reference, one of which is from various states in the united states. in the united states, many villages are partly recognized as incorporated villages and without a legal status (corporated villages). the term village in the united states has a different meaning in each state. in the united states, most of these villages are no longer considered important. instead, the village is only a place for several communities which are used as a special meeting place for tourism r. wahanisa, d. lestari, m. a. m. rahman, & f. r. a. putri 238 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) objects. in many states, the term desa (villages) is only associated with communities that are relatively small and do not have a legal status. the term village is associated with a certain form of municipal government, which is smaller than a city, both geographically and in authority, but has the status of a legal entity (incorporated). for example, in some states, such as new york, wisconsin, or michigan, what is called a village is an “an incorporated municipality”, usually a single town or civil township. in the state of wisconsin, by law, the village is always separated from the city that legalizes it. residents pay taxes and have the right to vote in village head elections. there is no limit on the number of residents. in states like wisconsin, by law, the village is always separate from the city that authorizes it. in maryland, for example, what is called a village can be a locality incorporated town or a particular district of taxpayers. another example is the village of friendship heights. meanwhile, in the states of the former old-town cities of the new england era, the so-called villages were always associated with centers of population or commerce, including the city center, a kind of town square. take the village of hyannis in the middle of the small town of barnstable, massachusetts. village concept in indonesia in indonesia, there are around 73,000 villages and around 8,000 subdistricts.10 these villages can be divided into two, namely ordinary villages and traditional villages. therefore, there are two distinct concepts of society, namely (i) rural communities, and (ii) indigenous peoples. in the general elucidation of law number 6 of 2014 concerning villages, it is described as follows: “the village or what is called by another name has characteristics that are generally accepted throughout indonesia, while the traditional village or what is called by other names has different characteristics from the village in general, especially because of the strong influence of adat on the local government system, management of local resources, and the socio-cultural life of the village community. in principle, the traditional village is a legacy of a local community governance organization that has been preserved from generation to generation which is still recognized and fought for by the leaders and community of the traditional village so that it can function to develop welfare and local socio-cultural identity. the traditional village has the right to the origin of the village since the traditional village was born as an original community in the midst 10 law no.6 of 2014 concerning villages how do villagers solve their legal problems? indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 239 of society. desa adat is a customary law community unit that has historically had territorial boundaries and cultural identities formed on a territorial basis which is authorized to regulate and manage the interests of the village community based on their rights of origin. according to law no.6 of 2014 concerning villages, the village government has the authority to enact village regulations with the joint approval of the village representative body. thus, in the village, it is determined that there is a village regulation which is recognized as a form of official statutory regulation. village communities are structured in the context of the local government legal regime. the village government unit is the smallest unit in the regional government organizational structure. as a result of the development of information and communication technology, villages around the world will experience globalization. one of the impacts of village globalization is the universalization process of ideal values in the common life of humankind, including in villages around the world. in order to promote the development of a civilized urban society, the organizing of the villagers requires an institutional process that is more adequate than the current situation. these village community institutions must be functioned effectively to encourage and drive the wheels of development towards progress in all areas of the life of the villagers. villages and village communities need to be empowered and strengthened into civil society supported by systems and institutional structures that ensure the autonomy of their communities to be creative and innovative. the piling up of cases in the district court is one of the reasons behind the initiation of the village court in order to unravel the accumulation of cases in the district court. the village court is one of the manifestations of a village that is affected by globalization and is aimed at creating a civil society and a village with urban civilization.11 village justice is an alternative dispute resolution in the village which is carried out by means of mediation. the existence of this village court is to unravel the accumulation of cases in the district court. so that the initiation of this village court can become an institution that can support and provide village functions in order to encourage the village to develop into a civilized society. 11 jimly ash-shiddiqie, ideas of a social constitution, (jakarta: pustaka lp3es, 2015) p.362 r. wahanisa, d. lestari, m. a. m. rahman, & f. r. a. putri 240 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 2. existence of village chairman as judge the description of the concept of village justice above becomes a reference for the direction of dispute resolution which is served by members of the village court. village chief judge of the village court has the authority contained in the legislation, k raft authority of the village chief t erdapat in chapter 20 0 -202 act no. 32 of 2004 concerning regional government which states explicitly that the village government consists of the village head and village officials as well as the village consultative body (bpd). the duties and powers of the village head themselves are regulated in a derivative regulation from the regional government law in pp no. 72 of 2005 in article 14 paragraph (1) and (2) which states: 1) the village head has the task of carrying out government, development and social affairs; 2) in carrying out the tasks referred to in paragraph (1) the village head has the authority; a. leading the implementation of village governance based on policies established with the bpd; b. submit a draft village regulation; c. establish village regulations that have received joint approval from the bpd; d. prepare and propose draft village regulations regarding the village apb and stipulate jointly with the bpd; e. fostering village community life; f. fostering the village economy; g. coordinating participatory village development; h. representing the village inside and outside the court and can appoint a legal representative to represent in accordance with statutory regulations; and i. carry out other authorities in accordance with statutory regulations. meanwhile, the obligations of the village head are explained in the next article, namely article 15 paragraphs (1) and (2), which states: (1) in carrying out the duties and authorities as referred to in article 14, the village head has the following obligations: a. upholding and practicing pancasila, implementing the 1945 constitution of the republic of indonesia and maintaining and maintaining the integrity of the unitary state of the republic of indonesia; b. improve community welfare; c. maintain public order and order; d. carry out a democratic life; how do villagers solve their legal problems? indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 241 e. implementing the principles of village governance that is clean and free from collusion, corruption and nepotism; f. maintain working relationships with all village government partners; g. obey and enforce all laws and regulations; h. carrying out good village government administration; i. implement and be accountable for village financial management; j. carry out the affairs that fall under the authority of the village; k. reconciling the community in the village; l. developing communities and villages; m. fostering, protecting and preserving social, cultural and customs values; n. empowering the community and institutions in the village; and o. developing the potential of natural resources and preserving the environment (2) apart from the obligations as referred to in paragraph (1), the village head has the obligation to provide a report on the administration of village administration to the regent/mayor, provide a report on accountability statements to the bpd, and inform the village administration report to the community.12 one of the responsibilities of the village head regarding resolving community disputes needs to be studied in detail by referring to the concept that the village head is the mediator in every existing village community problem. their position as a village chief judge to reconcile disputes light that is in rural communities are expected to contribute to peace to preserve harmonisation and patterns of social interaction between the villagers. the village head as mediator in the peace may use discretion or policy of the executive branch in order to realize public services to people who refer to the legislation. d. conclusion the existence of village courts in indonesian society is well accepted and has been running from the pre-independence era to the reform era, village justice itself can be the main alternative for resolving disputes because it is fast, low cost, even there is no case fee and is a win-win solution that can accepted by all the disputing parties and can quickly make the parties interact again. the 12 nainggolan, samuel dharma putra, position of village head as peace judge (ubelaj journal volume 3 number i, 2018), p. 9. r. wahanisa, d. lestari, m. a. m. rahman, & f. r. a. putri 242 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) implementation of the village court itself is led and chaired by a village head who is trusted by the community to help reconcile the parties so that an agreement is reached from the parties. a right, however, the village court arrangements in the laws and regulations are still very abstract so that implementing village justice in every village is still not going well. the presence of a village court as an alternative for dispute resolution is a breath of fresh air for law enforcers because it can reduce cases that go to court, but there are no specific legal rules governing village justice so it is hoped that the village court bill will be presented in the near future. the village head as a peace judge at the village court is the right thing because he has the support of the community and is guaranteed in statutory regulations. although the positions of judges of peace there are problems guess understanding of the law is the village head related scientific field of law which may affect the judicial process, so it is recommended to be given training to village heads and members of village justice related procedures for solving problems. e. acknowledgments none. f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. g. funding none. h. references adi susanti nugroho (2019) benefits of mediation as an alternative to dispute resolution, jakarta: kencana. arief, barda nawawie (2007) aspects of penal mediation policy in out of court dispute resolution. semarang: national seminar, diponegoro university's doctor of law program. asshiddiqie, jimly (2007) principles of indonesian constitutional law, post-reformation. jakarta: buana popular science. asshiddiqie, jimly (2015) ideas of a social constitution, jakarta: lp3es library. how do villagers solve their legal problems? indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 243 atmadja i dewa gede (2012) constitutional law, malang: equivalent press. fiadjoe albert (2014) alternative dispute resolution: a developing world persprective, london: cavendish publishing limited. marzuki, peter mahmud. (2009) legal research, jakarta: kencana prenada media group. nainggolan, samuel dharma putra (2018) position of village head as peace judge, ubelaj journal volume 3 number i. nasution bahder johan (2014) history of the development of judicial power in indonesia, innovative journal volume vii number iii. wheare kc (1975) modern constitution, oxford: oxford university press. widjaja, aw, (1996) village administration and village administration according to law no. 5 of 1979 (as a review), jakarta: ra j a grafindo persada. 1945 constitution law no. 6 of 2016 concerning the village law no. 32 of 2004 concerning regional government pp no. 72 of 2005 concerning the village r. wahanisa, d. lestari, m. a. m. rahman, & f. r. a. putri 244 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) truth never damages a cause that is just. mahatma gandhi empowering and protecting local products indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 207 empowering and protecting local products: the implementation of smes product protection and legality in lerep village indonesia muhammad reza maulana1 , fauziah ramadhani2, aprila niravita3, sri lestari4 1,2,3 faculty of law, universitas negeri semarang, indonesia 4 kantor desa lerep, ungaran, kab. semarang, indonesia corresponding author: aprilaniravita@mail.unnes.ac.id abstract: the size of the contribution of msmes in supporting the economy of a country so that the existence of msmes is highly expected by any country because of its vital role in the development and progress of the economy to achieve people’s welfare. the establishment of a business in the msme sector is able to absorb the number of workforces who are ready to work but have not yet got a job so that it can reduce the number of unemployed. in establishing a business, msme actors should have a legality license or business license to run their business. the importance of legality for msme activists is that in running their business entrepreneurs do not need to be confused when their merchandise or business is tested to find out the feasibility and legality of the business they are running. implementation in the ease of granting permits for msmes is still not possible in all regions because there are still regional heads who have not issued regulations to delegate the authority to issue msmes permits to sub-districts. business licenses or msmes that have received a legality of their products to get it easier in running their business. business licensing provisions that need to be owned by entrepreneurs in the form of siup are based on the regulation of the minister of trade (permendag) no. 46/2009 concerning amendments to permendag no.36 / 2007 concerning issuance of trading business permits. keywords: msmes, product legality, local product how to cite: maulana, m. r., ramadhani, f., niravita, a., & lestari, s. (2021). empowering and protecting local products: the implementation of smes product protection and legality in lerep village indonesia. indonesian journal of advocacy and legal services, 3(2), 207-216. https://doi.org/10.15294/ijals.v3i2.45844 issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 2 (2021): 207-216 doi: 10.15294/ijals.v3i2.45844 submitted: 13 july 2021 revised: 15 august 2021 accepted: 1 september 2021 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ m. r. maulana, f. ramadhani, a. niravita, & s. lestari 208 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction micro, small and medium enterprises or what can be abbreviated as msmes is a policy made by the government in the economic sector, which is a business activity capable of expanding employment, providing broad economic services to the community and also playing a role in the process of equalization and increasing income society and promote economic growth and play a role in realizing national stability. umkm is a trading business which is managed by a business entity or individual which refers to a productive economic business in accordance with the criteria stipulated in the laws and regulations. this is in accordance with the understanding of msmes as stated in law number 20 of 2008 concerning micro, small and medium enterprises, which explains that “msmes are trading businesses managed by individuals who refer to productive economic enterprises with the criteria stipulated in the law”. in law no. 20 of 2008 concerning micro, small and medium enterprises, there is a general explanation which says that national development aims to create a just and prosperous society that is evenly distributed both materially and spiritually based on pancasila and the 1945 constitution of the republic of indonesia. micro enterprises based on law number 20 of 2008 are independent productive economic business opportunities which are carried out by individuals or business entities that are not subsidiaries or are not branches of companies that are owned, controlled or become part of the business directly or indirectly. medium or large businesses that meet the criteria for small businesses as referred to in this law. then what is meant by medium enterprises according to law no. 20 of 2008, namely "productive economic enterprises that stand alone, which are carried out by individuals or business entities that are not subsidiaries or branches of companies that are owned, controlled or become part of either directly or indirectly with small or large businesses with total assets. net or annual sales proceeds as regulated in this law”. so that based on the definition above, based on the law on msmes we can conclude the characteristics of micro, small and medium enterprises, namely:1 1 irfani & nurmaya safitri, “ perizinan terhadap usaha mikro kecil menengah (umkm) yang melakukan pencemaran lingkungan”, jurnal al’adl volume xii no. 2, 2020. empowering and protecting local products indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 209 1. the type of goods / commodity of the business is not always fixed, may change at any time; 2. the place of business is not always permanent, it can move from time to time; 3. not even simple financial administration, and not separating family finances from business finances; 4. human resources (entrepreneurs) do not have an adequate entrepreneurial spirit; 5. the average level of education is relatively very low; 6. generally they do not have access to banking, but some of them have access to non-bank financial institutions; 7. generally do not have business license or other legality requirements including npwp. in the indonesian economy, msmes are a form of business that is in great demand, this is evidenced by the largest number among other forms of business. apart from that, these msmes are also very popular because they are considered quite strong in facing the economic crisis so that the role of umm in encouraging the development of the country's economic growth is very significant. msmes also have many other advantages which are related to optimizing the use of national resources. but unfortunately, the great potential of these msmes has not been utilized properly, even though this sector has long been the foundation of 92.72% of the workforce outside the government and large businesses so that these msmes should occupy an important place in the post-crisis indonesian economy.2 apart from that, there are still a lot of msmes in indonesia that have not received business legality or formalities. the formalization of business here is the granting of permits for certain business activities and also the status of a legal entity for msmes in accordance with existing laws and regulations. a license itself is a form of legal action which is applied into regulations based on requirements and procedures in accordance with statutory provisions. license is also a form of approval from the competent authority for the operation of a business activity carried out by a business actor. this business license is very important for every business so that it can facilitate and also launch business activities so that every business actor is required to be able to administer and have a business license 2 noer sutrisno, “implementasikan catatan untuk majukan umkm, bisnis indonesia”, 2009. m. r. maulana, f. ramadhani, a. niravita, & s. lestari 210 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) issued by a government agency.3 so, that based on the background description above, the writer formulates the problem formulations, namely: 1). how is the legality of a good product?; 2). how is the implementation of the legality of msme products in lerep village? b. method the writing of this article uses an empirical legal research method which looks at and also examines how the law works directly in a community environment. and in the process of writing this article, the author also directly examined the legality of msme products in lerep village. c. result and discussion 1. product legality as previously explained regarding permits or permits which are a form of approval or granting of permission from the competent authority for the implementation of a business activity by an entrepreneur or a company. these micro, small and medium enterprises are required to complete their personal data with business legality in the form of a business license, proof of registration or proof of data collection. this business license is very important, especially for micro, small and medium enterprises because with this business license, msmes can be protected, get legal confidence in enjoying comfort and security, can contribute significantly in increasing the added value of production, providing goods and services for the needs of the community, employment and dissemination of entrepreneurship development.4 in addition, by registering and also having a business license also has certain objectives from the community side and also from the government side. the purpose of licensing from the government side is such as to implement regulations regarding whether the provisions contained in the regulation are in accordance with the practice in life or not at all; as a source of regional revenue, because the request for a business license application will directly increase government revenue. then in addition to that, the purpose of licensing from the community's 3 as stated on peraturan menteri perdagangan ri nomor: 46/-dag/per/9 tentang penerbitan izin usaha (jakarta: 2009). 4 heri kusmanto & warjio, “pentingnya legalitas usaha bagi usaha mikro kecil dan menengah”, jurnal pendidikan ilmuilmu sosial, vol. 11 no. 2 (2019). empowering and protecting local products indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 211 point of view is to obtain legal certainty, to obtain certainty of rights, to obtain facilities.5 the business license required by business actors varies, depending on what type of business midwife the company will cover. types of business legality: 1) micro and small business license (iumk) 2) trading business license (siup) siup is a permit issued by the minister or authorized official who has been appointed to issue a license to entrepreneurs to be able to carry out business activities in the trade and services sector. this siup is given to entrepreneurs, both individuals, cv, pt, cooperatives and so on.6 3) business place permit (situ) a business place permit is a letter used to obtain a business license in a business location with the aim of not causing disturbance or loss to certain parties. this place of business permit is stipulated in the regional regulation of the domicile of the company concerned. and the basis for the ownership of this place of business license is regulated in regional regulations in each region.7 4) barcode a barcode is an arrangement of black and white vertical print lines with different widths and shapes which functions to store specific data such as production codes, identity numbers and others. the use of these barcodes can be found in shops, supermarkets or supermarkets to help track the items purchased and generate prices and previous data that have been programmed through data entry (database). the use of barcodes functions in retail purposes, one of which is upc (universal price codes), which are usually used for the purposes of products sold in supermarkets; then the use of barcodes for packaging which is usually used for delivery of goods; barcode for control purposes which is often used in product control, for example a barcode that shows the international standard serial number (issn) of a book. in addition, barcodes in use in the pharmaceutical field are to identify a medicinal product. 5 adrian sutedi, “hukum perizinan dalam sektor pelayanan publik”, jakarta: sinar grafika,p 20. 6 peraturan menteri perdagangan ri nomor: 46/-dag/per/9. tentang penerbitan izin usaha. 7 ibid. m. r. maulana, f. ramadhani, a. niravita, & s. lestari 212 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 5) brand definition of mark according to article 1 of law number 15 "a mark is a sign in the form of a picture, color arrangement, name, word letters, numbers, or a combination of these elements which has distinctive power and is also used in trading activities of goods or services.8 6) bpom the food and drug supervisory agency (bpom) is an institution in indonesia that is tasked with overseeing the distribution of drugs and food in indonesia. an effective and efficient drug and food control system (sis pom) capable of detecting, preventing and controlling products with the aim of protecting the safety, safety and health of consumers both at home and abroad. for this reason, a pom has been formed which has national and international networks as well as law enforcement authority and has high professional credibility. according to the regulation of the head of the indonesian food and drug supervisory agency number hk.00.05.1.23.3516 concerning the distribution of medicinal products, traditional medicines, cosmetics, supplements and food. 7) label labels are text, images, or a combination of both that is included in the container or packaging of a product by inserting it into, pasting or printing and is part of the package.9 the existence of a label on a product is very important. this is because the label is the identity of a product so that with a label, consumers can differentiate between one product and another. in addition, consumers can also get products according to what they want. the existence of a label can also eliminate consumer doubts in buying a product.10 2. implementation of product legality in lerep village legality for a product is certainly very important for msme business actors everywhere, in order to make it easier for them to market their products. in addition, it is also intended to provide clarity of legal protection for business actors and their products. but for those who carry out their umkm business activities in the village, they may still have a little understanding or difficulty in obtaining product legality for the 8 undang – undang republik indonesia nomor 20 tahun 2016 tentang merk. 9 feri kusnandar, “faq tentang pangan halal”, bandung: departemen ilmu teknologi pangan –ipb. 2010. diakses dari http://itp.fateta.ipb.ac.id. accessed on 18 march 2021. empowering and protecting local products indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 213 products they produce in making them a business facility. msmes need to receive special protection in facing the free market. the protection that is expected is in the form of, among other things, strengthening the capacity of human resources, capital, training, promotion, and a conducive business climate. with the existence of presidential regulation number 98 of 2014 concerning licensing for micro, small and medium enterprises, the license for msmes is only 1 sheet and can be issued in only 1 day by the sub-district. with a permit that can be completed in a day, msmes can get four benefits. first is business legality, second is the ease of obtaining capital because it is legal, then access to business assistance from the government, and fourth is the opportunity to obtain empowerment assistance from the government. the implementation of this ease of licensing for msmes is still not possible in all regions because there are still regional heads who have not issued regulations to delegate the authority to issue msme permits to districts.11 so that the business runs well and has clear legality. of course, there needs to be an official permit from the government. nowadays, many msme businessmen ignore this one thing. most of them think that licensing is only needed by businesses that are already moving on a large scale. licensing is the granting of legality to a certain person or business actor / activity, either in the form of a license or a business registration certificate. permits are one of the most widely used instruments in administrative law, to control the behavior of citizens.12 the public feels that the products of legislation regarding licensing and non-licensing management in various government agencies still prioritize the culture of official power, overlapping regulations, are bureaucratic, not transparent and often illegal levies occur. therefore, the arrangement of licensing and non-licensing management is needed.13 referring to law no. 20 of 2008 concerning msmes, the concept of micro, small and medium enterprises has many meanings: first, businesses that are established for the purpose of economic activity and not for non-profit activities: second, businesses that are productive or generate profits or profits from business, third , an independent or independent business that is not part, branch, or affiliate of another business: and the four businesses that are owned by individuals or business entities. the application of product legality 11 heri kusmanto, warjio, “pentingnya legalitas usaha bagi usaha mikro kecil dan menengah” jurnal pendidikan ilmu – ilmu sosial, vol. 11 no. 2 (2019): 321 322 12 philipus m. hadjon, 1993, pengantar hukum perizinan, surabaya: yuridika, p.2. 13 juniarso ridwan, 2009, hukum administrasi negara dan kebijakan pelayanan publik, bandung: nuansa, p.99. m. r. maulana, f. ramadhani, a. niravita, & s. lestari 214 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) in this village is usually a little difficult because residents are not easy to get business permits or product legality permits from the local government in running their msme businesses. according to the data that occurred in the field itself, the legality of the products contained in the msmes in lerep village still does not meet the requirements for running a business because of the lack of socialization from the government regarding the legality of the product and the awareness of residents who are msme business actors in implementing legality in products. because basically knowledge of legal aspects in entrepreneurship is also something that needs to be considered, because the status of a legal entity is an important basis when doing entrepreneurship. therefore, the company must have a certain legal entity in order to have legality in carrying out its activities. the objectives of licensing or product legality of a business are :14 a) from the government side through the government side, the objectives of granting permits are: 1) to implement regulations whether the provisions contained in the regulation are in accordance with the reality in practice or not and even to regulate order. 2) as a source of regional income with a request for a permit application, the government revenue will directly increase because each permit issued by the applicant must pay a levy first. the more income in the field of retribution, the final goal is to finance development. b) from the community's point of view, from the community's point of view, the purposes for granting the permit are as follows: 1) for legal certainty. 2) for certainty of rights. 3) to obtain facilities after the building has a permit. by tying actions to a licensing system, law making can serve the multiple purposes of a permit. as for the convenience of legality is part of msmes, namely, the legality statement provides information that the product has been registered with the food and drug supervisory agency (badan pom), in the form of a registration number code. md and sp codes are for local food and ml for imported food. however, there are still many products that are labelled halal, but are not registered as products that have been certified halal, this is especially so for products that have an sp code or are not coded at all. so for such products, according to apriyanto, it is consumer knowledge that 14 adrian sutedi, 2011, hukum perizinan dalam sektor pelayanan publik, jakarta: sinar grafika, p. 200 empowering and protecting local products indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 215 determines whether their halalness is doubtful or not, if in doubt, the best attitude is not to buy products that are questionable halal. in other words, the legality of products in the company must be legal according to laws and regulations, where the company is protected or covered with various documents until it is legal in the eyes of the government in power at that time.15 d. conclusion in essence the legality of a product is indeed very important and necessary in running a business, because the benefits that can be taken will be many if a product has obtained its legality in running its business, so the government should be even more diligent to appeal to msme actors in making their products become legal product. msme that has the legality of its company, the entrepreneur has received guarantees for the sustainability of his company, such as having legal protection, promotion facilities, proof of legal compliance, making it easier to obtain a project and facilitate business development. this business license is very important for every business so that it can facilitate and also launch business activities so that every business actor is required to be able to manage and have a business license issued by a government agency. e. acknowledgments none. f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. g. funding none. h. references heri kusmanto & warjio, w. 2019. pentingnya legalitas usaha bagi usaha mikro kecil dan menengah. jurnal pendidikan ilmuilmu sosial. vol 11 no. 2 15 janes sidabalok, 2012, hukum perusahaan: analisis terhadap pengaturan peran perusahaan dalam pembangunan ekonomi nasional di indonesia, bandung: cv.nuansa aulia p. 3 m. r. maulana, f. ramadhani, a. niravita, & s. lestari 216 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) irfani & nurmaya safitri. 2020. “perizinan terhadap usaha mikro kecil menengah (umkm) yang melakukan pencemaran lingkungan”. jurnal al’ adl vol. xii no. 2. m. hadjon, philipus. 1993, pengantar hukum perizinan, surabaya: yuridika. peraturan menteri perdagangan ri nomor: 46/-dag/per/9 tentang penerbitan izin usaha. ridwan, juniarso. 2009, hukum administrasi negara dan kebijakan pelayanan publik, bandung: nuansa. sidabalok, janes. 2012, hukum perusahaan: analisis terhadap pengaturan peran perusahaan dalam pembangunan ekonomi nasional di indonesia, bandung: cv.nuansa aulia. sutedi, adrian. 2011, hukum perizinan dalam sektor pelayanan publik, jakarta: sinar grafika. sutedi, adrian. 2011. “hukum perizinan dalam sektor pelayanan publik”. jakarta : sinar grafika. sutrisno, noer. 2009. “implementasikan catatan untuk majukan umkm, bisnis indonesia”. undang – undang nomor 20 tahun 2008 tentang usaha mikro, kecil dan menengah. undang – undang nomor 20 tahun 2016 tentang merek. wardani,susilo. 2017.kebijakan perizinan pengembangan umkm sebagai upaya mewujudkan negara kesejahteraan di era liberalisasi ekonomi global. jurnal publikasi ilmiah : 122-141. attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger 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and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d0efdf209d • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d1984c20cd • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 57 how consumers in indonesia are protected fairly? analysis of law no. 8 of 1999 concerning consumer protection dwi edi wibowo1* 1 faculty of law, universitas pekalongan, indonesia corresponding author: d.e. wibowo, email: dwiedi.unikal@gmail.com abstract: the progress of the times accompanied by increasingly sophisticated technology, opens new opportunities in the national economic development sector. new opportunities, namely business opportunities, are expected to encourage the macroeconomic sector to become more advanced so as to be able to improve the level of welfare of the people of indonesia, with an increase in business opportunities in the modern world, so goods and services as the main commodity will certainly develop as well. however, goods and services as an element in these economic transactions open up opportunities for the emergence of possible losses suffered by consumers as part of fraud, negligence, or intentional business actors. this condition raises an understanding of the need for protection of consumers as parties who are often harmed by the actions of these 'naughty' business actors. in fact, an institution has been formed which aims to bring consumers to defend their rights as consumers, namely the indonesian consumers foundation, but consumers are still reluctant to go through the judiciary for themselves so that they are more resigned to what they experience. keywords: law enforcement; consumer protection; justice a. introduction the progress of the times accompanied by increasingly sophisticated technology, opens new opportunities in the national economic development sector. this can be seen with the increase in various business opportunities that exist in the community. positively, this business opportunity is expected to encourage the macroeconomic sector to become more advanced so as to be indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 2 no. 1 (2020): 57-70. doi: 10.15294/ijals.v2i1.36546 submitted: 6 january 2020 revised: 23 february 2020 accepted: 18 march 2020 how to cite: wibowo, d. e. (2020). how consumers in indonesia are protected fairly?. indonesian journal of advocacy and legal services, 2(1), 57-70. https://doi.org/10.15294/ijals.v2i1.36546 d.e. wibowo 58 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) able to improve the level of welfare of the indonesian people as expected in the goals of the state as set out in the opening of the 1945 constitution, namely to improve the welfare of the indonesian people, by increasing business opportunities in the modern world this, then the goods and services as the main commodity will certainly grow as well. however, goods and services as an element in these economic transactions open up opportunities for the emergence of possible losses suffered by consumers as part of fraud, negligence, or intentional business actors. this condition raises the understanding of the need for protection of consumers as parties who are often harmed by the actions of these 'naughty' business actors. the issue of consumer protection does not seem to be of particular concern either by the government or by the wider community as consumers. before consumer protection was expressly known and developed, the understanding of consumers was more likely to be synonymous with the understanding of society in the development of matters relating to industry, trade, health and security issues. the things mentioned above finally gave birth to a regulation on consumer protection (law no.8 of 1999; state gazette of 1999 no. 42). in order to fulfil these philosophical points, law no.8 year 1999 confirms that the protection of indonesian consumers is based on benefits, justice, balance, security and safety, and legal certainty (article 2 and article explanation). so, it is illustrated that the ratio of the consumer protection act is: (a) balancing the bargaining power of consumers against business actors; and (b) encouraging business actors to be honest and responsible in carrying out their activities. the consumer protection act was born in response to the development and development of the economy today. consumers as the driving force in the economy are often in a weak or unbalanced position when compared to business actors and only become a tool in business activities to reap maximum profits by business actors. based on a general explanation of the law of the republic of indonesia number 8 of 1999 it is stated that the main factor that is the weakness of consumers in trade is the level of consumer awareness is still very low which is further known mainly due to low consumer education. referring to this, the consumer protection act is expected to be a strong legal foundation for the government and non-governmental consumer protection institutions to make efforts to empower consumers through guidance and consumer education. so hopefully all the interests of consumers in an integrative and comprehensive manner can be protected which in turn can improve the welfare of the indonesian people. legal case losses experienced by consumers as part of fraud, negligence or intentional business actors. this condition raises the understanding of the need for protection of consumers as parties who are how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 59 often harmed by the actions of these 'naughty' business actors. in this case it will raise issues regarding the enforcement aspects of law no. 8 of 1999 in protecting the interests of consumers has not been maximized. b. method this paper is a normative juridical writing, where the method in this research is literature study. this research focuses on consumer protection in indonesia based on the consumer protection act. the data presented in this paper were obtained from previous studies and other data both print and online sources. c. result and discussion 1. legal certainty in consumer protection before we look at the legal certainty in this law, we must first know and understand the meaning of consumers in the consumer protection act. law on consumer protection, in this case law number 8 of 1999, state gazette of 1999 no. 42, supplement to the state gazette. no. 3821, article 1 point 1 confirms that consumers are all users of goods and / or services available in the community, both for their own interests, family, other people and other living things and not for trading. further, the consumer protection act emphasizes the notion of 'consumer protection’ itself as all efforts that guarantee legal certainty to provide protection to consumers. this means that this law guarantees legal compliance to end users of a product in the form of goods and services circulating among the public.1 the legal certainty to provide protection to consumers, among others, is to increase the dignity of consumers who open access to information about goods and / or services for him and foster an honest and responsible business actor's attitude. while the objectives to be achieved in consumer protection (article 3) can generally be divided into three main parts, namely: a. empowering consumers in choosing, determining goods and / or services needs and demanding their rights, b. creating a consumer protection system that includes elements of legal certainty, information disclosure and access to obtain that information (article 3 letter d), and 1 ahmadi miru & sutarman yodo, hukum perlindungan konsumen, pt. rajagrafindo persada, jakarta, 2004, pp. 35-37; sunaryati hartono, hukum ekonomi pembangunan indonesia, bandung, bphn & binacipta, 1988, pp. 44-46. d.e. wibowo 60 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) c. raising awareness of business actors regarding the importance of consumer protection, so, as to grow honest and responsible attitude (article 3 letter e). consumer protection guaranteed by this law is directed to the existence of legal certainty for all the acquisition of consumer needs, which starts from "the seeds of life in the mother's womb to the burial place and all needs between the two". the legal certainty includes all efforts based on law to empower consumers to obtain or make choices about their goods and / or services as well as to defend or defend their rights if harmed by the behavior of the business actors providing the consumers' needs. consumer empowerment is by increasing awareness, ability and independence to protect themselves so as to be able to lift the dignity of consumers by avoiding various negative excesses of the use, use and utilization of goods and / or services needs. besides that, also the ease in the process of running consumer disputes arising from losses arising from losses of property, safety and health of the body, the use and/or utilization of consumer products. it is necessary to remember that before the consumer protection act was issued, "consumers are generally weak in the fields of economy, education and bargaining power", therefore it is necessary to have a law that protects the interests of consumers who have been ignored.2 2. consumer protection law enforcement consumer protection in the country of indonesia is still a matter of lack of attention. therefore, in anticipating products or services that are detrimental or harmful to consumers, some countries accompanied by free trade have introduced the product liability doctrine in their legal procedures, as in japan, law no. 85 of 1994 concerning product liability lists four categories or groups of producers, namely goods makers, importers, people who write their names on the product as producers or importers, someone who puts their name on the product. the application of the strict product liability doctrine, concluded that the distributor of the product can be held liable for losses suffered by consumers even though the distributor is not the producer who makes the goods, but only because it repackages the product and does not provide instructions or instructions for use for consumers to use the product with secure. 2 sembiring, & jj amstrong, “perbuatan melawan hukum dalam kaitannya dengan perlindungan konsumen”, thesis, universitas indonesia, 2006, http://lib.ui.ac.id/file?file=pdf/abstrak/id_abstrak-95702.pdf; sembiring sentosa, himpunan undang-undang tentang perlindungan konsumen dan peraturan perundangundangan yang terkait, nuansa aulia, bandung, 2006, pp. 76-78 http://lib.ui.ac.id/file?file=pdf/abstrak/id_abstrak-95702.pdf how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 61 the reality of law enforcement shows that consciously or unconsciously the law legitimizes socio-economic injustice, for example the legal structure is very possible for entrepreneurs / or producers to oppress consumers as one of the economic agents. through this doctrine, there has been a deregulation of the doctrine of acts against the law (article 1365 of the civil code) which states that every act that violates the law, which brings harm to others, obliges the person who because of his mistake to issue a loss, compensates for the loss. to be considered as an illegal act based on article 1365 of the civil code, an act must fulfil the following elements: a) there is an act against the law; b) the element of error; c) there are losses; d) there is a causal relationship that shows that a loss is caused by a person's mistake. there is an element of unlawfulness where an act against the law fulfils the following elements: (1) contrary to the rights of others; (2) contrary to his own legal obligations; (3) contradicting decency; (4) contradictory to the necessity that must be heeded in the association of society regarding other people or objects. these elements are basically alternative, meaning to fulfil that an act against the law, does not have to be fulfilled by all these elements. if an action has fulfilled just one element, then the action can be said as an act against the law.3 in this case, the actions of the law committed by the defendants are contrary to the rights of others and their own legal obligations. so that it increasingly balances the position and role of consumers against entrepreneurs, even though one of the principles of the rule of law has emphasized that everyone has the same position / balance before the law. in relation to free trade, if we are unable to capture or describe the "hidden" messages of the free trade era, then sooner or later indonesian consumers will experience / face increasingly complex problems in consuming increasingly diverse products and services. product liability terminology is still relatively new in the doctrine of law in indonesia. some translate it as "product liability" and some translate it as "product responsibility".4 3 inosentius samsul, “perlindungan konsumen, kemungkinan penerapan tanggung jawab mutlak”, thesis, universitas indonesia, 2004; agnes m. toar’s opinion, as quoted by johannes gunawan, “product liability dalam hukum bisnis indonesia”, orasi dies natalis xxxix universitas katolik parahyangan, bandung, januari 1994; purnadi purbacarka & soerjono soekanto, aneka cara pembedaan hukum, bandung, citra aditya bhakti, 1994, pp. 66-69 4 subekti, s., hukum acara perdata, bandung, binacipta, 1982, pp. 43-44; sumantoro (ed), hukum ekonomi, jakarta, ui press, 1986, pp. 33-36; sunaryati hartono, hukum ekonomi pembangunan indonesia, bandung, bphn & binacipta, 1988, pp. 76-77; http://putri-happiness.blogspot.com/2011/05/contoh-kasus-perlindungankonsumen.html; http://jenggoten.blogspot.com/2009/10/pengertian-productliability.html d.e. wibowo 62 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) in order to facilitate the discussion, author will use more of the original term without reducing the meaning or substance. the following are some of the definitions or formulations according to the black's law dictionary product liability refers to the legal liability of manufacturers and sellers to compensate buyers, users and even bystanders, for damages or injuries that are due to defects in good purchased. a tort which makes a manufacturer liable if its product has a defective condition that makes it unreasonably dangerous to the user or consumer. whereas the understanding of the product of thesprakelikeheid is the responsibility of the factory owner for the goods he produces, for example relating to the health of the buyer, user (consumer) or product safety. ius constituendum is given an understanding as the rule of law which is aspired to apply in a country.5 the product liability doctrine is expected to be introduced into the tort torture doctrine as regulated in article 1365 of the civil code. product liability is a term that is translated from product liability, in contrast to the doctrine of legal responsibility in general where product liability is caused by certain circumstances of the product (defective or harmful to others) is the absolute responsibility of the manufacturer called strict liability, with the implementation of liability this absolute responsibility, the manufacturer has been deemed guilty of loss to the consumer due to the defective product, except if he (the manufacturer) can prove otherwise that the loss was not caused by the manufacturer.6 in general, compensation due to defects in the goods itself is the responsibility of the seller. this means that the loss of goods purchased, consumers can submit claims based on the manufacturer's obligation to guarantee the quality of a product. this demand can be in the form of returning goods while demanding a return on the purchase price or exchanging goods of good quality. this compensation claim can be addressed to the producer and also to the seller as the party providing services to deliver goods / products from the producer to the seller (distributor) is obliged to guarantee the quality of the products they market, what is meant by a guarantee for the quality of this product is a guarantee or a guarantee that 5 henry campbell black, black’s law dictionary, st. paul mini, west publishing, co. 1983, pp. 456-457; n.e. algra & h.r.w. gokkel, kamus istilah hukum fockem – andrea: belanda – indonesia (saleh adiwinata, et.al (trans)), bandung, binacipta, 1983, pp. 56-57. 6 abubakar, l., & rodliah, n. “sharia governance on islamic banking: spiritual rights perspective on consumer protection in indonesia”, diponegoro law review, vol. 2 no. 1, 2017, pp. 227-244; yahanan, a., febrian, f., & rahim, r. a. “the protection of consumer rights for aviation safety and security in indonesia and malaysia”, sriwijaya law review, vol. 1 no. 1, 2017, pp. 27-43. how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 63 the items purchased will comply with certain product quality standards. if this standard is does not meet, then the buyer or consumer can obtain compensation from the producer or seller. article 1504 the civil code requires the seller to guarantee hidden defects found in the goods he sells. the defect must be a defect that is truly in such a way as to cause the item to be unable to be used perfectly, in accordance with the needs that should be lived by the object itself. or the defect results in a reduction in the benefits of the object from the intended use.7 regarding the issue whether the seller is aware of or will not be a defect is not a problem (article 1506 of the civil code) whether he knows or not the seller must guarantee for any hidden defects in the goods he sells. according to prof. subekti in the civil code: these hidden words must be interpreted that the existence of the defect is not easily seen by someone who is too thorough, because it is very possible that a person who is very thorough will find the defect. for defects that are easily seen and duly buyers can see without difficulty, then for such defects the seller is not responsible. because of such defects must be the responsibility of the consumer (buyer). here applies the principle that the buyer is solely responsible for defects that are normally noteworthy and easy to see. thus, an objective defect is easily seen normally without the need for careful examination from experts, is a hidden defect.8 in the case of hidden defects in the goods purchased, the buyer (consumer) can submit a claim or action to cancel the sale and purchase, provided that the provisions are promoted in a short time, with the details as specified in article 1508 of the civil code: 1) if the defect is initially known by the seller, the seller is obliged to return the sale price to the buyer and supplement the payment of compensation consisting of costs, losses and interest; 2) if this defect is truly unknown to the seller, then the seller is only obliged to return the sales price and costs (the costs incurred by the buyer when purchasing and delivering the goods); 3) if the goods purchased are 7 ayup suran ningsih, “the doctrine of product liability and negligence cannot be applied to malware-embedded software”, jils (journal of indonesian legal studies), vol. 4 no. 1, 2019, pp. 7-20. https://doi.org/10.15294/jils.v4i01.29157; rizki. baktiara amrullah, “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”, jils (journal of indonesian legal studies), vol. 4 no. 2, 2019 https://doi.org/10.15294/jils.v4i2.34770 8 ayup suran ningsih, op.cit.; rosadi, s. d., & tahira, z. “consumer protection in digital economy era: law in indonesia”, yustisia jurnal hukum, vol. 7 no. 1, 2018, pp 85-97; wood, j. t. “consumer protection: a case of successful regulation”. regulatory theory, 2017, p.633; wei, d. “consumer protection in the global context: the present status and some new trends”. in consumer law and socioeconomic development (pp. 3-23). springer, cham, 2017. d.e. wibowo 64 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) destroyed as a result of a hidden defect, the seller is still required to return the sale price to the buyer.9 unless the seller has requested to be promised not to bear anything in the event of a hidden defect in the goods he sells (article 1506), then that means that any hidden defects in the goods purchased are at the buyer's own risk. for example in the sale of goods which by their nature are easily damaged, such as the sale of glassware (glass, plates and so on), if the sales are in large quantities, then if the seller has requested the promised not to bear anything in the event of hidden defects in goods it sells, and the buyer has agreed, then this means that there are hidden defects in the goods purchased at the buyer's own risk.10 this clause is indeed permitted by the provisions in article 1493 of the civil code which states: both parties are allowed with special agreements, expanding or reducing the obligations stipulated by this law; that they are allowed to enter into agreements that the seller will not be obliged to bear in accordance with anything. in the case of a guarantee of suitability or eligibility, it is usually required that the goods: a. same with goods generally referred to as goods (same as similar goods); b. having ordinary quality unless otherwise stated; c. worthy of use for ordinary purposes; and d. must be wrapped and given adequate labels. the goods must comply with the information contained on the packaging or label. the liability specified in article 1367 paragraph (1) requires the producer as the party producing the product to bear any losses that might be caused by the state of the goods produced. producers are legally responsible and have the obligation to supervise the products they produce. this supervision must always be done carefully and according to expertise. if not as the party that produces the product can be considered negligent, and 9 dyah, i. g. a. i. d., para, p., & kasih, d. p. d. “perlindungan hukum terhadap konsumen terkait iklan yang menyesatkan ditinjau berdasarkan undang-undang perlindungan konsumen dan kode etik periklanan indonesia”, kertha semaya: journal ilmu hukum, vol. 5 no. 2, 2017, pp. 1-5; budianto, e., & wulandari, d. a. “critical study of criminal aspects of law number 8 of 1999 concerning consumer protection”, journal of law and legal reform, vol. 1 no. 2, 2020, pp. 333-352. 10 rahmat, a., & sinaulan, r. l. (2019, january). community empowerment in consumer law protection. in 1st non formal education international conference (nfeic 2018). atlantis press; widiarty, w. s. (2018). the legal analysis of consumer protection against the circulation of expired food products in indonesia. international journal of management and bussiness research, 8; kuncoro, a. b., handayani, i. r., muryanto, y. t., & karjoko, l. (2019, october). consumer protection based on justice in order to advance state administration systems in indonesia. in 3rd international conference on globalization of law and local wisdom (icglow 2019). atlantis press. how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 65 this negligence if it later causes illness, injury or death / death of the consumer who uses the product it produces, then the producer must be held responsible. if this is what is meant by article 1367 paragraph (1) of the civil code which states that a person can be held responsible for a loss caused by goods under his supervision.11 therefore, consumers as plaintiffs must be able to prove that the producers have committed acts that violate the law and that is on the basis of the manufacturer's mistakes as the party producing the product. in this case the manufacturer's fault was emphasized. whereas article 1365 bw does not distinguish intentionality from lack of caution but only states that there must be an error on the part of the maker of unlawful acts so that the maker can be required to bear / pay compensation. according to prof. wirjono in the bw civil code does not need to be bothered whether there is intentional or less careful. in the law of proof there is a principle known as the bewijsleer principle or doctrine of proof which states that whoever postulates it is an obligation to prove the argument and the event in question. especially in the case of mass produced goods, the consumer as the plaintiff proves that the product referred to was purchased by the producer, who is responsible for the negligent act, and that action is unlawful and there is an element of error and a causal relationship which causes the said loss. so in the case of producer accountability for the product which causes illness, injury or death / death of the consumer of the product requires the existence of proof in question. this proof work is not an easy job, especially for a consumer who is a layperson of the law. proving that someone's death or illness due to food, for example, requires laboratory tests. this certainly requires a lot of cost, time and energy. therefore, this proof is not easy or simple at all. provisions on this reverse verification are also regulated in the civil code as contained in article 1244 bw. by applying the "presumption of fault" rationale the burden of proving the existence of an error is reversed. defendant / producer is obliged to prove their innocence. 11 samudra, d. b., mediawati, n. f., multazam, m. t., & wati, e. r. “legal protection for consumer of the unlicensed vapor from drug and food supervisory agency”. fiat justisia, 11(4), 2018, pp.371-380; howells, g., & weatherill, s. consumer protection law. routledge, uk, 2017, pp. 112-115. see also pasiouras, f. “financial consumer protection and the cost of financial intermediation: evidence from advanced and developing economies”, management science, 64(2), 2018, pp. 902-924; hensler, d. r. (2018). using class actions to enforce consumer protection law. in handbook of research on international consumer law, second edition. edward elgar publishing. uk d.e. wibowo 66 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 3. legal theory analysis on consumera protection in indonesia law enforcement theory according to soerjono soekanto12, factors that influence law enforcement, namely: a. legal factors the practice of law enforcement in the field there are times when there is a conflict between legal certainty and justice, this is caused by the conception of justice as an abstract formula, whereas legal certainty is a normatively determined procedure. so, in essence the administration of law does not only include law enforcement, but also peace maintenance, because the administration of law is a process of harmonizing between the methods and patterns of real behavior aimed at achieving peace. b. law enforcement factors the function of law, mentality or personality of law enforcement officers plays an important role, if regulations are good, but the quality of officers is not good, there is a problem. therefore, one of the keys to success in law enforcement is the mentality or personality of law enforcement. c. supporting factors or facilities factors supporting facilities or facilities include software and hardware, one example of software is education. education received by the police today tends to be conventional practical matters, so that in many cases the police experience obstacles in their objectives, including knowledge of computer crime, in specific criminal acts which have so far been given authority to prosecutors, this is because technically the police are considered unable and not ready. d. community factors law enforcement comes from the community and aims to achieve peace in the community. every citizen or group has more or less legal awareness, the problem that arises is the level of legal compliance, namely high, moderate, or lacking legal compliance. the degree of community legal compliance with the law, is one indicator of the functioning of the law in question. e. cultural factors culture according to soerjono soekanto, has a very large function for humans and society, namely regulating so that humans can understand 12 purnadi purbacarka & soerjono soekanto, loc.cit., pp. 115-118; soerjono soekanto, faktor-faktor yang mempengaruhi penegakan hukum, jakarta, pt. raja grafindo persada, 2008, pp. 8-10. how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 67 how they should act, act, and determine their attitudes when they relate to others. thus, culture is a main line of behavior that sets rules about what must be done, and what is prohibited. d. conclusion law enforcement of consumer protection which is supported by the creation of a law on consumer protection which is an embodiment of the 1945 constitution which is to protect all indonesians, promote public welfare in every public interest, uncertainty about the legal protection of consumers is an obstacle to consumer protection efforts. in fact, an institution has been formed which aims to bring consumers to defend their rights as consumers, namely the indonesian consumers foundation, but consumers are still reluctant to go through the judiciary for themselves so that they are more resigned to what they experience. furthermore article 1367 of the civil code is very appropriate because of the absolute responsibility towards producers to provide compensation to consumers resulting from losses suffered by consumers caused by defective and dangerous goods. consumer protection is the organized effort of a caring community, honest and responsible government and business actors in promoting rights. and consumer power in relation to the seller. therefore, it seems that the consumer protection movement (consumerism) is not possible to encourage people to judge people by the amount of assets they collect and not from their deeds. consumerism is precisely to increase public awareness of the fate of people who for a long time have been and are still "oppressed". suggestions that in indonesia there must be legal certainty, so that the law can apply consistently, independence is not influenced by the name of politics and power. in addition, in order for the law enforcement of consumer protection to be carried out there must be consumer empowerment, consumers must be formed into intelligent consumers so that it is not easily oppressed by business actors who have power in the economic field. e. acknowledgments author would like to express the thakfullness to faculty of law, universitas negeri semarang, as well as to indonesian journal of advocacy and legal services editorial team. i also thank to faculty of law universitas pekalongan, central java indonesia. d.e. wibowo 68 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and/or publication of this article. g. funding none. h. references abubakar, l., & rodliah, n. (2017). sharia governance on islamic banking: spiritual rights perspective on consumer protection in indonesia. diponegoro law review, 2(1), 227-244. algra, n.e., & gokkel, h.r.w. (1983). kamus istilah hukum fockem– andrea: belanda–indonesia (saleh adiwinata, et.al (trans)). bandung: binacipta. amrullah, r.b. (2019). 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. jils (journal of indonesian legal studies), 4(2). https://doi.org/10.15294/jils.v4i2.34770 black, h.c. (1983). black’s law dictionary. st. paul mini: west publishing, co. budianto, e., & wulandari, d. a. (2020). critical study of criminal aspects of law number 8 of 1999 concerning consumer protection. journal of law and legal reform, 1(2), 333-352. dyah, i. g. a. i. d., para, p., & kasih, d. p. d. (2017). perlindungan hukum terhadap konsumen terkait iklan yang menyesatkan ditinjau berdasarkan undang-undang perlindungan konsumen dan kode etik periklanan indonesia. kertha semaya: journal ilmu hukum, 5(2), 1-5. gunawan, j. (january, 1994). “product liability dalam hukum bisnis indonesia”, orasi dies natalis xxxix universitas katolik parahyangan, bandung. hartono, s. (1988). hukum ekonomi pembangunan indonesia. bandung: bphn & binacipta. how consumers in indonesia are protected fairly? indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) 69 hensler, d. r. (2018). using class actions to enforce consumer protection law. in handbook of research on international consumer law, second edition. uk: edward elgar publishing. howells, g., & weatherill, s. (2017). consumer protection law. uk: routledge. http://putri-happiness.blogspot.com/2011/05/contoh-kasus-perlindungankonsumen.html http://jenggoten.blogspot.com/2009/10/pengertian-product-liability.html kuncoro, a. b., handayani, i. r., muryanto, y. t., & karjoko, l. (2019, october). consumer protection based on justice in order to advance state administration systems in indonesia. in 3rd international conference on globalization of law and local wisdom (icglow 2019). atlantis press. miru, a. & yodo, s. (2004). hukum perlindungan konsumen. jakarta: pt. rajagrafindo persada. ningsih, a.s. (2019). the doctrine of product liability and negligence cannot be applied to malware-embedded software. jils (journal of indonesian legal studies), 4(1), 7-20. https://doi.org/10.15294/jils.v4i01.29157. sembiring, s. & amstrong, jj. (2006). “perbuatan melawan hukum dalam kaitannya dengan perlindungan konsumen”, thesis, universitas indonesia. http://lib.ui.ac.id/file?file=pdf/abstrak/id_abstrak95702.pdf sentosa, s. (2006). himpunan undang-undang tentang perlindungan konsumen dan peraturan perundangundangan yang terkait. bandung: nuansa aulia. samsul, i. (2004). “perlindungan konsumen, kemungkinan penerapan tanggung jawab mutlak”, thesis, universitas indonesia. pasiouras, f. (2018). financial consumer protection and the cost of financial intermediation: evidence from advanced and developing economies. management science, 64(2), 902-924.purbacarka, p. & soekanto, s. (1994). aneka cara pembedaan hukum. bandung: citra aditya bhakti. rahmat, a., & sinaulan, r. l. (2019, january). community empowerment in consumer law protection. in 1st non-formal education international conference (nfeic 2018). atlantis press. rosadi, s. d., & tahira, z. (2018). consumer protection in digital economy era: law in indonesia. yustisia jurnal hukum, 7(1), 85-97. http://lib.ui.ac.id/file?file=pdf/abstrak/id_abstrak-95702.pdf http://lib.ui.ac.id/file?file=pdf/abstrak/id_abstrak-95702.pdf d.e. wibowo 70 indonesian journal of advocacy and legal services, vol. 2 no. 1 (2020) samudra, d. b., mediawati, n. f., multazam, m. t., & wati, e. r. (2018). legal protection for consumer of the unlicensed vapor from drug and food supervisory agency. fiat justisia, 11(4), 371-380. soekanto, s. (2008). faktor-faktor yang mempengaruhi penegakan hukum. jakarta: pt. raja grafindo persada. subekti, s. (1982). hukum acara perdata. bandung: binacipta. sumantoro, s. (ed) (1986). hukum ekonomi. jakarta: ui press. wei, d. (2017). consumer protection in the global context: the present status and some new trends”. in consumer law and socioeconomic development. uk: springer, cham. widiarty, w. s. (2018). the legal analysis of consumer protection against the circulation of expired food products in indonesia. international journal of management and bussiness research, 8. wood, j. t. (2017). consumer protection: a case of successful regulation. regulatory theory, 633. yahanan, a., febrian, f., & rahim, r. a. (2017). the protection of consumer rights for aviation safety and security in indonesia and malaysia. sriwijaya law review, 1(1), 27-43. copyrights © 2020 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 223 research article unraveling the authority of coal mining management by the regional government and its implications for regional autonomy dolot alhasni bakung 1* 1 faculty of law, universitas negeri gorontalo, indonesia *corresponding author: dolot a. bakung, email: dolot.alhasni.bakung@gmail.com abstract: the region has the authority to manage and regulate its territory independently based on the mandate of article 18 paragraph (2) of the 1945 constitution. one such authority is to manage natural resources in this case conducting coal mining. the management of coal mining under the minerba act places the district/city government in authority in its management. meanwhile, the local government law places the provincial government also in possession of this management authority. this gave birth to the dualism of regulation in terms of the authority to manage coal, giving rise to a contradiction between one rule and another. the problem in this study is first, how is the condition of coal mining management by local governments in the perspective of regional autonomy? second, what are the implications of the current coal mining arrangements by the regional government? the results of the study showed that coal mining authority from the district/municipal government under the minerba act then was transferred to the provincial government based on the regional government law was reasonable because of various problems that arose from the authority of the district/city government. however, this fact puts the authority of coal mining management in dualism and disharmony in its regulation. this dualism has implications for the disruption of the pattern of authority relations between the central and regional governments, financial management between the central and regional governments, and the division of supervisory authorities between the central and regional governments. keywords: authority; regional government; coal mining; implication indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 1 no. 2 (2020): 223-242 doi: 10.15294/ijals.v1i2.36069 submitted: 9 november 2019 revised: 20 december 2019 accepted: 2 january 2020 how to cite: bakung, d.a. (2020). unraveling the authority of coal mining management by the regional government and its implications for regional autonomy. indonesian journal of advocacy and legal services, 1(2), 223-242. doi: 10.15294/ijals.v1i2.36069 dolot alhasni bakung 224 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) a. introduction the region has the authority to independently manage and manage the region and its government. this is clearly mandated by article 18 paragraph (2) of the 1945 constitution of the republic of indonesia (1945 constitution), which states that “provincial, regency and city regional governments regulate and administer their own government affairs according to the autonomy principle and duties assistance”. the granting of authority to local governments aims to encourage efforts to improve people’s welfare, equitable development and justice in the form of regional autonomy to the greatest extent.1 affairs that can be managed by local governments include the management of natural resources included in the territory of an area. the implementation of the task of managing and utilizing natural resources by the regional government will be directly related to the principle of authority in the form of regional autonomy. basically, the management of natural resources by regional governments must not be carried out without considering various factors, one of which is not in conflict with the policies or legal rules set by the central government.2 affairs that are the authority of the regions in the principle of regional autonomy are divided into compulsory matters that are closely related to basic community services, including basic health education, public works and spatial planning, public housing and residential areas, peace, public order, and community protection, and social.3 in addition, there are regional government affairs that are optional that relate to the utilization and management of superior potentials and specificities of the region concerned. selected governmental affairs include marine and fisheries, tourism, 1 ridwan arifin & lilis eka lestari, penegakan dan perlindungan hak asasi manusia di indonesia dalam konteks implementasi sila kemanusiaan yang adil dan beradab, jurnal komunikasi hukum (jkh), vol. 5 no. 2, 2019, pp. 12-25; kania dewi andhika putri & ridwan arifin, tinjauan teoritis keadilan dan kepastian dalam hukum di indonesia (the theoretical review of justice and legal certainty in indonesia), mimbar yustitia, vol. 2 no. 2, 2019, pp. 142-58. 2 julyatika fitriyaningrum & ridwan arifin, the regulatory model for eradication corruption in infrastructure funding, varia justicia, vol. 15 no. 1, 2019, pp. 36-42; ridwan arifin & devanda prastiyo, korupsi kolektif (korupsi berjamaah) di indonesia: antara faktor penyebab dan penegakan hukum, jurnal hukum respublica, vol. 18 no.1, 2018, pp. 1-13. 3 article 12 paragraph (1) of law number 23 of 2014 concerning regional government as amended by law no. 9 of 2015 the second amendment to law no. 23 of 2014 concerning local government. unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 225 agriculture, forestry, energy and mineral resources, trade, industry, and transmigration.4 one of the natural resources that can be managed by local governments is the coal mining sector. the exercise of regional government authority in the coal mining business was handed over to the provincial government as an extension of the central government in the regions. this is clearly seen in the mandate of law no. 23 of 2014 as amended by law no. 9 of 2015 concerning regional government (local government law).5 based on the latest local government law, the authority of the regency or city government in the administration of government affairs in the mineral and coal mining sector is eliminated again. whereas previously based on law no. 4 of 2009 concerning mineral and coal mining (minerba law), regency/city local governments have authority in terms of coal mining management, starting from the granting of mining business permits (izin usaha pertambangan, hereafter called as iup) to the development and supervision of post-land mine.6 the management and utilization of coal mining is related to regional own-source revenue and is directly correlated with the division of authority at the level of government in carrying out regional government based on the principle of decentralization. therefore, the dualism of regulation in terms of the authority to manage coal creates a contradiction between one rule and another. on one hand the government is delegating authority to manage natural resources in the field of coal mining to the district / city government in the form of decentralization with legal umbrella under the minerba law, on the other hand the government through the latest regional government law transfers the authority to manage the mining to the provincial government.7 4 article 12 paragraph (3) of the local government law 5 see articles 14 and 15 (attachment) of the local government law 6 see article 8 of the coal mineral law, also see rodiyah, membangun politik hukum sumber daya alam (politik hukum pengelolaan sda indoesia (perspektif uu no. 23 tahun 2014 berbasis pada efektifitas pemerintahan yang mensejahterakan), thafamedia, yogyakarta, 2016, pp. 155-142. 7 for further reading, see nabbilah amir, lady grace natalia mintia, tasya maulina kharis, responsibilities of mining entrepreneurs for losses from mining activities in indonesia (case study in samarinda province of east kalimantan), advances in social science, education and humanities research proceedings of the 2nd international conference on indonesian legal studies (icils 2019), vol. 363, pp. 133-139; rodiyah, reformation of the administration of village government in indonesia based on law number 6 of 2014 on villages (comparing normative and empirical facts on villagers participation), advances in social science, education and humanities research proceedings of the 1st international conference on indonesian legal studies (icils 2018), vol. 192, pp. 264-269. https://www.atlantis-press.com/proceedings/icils-19/125922714 https://www.atlantis-press.com/proceedings/icils-19/125922714 https://www.atlantis-press.com/proceedings/series/assehr https://www.atlantis-press.com/proceedings/series/assehr https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/series/assehr dolot alhasni bakung 226 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) starting from the description of the above thought, the problems raised are: first, how is the condition of coal mining management by the regional government in the perspective of regional autonomy? second, what are the implications of the current local coal mining arrangements? b. method this research is a juridical-normative research using the statutory approach, case approach and historical approach. through these three approaches, problems can be seen that the implications of the management of coal mining are based on existing arrangements, as well as from the perspective of regional autonomy. c. result and discussion 1. management of coal mining in the regional autonomy perspective regional autonomy is the right of authority, and the obligation of autonomous regions to regulate and manage their own government affairs and the interests of local communities in accordance with statutory regulations.8 regional autonomy is held not only to ensure the efficiency of governance, but also a way to maintain a unitary state.9 referring to the unitary state institutions, in autonomy there is an element of supervision (toetzicht).10 therefore, the implementation of regional autonomy cannot be separated from the process of supervision by the central government within the framework of a unitary state. regional autonomy in a unitary country like indonesia was born from decentralization or the distribution of authority from the central government to regional governments. the decentralization model adopted in the concept of a unitary state will ultimately also affect relations between the central and regional governments, especially those relating to the distribution of regulatory authority over government affairs, and therefore, the existence of a multi-layered and multi-level government unit whose purpose is to prevent the domination of higher government authority.11 8 article 1 paragraph (5) of the local government law 9 bagir manan, menyongsong fajar otonomi daerah, pusat studi hukum (psh) hukum uii, yogyakarta, 2001, p. 3. 10 bagir manan, hubungan antara pusat dan daerah menurut uud 1945, pustaka sinar harapan, jakarta, 1994, pp. 22-29. 11 muhammad fauzan, hukum pemerintahan daerah kajian tentang hubungan keuangan antara pusat dan daerah, uii press, yogyakarta, 2006, p. 80. unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 227 the regional autonomy regime is currently contained in the regional government law. in the current practice of regional autonomy, in addition to the decentralization model, the regional government law also provides the authority to grant authority from the central government to the provincial government based on the principle of deconcentration. even though the regional government law regulates such principles as the principle of division of authority based on the principles of decentralization and deconcentration, in the regional government law it also still carries problems related to the relationship between the center and the regions, these problems in practice have led to spanning interests between the two government units, especially in a unitary state, the efforts of the central government to always be in control of various government affairs are very clear.12 in a unitary state, all governmental power is in the hands of the central government. the central government can delegate its power to constituent units but what is delegated may also be withdrawn. one of the authorities that can be given by the central government to local governments is the process of natural resource management, in this case specifically coal mining. coal mining in the indonesian jurisdiction, is a non-renewable natural wealth, plays a very important role in fulfilling the lives of many people. the mining sector also plays a role in providing an economic multiplier effect. mining business has a positive impact which is to increase the country’s foreign exchange and local original income.13 in the field of manpower, mining businesses absorb a lot of labor both nationally and internationally. apart from the positive impact, the mining business should be managed by taking into account the principles of environmental management as stipulated by the law.14 mining companies have a very significant role in the regional economy, both in increasing the economic income of the community, employment, and the development of education. with regard to the national economy, the mining business contributes to increased exports in the mining sector.15 meanwhile, coal mining is specifically expected to grow the regional economy through local tax revenue, employment which has an impact on 12 dudung abdullah, hubungan pemerintah pusat dengan pemerintah daerah, jurnal hukum positum, vol. 1, no. 1, 2016, p 83. 13 fenti u. puluhulawa, pertambangan mineral batubara dalam perspektif hukum, interpena, yogyakarta, 2014, p. 15. 14 ibid., p. 16 15 irwandy arif, permasalahan dan tantangan industri pertambangan di masa yang akan datang, presented at national seminar of mineral and coal mining, geology students union, universitas hassanuddin, 20 april 2009, p. 2. dolot alhasni bakung 228 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) local community income. its presence greatly contributes greatly to the local economy and community acceptance.16 as a state that adheres to the principle of a unitary state, where the holder of state power is carried out centrally by the central government, so that all state affairs become the rights, authority, and obligations of the central government. however, through the concept of decentralization or autonomy, the government delegates as its authority to be implemented by the regions. the delegation of authority of this region is in order to provide opportunities for regions to participate in improving the welfare of the community. in this regard, the process of managing coal mining whose authority is given to local governments is a form of implementing regional autonomy in accordance with the mandate of the regional government law. in addition, the authority to manage coal mining by local governments is also contained in the minerba law. therefore, the main idea of conducting a mining business is in the context of the implementation of decentralization and regional autonomy, the management of coal mineral mining is carried out based on the principle of externality and efficiency involving the government and regional governments.17 constructively the mining management authority is handed over directly by the central government to the regional government in the form of regional autonomy so that the utilization of natural resources in the field of coal mining in the form of exploration must be carried out in a sustainable manner and based on good planning so that it will bring prosperity and prosperity to all existing communities in the area. 2. problems in management of coal mining by regency or city region the authority of regency or city management of coal mining which was born from regional autonomy creates problems in the process of granting permits. the authority of the regency or city regional head who carelessly and carelessly abolishes mining permits without a clear environmental impact analysis procedure thereby damaging the ecosystem of the area. in addition to the environment, it is not uncommon for people in the environment around mining to also experience social friction with mining owners. 16 teuku adi pahlevi, et.al, dampak dan evaluasipertambangan batubara di kecamatan mereubo, risalah kebijakan pertanian dan lingkungan, vol. 2 no. 2, 2015, p. 176. 17 fenti u. puluhulawa, op.cit. p. 169 unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 229 salim emphasized that a result of the mining business in indonesia is the emergence of negative impacts in the mining of minerals as a result of the mining business. the negative impacts of the existence of the mining business such as: the destruction of the forest area in the area around the mine, pollution of the sea, disease outbreaks for residents who live in the mining area, as well as conflicts between communities around the mine and the mining company.18 the environmental problem is the first thing that is felt from the issuance of a coal mining permit. data releases from kompas research and development state that mining activities in east kalimantan currently have an impact on environmental damage and eviction of residents. damage to the environmental function includes erosion of the former mining area to form large holes resembling artificial lakes, landslides, and pollution of river water that has been consumed by residents. whereas mining activities in this area are mostly based on 33 coal mining concession agreements (pkp2b) from the central government and 1,212 mining authorities from districts or cities (867 mining contract19 of which are in kutai negara regency, 138 in west kutai regency, and 76 in samarinda).20 the cause of environmental cases according to hartiwiningsih is partly sourced from policies that do not favor environmental interests, not exactly the type of sanctions at the application stage, there is no common perception among law enforcement regarding environmental cases, the low legality of employers regarding the importance of preserving environmental functions, the absence of synchronization vertical and horizontal in general environmental law and sectoral environmental law, there is no synchronization, synchronization, and harmony.21 in terms of licensing, data from the east kalimantan mining and energy office stated that a total of 1,180 mining authorization permits had been issued. based on that number, an area of 391 thousand hectares originated from mining authorization permits that have entered the exploitation stage. judging from the number of mining authorization permits, kutai kartanegara regency ranks highest with 271 kp licenses followed by west kutai with 138 kp permits and 73 permits districts, and then other regencies or cities. the largest coal mining area in east 18 h. salim hs, hukum pertambangan indonesia, pt.raja grafindo persada, jakarta, 2008, p.6. 19 hereinafter referred as kp (kontrak pertambangan) 20 kompas, 28 july 2010, mahakam pun sudah di kapling; kompas, 29 july 2010, bumi tak berona. 21 hartiwiningsih, penegakan hukum pidana lingkungan, professor inaugural speech on universitas sebelas maret, 2009, p.3. dolot alhasni bakung 230 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) kalimantan province is kutai kartanegara with an area of 1.2 million hectare, east kutai with 670 hectares, and west kutai with an area of 395 thousand hectare. the coal mining area above is the mining authority whose permit is issued by the regency or city government.22 mining exploration that starts from land clearing or forest, stripping the soil layer and up to scouring soil at a certain depth directly results in the disruption of the ecosystem and environment in the area. in addition, the issuance of law no. 19 of 2004 concerning establishment of government regulations in lieu of law number 1 of 2004 concerning amendment to law number 41 of 1999 concerning forestry into a law allowing mining in protected forests is a disaster in environmental conservation.23 the surge in mineral and coal mining licenses has increasingly pushed the acceleration of environmental damage. changes in the landscape caused by mining activities increase the risk of disaster and vulnerability of an area. drought, landslides, floods, and pollution caused by waste from mining activities. this environmental damage can be seen in samarinda where the coal mining concession area which covers 71% of samarinda city causes more and more regular flooding. up to 2015, 35 flood points were recorded, up from 29 flood points in 2011. not only crippling residents’ activities, samarinda floods have also undermined the state’s finance amounting to rp 600 billion taken from the east kalimantan regional budget (apbd) each year.24 this explosion of licensing in a relatively short time has caused many problems, both administrative and field problems. findings of the corruption eradication commission (kpk) in the coordination and supervision of the mineral and coal sector conducted since 2014, recorded: as many as 4,843 licenses that do not have a taxpayer identification number; 4,563 licenses for the status of non clear and clean; only 2,304 or 29% permits are obedient in paying taxes; as many as 25.8 million ha of mining concessions out of 6,163 permits are in conservation forests, protected forests and production forests, but only 441,000 ha or 517 permits have a forest area borrowing permit (izin pinjam pakai kawasan hutan or ippkh).25 the issuance of various mining authorization permits by the regional head indicates that there has been a sale in terms of mining licensing in the 22 www.kaltimpost, 4 june 2009 23 suparto wijoyo, sketsa lingkungan dan wajah hukumnya, airlangga university press, surabaya, 2005, p.28. 24 artikel 33, kilas balik uu pertambangan dan uu pemda, p.2, accessed on www.artikel33.co.id. 25 ibid. http://www.kaltimpost/ http://www.artikel33.co.id/ unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 231 region. this raises another problem, namely the regional head who flirted with the owner of the mining company so that a criminal bribery case ensnared in order to smooth a mining permit. some regional heads such as the former governor of north sulawesi, regent of kutai kartanegara, regent of north konawe, were caught in a arrest operation by the corruption eradication commission in the case of coal mining licensing involving mining entrepreneurs. in the case of mining business supervision, the region has only one technical supervision instrument, namely the mine inspector. other issues related to mine inspectors also vary, ranging from the lack of number and quality of mining inspectors owned by the region, the extent of the mining area that must be monitored by the mine inspector, to the skewed view that the presence of mining inspectors is only a formality solely by mining companies and by regional officials. therefore, any results resulting from the work of the mine inspector are merely administrative matters, so the resolution is carried out outside the court. another problem related to the mine inspector is that when reporting on irregularities committed by a mining company, the party will get a transfer to another regional government unit, this is due to the anxiety of the mining company that has been previously reported to the regional head, resulting in practice which is not healthy under mine supervision in the area. the number of permits issued by the local government indicates that there has been excessive use of regional authority in the management of natural resources in the field of coal mining. in addition, in its application in the field it also shows the transparency of the licensing process from the submission to the issuance of permits. there is almost no open information about who makes the permit application, who gets the permit, and what the process is. all forms of mining sector information have never been made accessible by the district government. with the protracted mining conflicts that cannot be completely resolved by the local government, it is very natural that the coal mining permit implementation process will be withdrawn by the central government and given to the provincial government in the form of deconcentration through the regional government law no. 23 of 2014. 3. authority of coal mining management by local governments the birth of the law on mining is a form of fragmentation of natural resource arrangements that had previously been regulated in the basic agrarian law. in general, the initial regulatory arrangements in the mining sector had begun during the dutch east indies through the indische dolot alhasni bakung 232 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) mijnwet staatsblad of 1899 number 214. the staatsblad regulates the classification of minerals and mining operations. after the staatsblad, the netherlands indies government subsequently issued several other regulations related to mining, namely mijnordonnantie 1907 which regulates work safety supervision, mijnordonnantie 1930 which revoked mijnordonnatie 1907 which in mijnordonnatie 1930 the work supervision regulation was abolished.26 regulations regarding mining regulations have gone through various phases, starting with law no. 10 of 1959 concerning the cancellation of mining rights, law no. 37 of 1960 concerning mining, law no. 11 of 1967 concerning mining principles to the last phase is law number 4 of 2009 concerning mineral and coal mining. based on the minerba law, the exploitation of mining activities, particularly related to management authority and the granting of mining authorization business permits, is also the authority of the regional government, in this case the provincial and district or city governments. this is clearly seen in article 7 and article 8 of the minerba law. article 7 stated that: provincial authorities in the management of mineral and coal mining, inter alia, are: a. making regional legislation b. granting mining business permit (izin usaha pertambangan, or iup), fostering, resolving community conflicts and supervising mining businesses in cross regency/city and/or sea areas 4 (four) miles up to 12 (twelve) miles c. provision of iup, guidance, resolution of community conflicts and supervision of mining operations in production operations whose activities are in crossing regency or city areas and/or sea areas 4 (four) miles up to 12 (twelve) miles d. provision of iup, guidance, resolution of community conflicts and supervision of mining businesses that have direct environmental impacts across regencies /cities and/or sea areas 4 (four) miles up to 12 (twelve) miles e. inventory, investigation and research and exploration in order to obtain mineral and coal data and information in accordance with their authority f. management of geological information, information on potential mineral and coal resources, as well as mining information in provincial areas / regions 26 ahmad redi, hukum pertambangan indonesia, gramata publishing, bekasi, 2014, pp. 40-41. unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 233 g. preparation of mineral and coal resource balance in provincial areas / regions h. development and increase of added value of mining business activities in the province i. development and improvement of community participation in businessmining with regard to environmental sustainability j. coordinating permits and supervising the use of explosives in the mining area in accordance with their authority k. submitting information on the results of an inventory, general investigation, andresearch and exploration to the minister and regents / mayors l. submitting information on the results of production, domestic sales, and exports to the minister and regents/mayors m. guidance and supervision of post-mining land reclamation article 8 stated that: the authority of regency/city governments is regulated in the management of mineral and coal mining, including but not limited to: a. making regional legislation b. provision of iup and ipr, guidance, resolution of community conflicts, and supervision of mining businesses in the regency/city area and/or sea area up to 4 (four) miles c. provision of iup and ipr, guidance, resolution of community conflicts and supervising mining operations in production operations located in the district/city area and / or sea area for up to 4 (four) miles d. inventory, investigation and research, and exploration in order to obtain mineral and coal data and information e. management of geological information, mineral and coal potential information, and mining information in the regency/city area f. preparation of mineral and coal resource balance in the region district/city g. development and empowerment of local communities in mining operations by paying attention to environmental sustainability h. development and improvement of added value and benefits of activities mining operations optimally i. submitting information on the results of inventory, general investigation and research, as well as exploration and exploitation to the minister and governor j. submitting information on the results of production, domestic sales, and exports to the minister and the governor dolot alhasni bakung 234 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) k. guidance and supervision of post-mining land reclamation l. increasing the ability of the district/city government apparatus in managing mining business m. enhancing the capacity of the provincial and district/city government apparatus in managing mining business. the difference in authority is only in the jurisdiction of government alone. the intended difference is that the central government has the authority to cover management of the entire national territory, or across provinces, or if it is more than 12 miles from the coastline. meanwhile, for the authority of the provincial and district/city governments, it is only up to 12 miles and four miles. in addition there are also forms of natural resource management which are carried out by monopolies by district/city governments, namely the granting of community mining permits. holistically, the minerba law clearly shows the spirit of decentralization within the framework of regional autonomy by regional governments. therefore, through this minerba law, the regency/city regional government is the government unit that receives the most benefits in managing coal mining. these benefits, for example, can be seen from the increase in local revenue. if the local government usually gets a smaller portion of the mining results, then given the authority, the opposite happens, where the district/city local government has a larger portion than the central government. the granting of authority to the regions in the management of mining and coal shows that the minerba law is a response to the spirit of decentralized natural resource management. this attribution authority has never been given in the previous mining laws. the granting of the authority of the government to the regency/city is in line with the sting of regional autonomy in the principle of implementing decentralization. this is clearly illustrated in the general explanation of the minerba law which states that in the framework of the implementation of decentralization and regional autonomy, the management of mineral and coal mining is carried out based on the principles of externality, accountability and efficiency involving the government and regional governments. in addition, the authority possessed by the regency/city is very appropriate, because the regency/city government best understands the conditions of the potential natural resources contained in its area. the birth of the minerba law which gives authority to government units other than the central government has been in line with legal unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 235 considerations. the constitutional court decision27 which states the meaning of “controlled by the state” must be interpreted to include the meaning of control by the state in the broad sense derived from the conception of sovereignty of the indonesian people over all sources of wealth "earth and water and natural resources contained therein, including the notion of public ownership by the collectivity of the people over the intended sources of wealth. the people collectively constructed by the 1945 constitution of the republic of indonesia gave a mandate to the state to carry out its functions in carrying out policies (beleid) and management measures (bestuursdaad), regulation (regelendaad), management (beheersdaad), and supervision (toezichthoudensdaad) by the state. based on minerba, the regency/city government is the level of government that has the authority to regulate authority and is responsible for all coal mining utilization and management activities. however, this is inversely proportional to the birth of the latest local government law. in this local government law, the authority for mineral and coal mining permits lies with the central and provincial government. district/city government does not have the authority to determine whether or not mining licenses are issued. considering that the regions are not producing natural resources for minerals and coal and have no income, the regional original income, this law is expected to equalize the general allocation fund (dau) and the special allocation fund (dak).28 therefore, the granting of mining licenses is more focused on the central government, so that other regions do not feel abandoned or disadvantaged, but also in the context of the unitary state of indonesia, it is hoped that all regions can develop. the birth of this local government law directly resulted in disharmony of the authority to manage coal mining by regencies/cities. the principle of regional autonomy that puts district/city as a government unit that can receive benefits directly from the management of coal mining places the district/city government in a weak position and will not benefit from a coal mining process carried out in its area. 4. implications of dualism authority of coal mining management the problem that often arises in countries where the law is the foundation of state administration as in indonesia is the number of 27 decision of the constitutional court number 002 / puu-i / 2003 concerning the testing of law number 22 of 2001 concerning oil and gas against the 1945 constitution of the republic of indonesia, december 15, 2004, pp. 208-209. 28 dau (dana alokasi umum), dak (dana alokasi khusus), see minutes of the draft bill on regional government, 12 april 2012 dolot alhasni bakung 236 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) regulations that are born from state government units, both horizontally and vertically. with so many existing regulations, it is not uncommon for disharmony between one regulation and another. this will result in the nonmaximum regulation which becomes the legal umbrella of a policy. disharmonization of regulations that occur directly affects the life of the state administration in indonesia, namely the relationship between the composition of government (central government and provincial government). with regard to the authority of coal mining management currently experiencing disharmony in the implementation of governmental tasks between the provincial government in the form of deconcentration from the central government and district/city governments mandated by two different laws, according to the authors, it has implications for three things, namely as follows. 1) the pattern of authority relations between the central and regional governments the absence of district/city government authority in managing coal mining will affect coordination between the center and the regions. this pattern of authority has the potential to make the relationship between the central government and district/city governments less mutually supportive as a whole. this is of course caused by the regency / city area which still feels heavy giving its authority to the provincial government. in addition to disrupting the constitutional mandate in the implementation of regional autonomy, the regional government law will also create other problems, for example the governor will need a long time to review and take solutions related to mining problems that occur. at the beginning of the governor must be swift to make changes in the form of placement/transfer of competent employees in the field of mineral and coal mining to be placed in the province. if the state civil apparatus does have a mining background it will certainly make it easier for the governor. however, if the province does not or even has employees with a mining background, this will certainly cause other problems in the form of the governor recklessly appointing employees in line with his security to occupy that position. with the opening of the provincial authority, it is not impossible that the practice of corruption and collusion and nepotism which previously undermined mining management issues in the district/city will also occur to the provincial government. unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 237 2) financial management between the central and regional governments since the beginning of decentralization, it has been intended to support the achievement of the objectives of regional autonomy in order to improve people's welfare. to support this condition, the implementation of regional autonomy accompanied by fiscal decentralization, which includes the general allocation fund (dau), revenue sharing funds (dana bagi hasil, or dbh) and special allocation funds (dak). in addition to the three fiscal instruments as a balancing fund, the government also allocates expenditure within the framework of the principle of deconcentration and coadministration tasks that are directly to the regions without going through the apbd. based on law no.33 of 2004 concerning fiscal balance between the central government and regional governments, financial balance is defined as a system of financial sharing that is fair, proportional, democratic, transparent, and efficient in the framework of funding the implementation of decentralization by considering the potential, conditions, and needs of the region and the amount of funding for the implementation of deconcentration and co-administration tasks.29 the policy of financial balance between the center and the regions is carried out by following the division of authority or money follows function. this means that the financial relationship between the center and the regions needs to be regulated in such a way that the expenditure needs that will be the responsibility of the region can be financed from existing revenue sources.30 basically, it can be said that related to central-regional financial balance, that is, the money provided follows decentralized functions. the implementation of fiscal decentralization follows the legal umbrella of implementing regional autonomy. changes in legal instruments regarding regional authority in managing their regions will affect each of the fiscal decentralization policies. this can be seen in the change of authority in the financial pattern of coal mining management as a result of changes in the regional government law. with the current local government law, the municipal district government will lose one source of regional original revenue (pad) due to 29 article 1 paragraph (3) of law no.33 of 2004 30 machfud sidik, format hubungan pemerintah pusat dan daerah yang mengacu pada pencapaian tujuan nasional, paper on national seminar “public sector scorecard”, directorate general of central and regional balance of the ministry of finance of the republic of indonesia, 2002. dolot alhasni bakung 238 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) the loss of authority in the field of mineral and coal mining.31 in addition, another thing that has changed is about the provision of profit sharing funds. the 2014 local government law only provides for elaboration and not nominal related to revenue sharing between the center and the regions.32 this is different from law number 33 of 2004 which details the distribution of revenue sharing funds between the center and the regions. the absence of a clear division of the regional government law according to the authors is odd, because between the two acts accommodate the same financial principles. this will also have implications for the regulation of the financial balance act between the central government and the regions if there is a change in substance in the future. 3) distribution of supervisory authority between the central and regional governments the authority of the regency/city government is not given, so it is not only in terms of supervision that the regency/city government loses its authority but also in terms of the research process, the determination of coal mining areas. with the loss of district / city government authority in regard to the authority to exploit coal mining, it will affect many things. as it is known that mineral and coal mining is a type of non-renewable natural resources and its destructive nature is very high, so however, mining activities will be very detrimental to the environment and people who are in the mining area. meanwhile, mining areas are always located within the regency/city. therefore, according to the researchers, it becomes ambiguous when an area that should be managed by a local government is instead transferred to another government. by removing the authority of the district /city government indirectly, the supervision process cannot be carried out by the district/city government anymore, so this will certainly affect the environmental area and increase the consequences of damage to the ecosystem in the district/city. 31 article 285 paragraph (1) of the 2014 regional government law specifies that regional own-source revenues include: (1) local taxes; (2) local user fees; (3) results of the management of separated regional assets; and (4) others legitimate regional original income. meanwhile, based on article 2 paragraph (2) letter f of law number 28 year 2009 concerning regional taxes and regional levies, it states that the pad component relating to the control of the regency/city regional government in the field of mineral mining is the regional tax and the results of the management of regional assets that are separated. 32 according to law number 33 of 2004 concerning fiscal balance between the central government and regional governments, dbh is 20% for the central government and 80% for regional governments (with details 16% for provinces and 64% for producing districts/cities). this is stated in article 17 of law number 33 of 2004 concerning financial balance between the central government and regional governments. unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 239 with the negative impacts that always arise from an exploration and exploitation of natural resources, the supervision process will not be effective without involving local government structures. the absence of authority involving the district or city government in assisting the provincial government, will directly the process of integration and harmonization of policies will not run effectively. in addition, with a wide range of work, the provincial government in this case the governor cannot intensively monitor, foster, and supervise if there are problems in the coal mining area. d. conclusion the authority to manage coal mining owned by the regency /city government as contained in the minerba law has been in line with the spirit of regional autonomy mandated by the 1945 constitution. however, with various kinds of problems that occur after the authority has been granted, it is very reasonable for the central government to withdraw the authority. the step of the central government through the legislators who then transferred the authority to the provincial government in the form of deconcentration actually gave birth to dualism and disharmony in the regulation of coal mining management authority. in addition to the loss of authority of district / city governments, the dualism also has implications for: the pattern of authority relations between the central and regional governments, financial management between the central and regional governments, and the division of supervisory authority between the central and regional governments. e. acknowledgments thanks to universitas negeri goronatalo, faculty of law. author also would like o express great thankfulness to editorial team journal of advocacy and legal services, faculty of law, universitas negeri semarang, indonesia. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and / or publication / publication of this article. dolot alhasni bakung 240 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) g. funding none h. references abdullah, d. (2016). hubungan pemerintah pusat dengan pemerintah daerah. jurnal hukum positum, 1(1), 83-103. doi: http://dx.doi.org/10.35706/positum.v1i1.501. amir, n., mintia, l.g.n., & kharis, t. m. (2019). responsibilities of mining entrepreneurs for losses from mining activities in indonesia (case study in samarinda province of east kalimantan), advances in social science, education and humanities research proceedings of the 2nd international conference on indonesian legal studies (icils 2019), vol. 363, 133-139. doi: https://doi.org/10.2991/icils-19.2019.24 arifin, r. & lestari, l.e. (2019). penegakan dan perlindungan hak asasi manusia di indonesia dalam konteks implementasi sila kemanusiaan yang adil dan beradab. jurnal komunikasi hukum (jkh), 5(2), 1225. doi: http://dx.doi.org/10.23887/jkh.v5i2.16497. arifin, r. & prastiyo, d. (2018). korupsi kolektif (korupsi berjamaah) di indonesia: antara faktor penyebab dan penegakan hukum. jurnal hukum respublica, 18(1), 1-13. https://doi.org/10.31849/respublica.v18i1.2189. arif, i. (2009). permasalahan dan tantangan industri pertambangan di masa yang akan datang, presented at national seminar of mineral and coal mining, geology students union, universitas hassanuddin, 20 april. artikel 33, kilas balik uu pertambangan dan uu pemda, www.artikel33.co.id. decision of the constitutional court number 002 / puu-i / 2003 concerning the testing of law number 22 of 2001 concerning oil and gas against the 1945 constitution of the republic of indonesia, december 15, 2004. fachlevi, t. a., putri, e.a.k., & simanjuntak, s.m.h. (2015). dampak dan evaluasipertambangan batubara di kecamatan mereubo. risalah kebijakan pertanian dan lingkungan, 2(2), 170-179. doi: doi: https://doi.org/10.20957/jkebijakan.v2i2.10989. fauzan, m. (2006). hukum pemerintahan daerah kajian tentang hubungan keuangan antara pusat dan daerah. yogyakarta: uii press. fitriyaningrum, j. & arifin, r. (2019). the regulatory model for eradication corruption in infrastructure funding. varia justicia, 15(1), 36-42. https://doi.org/10.31603/variajusticia.v15i1.2421. hartiwiningsih, h. (2009). penegakan hukum pidana lingkungan, professor inaugural speech on universitas sebelas maret. https://dx.doi.org/10.35706/positum.v1i1.501 https://www.atlantis-press.com/proceedings/icils-19/125922714 https://www.atlantis-press.com/proceedings/icils-19/125922714 https://www.atlantis-press.com/proceedings/icils-19/125922714 https://www.atlantis-press.com/proceedings/series/assehr https://www.atlantis-press.com/proceedings/series/assehr https://dx.doi.org/10.2991/icils-19.2019.24 http://dx.doi.org/10.23887/jkh.v5i2.16497 http://www.artikel33.co.id/ https://doi.org/10.20957/jkebijakan.v2i2.10989 unraveling the authority of coal mining management indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) 241 salim hs. (2008). hukum pertambangan indonesia. jakarta: pt.raja grafindo persada. kaltimpost, www.kaltimpost, 4 june 2009 kompas, 28 july 2010, mahakam pun sudah di kapling kompas, 29 july 2010, bumi tak berona. law number 23 of 2014 concerning regional government as amended by law no. 9 of 2015 the second amendment to law no. 23 of 2014 concerning local government. law number 33 of 2004 concerning fiscal balance between the central government and regional governments. manan, b. (2001). menyongsong fajar otonomi daerah. yogyakarta: pusat studi hukum (psh) hukum uii. manan, b. (1994). hubungan antara pusat dan daerah menurut uud 1945. jakarta: pustaka sinar harapan. putri, k.d.a. & arifin, r. (2019). tinjauan teoritis keadilan dan kepastian dalam hukum di indonesia (the theoretical review of justice and legal certainty in indonesia). mimbar yustitia, 2(2), 142-58. http://e-jurnal.unisda.ac.id/index.php/mimbar/article/view/1344. puluhulawa, f.u. (2014). pertambangan mineral batubara dalam perspektif hukum. yogyakarta: interpena. redi, a. (2014). hukum pertambangan indonesia. bekasi: gramata publishing. rodiyah, r. (2016). membangun politik hukum sumber daya alam (politik hukum pengelolaan sda indoesia (perspektif uu no. 23 tahun 2014 berbasis pada efektifitas pemerintahan yang mensejahterakan). yogyakarta: thafamedia. rodiyah, r. (2018). reformation of the administration of village government in indonesia based on law number 6 of 2014 on villages (comparing normative and empirical facts on villagers participation), advances in social science, education and humanities research proceedings of the 1st international conference on indonesian legal studies (icils 2018), vol. 192, 264-269. doi: https://doi.org/10.2991/icils-18.2018.50 sidik, m. (2002). format hubungan pemerintah pusat dan daerah yang mengacu pada pencapaian tujuan nasional, paper on national seminar “public sector scorecard”, directorate general of central and regional balance of the ministry of finance of the republic of indonesia, 2002. wijoyo, s. (2005). sketsa lingkungan dan wajah hukumnya. surabaya: airlangga university press. http://www.kaltimpost/ https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/icils-18/25903179 https://www.atlantis-press.com/proceedings/series/assehr https://www.atlantis-press.com/proceedings/series/assehr https://dx.doi.org/10.2991/icils-18.2018.50 dolot alhasni bakung 242 indonesian journal of advocacy and legal services, vol. 1 no. 2 (2020) quote governments will always play a huge part in solving big problems. they set public policy and are uniquely able to provide the resources to make sure solutions reach everyone who needs them. they also fund basic research, which is a crucial component of the innovation that improves life for everyone. bill gates, american businessman copyrights © 2020 by auhtor(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. all writings published in this journal are personal views of the authors and do not represent the views of this journal and the author’s affiliated institutions. https://www.brainyquote.com/authors/bill-gates-quotes http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? 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you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d0ece120fd • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare understanding and litera legis of marriage law indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 183 understanding and litera legis of marriage law in the millennial era for school children pujionio pujiono1 , arif hidayat2 , dewi sulistianingsih3 1,2,3 faculty of law, universitas negeri semarang, indonesia corresponding author: pujiono@mail.unnes.ac.id abstract: in indonesia, the marriage law is regulated in uu no. 1 of 1974 which has been amended to become uu no. 16 of 2019. in addition, nonmoslems may comply with the provisions of the marriage law contained in the civil code. marriage is an initial process for the formation of family life and the beginning of the manifestation of forms of human life. the daily life of men and women, created by god almighty, naturally has an attraction to one another to share affection in realizing a life together or it can be said that they want to form physical and mental bonds to create a happy, harmonious, and eternal family. understanding the marriage law needs to be done with humanist efforts and cannot be done instantly. the efforts to understand the marriage law need to be made to all levels of society, especially for school children so that the marriage they live in can be in accordance with the objectives of the marriage. school children are classified as immature and they still have an important responsibility to study. they really need information about the marriage law in order to gain a comprehensive understanding of marriage because they are in a stage of growth that is full of curiosity. this program aims that school children will not get missed-information about the marriage law. therefore, school students are one of the targets of this program. keywords: marriage law; millennial era; student how to cite: pujiono, p., hidayat, a., & sulistianingsih, d. (2021). understanding and litera legis of marriage law in the milenial era for school children. indonesian journal of advocacy and legal services, 3(2), 183-194. https://doi.org/10.15294/ijals.v3i2.45878 issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 2 (2021): 183-194 doi: 10.15294/ijals.v3i2.45878 submitted: 13 july 2021 revised: 15 august 2021 accepted: 1 september 2021 published by faculty of law universitas negeri semarang. the journal has been accredited by ministry of research & technology (sinta 3). © author(s). this work is licensed under a creative commons attribution-noncommercial-sharealike 4.0 international license. https://journal.unnes.ac.id/sju/index.php/ijals/article/view/50699 https://orcid.org/0000-0002-1372-3035 https://orcid.org/0000-0003-4152-0590 http://creativecommons.org/licenses/by-nc-sa/4.0/ http://creativecommons.org/licenses/by-nc-sa/4.0/ https://creativecommons.org/licenses/by-nc-sa/4.0/ p. pujono, a. hidayat, & d. sulistianingsih 184 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) a. introduction marriage is a very important institution in society. the existence of this institution is to legalize the relationship between a man and a woman1. the concept of marriage law is important to understand comprehensively with the aim of avoiding divorce and the realization of a harmonious life in the family. the essence is to form a happy and eternal family in which husband and wife help and complement each other, so that each can develop their personalities, help and achieve spiritual and material well-being. marriage is the final journey that legalizes the relationship between a man and a woman in one family bond. it will form a new family of two parties (a woman and a man) which will later become a complete family. it is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the one and only god. every human being in a society has a sacred view of marriage. in the increasingly complex society, it is understood that marriage is not just a personal romantic statement or religious ritual, but it is a public legal act that is governed by law and has legal consequences in life. in indonesia, a marriage is legal if it is carried out according to the law of each religion and belief and the most important thing is that it is recorded according to the prevailing laws and regulations. even though it is considered valid in religion or custom, a marriage that is carried out without the acknowlwdgement and supervision of the marriage officer and then it is not registered, has no legal force and is considered invalid based on the law. the indonesian legal system does not recognize the term “underhand marriage” or marriage based on religious rules and its kind and does not specifically regulate in the regulation. however, sociologically, this term is given to marriages that are not registered and are deemed to have been carried out without complying with the provisions of the applicable law, particularly regarding marriage registration as regulated in the marriage uu article 2 paragraph 22. in the marriage laws and regulations in indonesia, the existence of the principle of marriage registration is related to determining the legality of a marriage, meaning that in addition to following the provisions of each respective law of religion or belief, it is also a condition 1 salim hs, pengantar hukum perdata tertulis (bw), (jakarta: sinar grafika, 2006), page 61 2 djamilah, d., & kartikawati, r. (2014). dampak perkawinan anak di indonesia. jurnal studi pemuda, 3(1), 1-16. doi: https://doi.org/10.22146/studipemudaugm.32033 https://doi.org/10.22146/studipemudaugm.32033 understanding and litera legis of marriage law indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 185 of the validity of a marriage. therefore, recording and making a marriage certificate is an obligation in the marriage laws and regulations in indonesia. marriage is legal if it is carried out according to the law of each religion and belief; and in addition, every marriage must be recorded according to the prevailing statutory regulations. the registration of every marriage is the same as the recording of important events in a person's life, for example, births, deaths that are stated in certificates, an official certificate which is also included in the registration list. apart from that, the marriage must also fulfill the legal requirements of marriage for the two couples who want to get married. the validity of the marriage includes the agreement between the two prospective husband and wife. a person who has not reached the age of 21 must obtain permission from both parents. for women who have broken up their marriage, the waiting time applies. the prospective husband and wife must be at least 19 years old. the requirement for a marriage age limit of 19 years for men and women is based on uu no. 16 of 2019. prior to uu no. 16 of 2019 is released, the minimum age requirement for marriage is 16 years for women and 19 years for men, this is based on uu no. 1 of 1974. the change in norms in uu no. 1 of 1974 about marriage extends the age limit for marriage. improving norms reaches by increasing the minimum age of marriage for women. in this case, the minimum age of marriage for women is the same as for men, which is 19 (nineteen) years old. the age limit is considered to be mature in body and soul to be able to carry out a marriage in order to realize the goal of marriage properly without ending in divorce and getting healthy and quality offspring. it is also expected that an increase in the age limit of more than 16 (sixteen) years for women to marry will result in lower birth rates and reduce the risk of maternal and child deaths. apart from that, children's rights can also be fulfilled so as to optimize children's growth and development, including mentoring parents and giving children the highest possible access to education. the determination of the age limit for marriage is based on the following reasons: (1) maintaining the health of husband and wife and their offspring; (2) prevent child marriage; (3) supporting family planning programs. these three reasons can actually represent the importance of determining the age limit of marriage. child marriage is a dilemma. such cases are rare or very few, but in fact there are many cases of child marriage throughout indonesia, generally due to the strong influence of customary law. child marriage is a marriage p. pujono, a. hidayat, & d. sulistianingsih 186 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) performed by men and women who are still children3. a child in the legal category is a person who is not yet an adult. in the scope of human rights law on child protection, it is stipulated that a child is someone who has not reached the age of 18, including children who are still in the womb, and have never been married. the age before 18 years is the age for school children, generally that age is at the middle or high school level. the age of school children or students is when they are looking for as much information as possible and absorbing that information. this requires good assistance or supervision related to information absorbed by school children (students). one of the information absorbed by school children is information about the marriage law. understanding the marriage law needs to be done with humanist efforts and cannot be done instantly. efforts to understand the marriage law need to be made for all levels of society, especially for school children who are the younger generation so that the marriage they live in can be in accordance with the objectives of the marriage. young people really need information about the marriage law in order to gain a comprehensive understanding of marriage because they are in a stage of growth that is full of curiosity. this program aims that school children will not get missed information about the marriage law. school age is basically the stage of growth and development. school students are classified as young people who have relatively unstable personalities and are looking for their identities. in this age, it is important to provide understanding and knowledge of various fields so that students are ready to enter a complex life. information and understanding of the marriage law for school children is very important, not only for their provisions when they are about to get married but also to prevent early marriages or marriages that have not met the minimum age limit for marriage. in this millennial era, all information is easy to obtain, children (young people) must be able to filter the information that is useful for themselves and their lives. b. method this paper is the result of a program that has been carried out by the author team and several team support members. this program aims to provide legal understanding and literature (reading law well), especially in the study of 3 musfiroh, m. r. (2016). pernikahan dini dan upaya perlindungan anak di indonesia. jurnal de jure: jurnal hukum dan syari’ah, 8(2). doi: https://doi.org/10.18860/j-fsh.v4i1.2151 https://doi.org/10.18860/j-fsh.v4i1.2151 understanding and litera legis of marriage law indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 187 marriage books. it begins with filling in the initial questionnaire (pretest) and ends with filling in the final questionnaire (posttest) as part of the evaluation or feedback. this program aims to provide school students with knowledge and understanding of marriage law in indonesia. in addition, this program also aims to prevent underage marriages or child marriages. c. result and discussion the marriage law in indonesia adheres to the following principles: (1) marriage aims to form a happy and eternal family; (2) a marriage is legal if it is carried out according to the religious law; (3) marriages must be recorded according to statutory regulations; (4) marriage based on open monogamy (in this case it is possible to do polygamy); (5) a husband and wife candidate must be mentally and physically ready for the marriage; (6) the age limit of marriage for men and women is 19 years; (7) divorce is complicated and must be done before a court session; (8) the rights and positions of husband and wife are fair. these principles are merged into the legal requirements of marriage which must be obeyed by those who are going to get married. provisions regarding marriage law need to be learned so that people will not only know but also understand their rights and obligations as citizens in marriage law. reading laws and regulations is not only in the "letter lijk" way, but there are also several ways to read the law, which is by interpretation. this method of reading is called litera legis. litera legis is not an easy thing to do, especially for school children, especially to understand the marriage law. there are many things that must be understood by the school children so that they will not misunderstand the marriage law. marriage is a right, but apart from that there are obligations that are borne by the married couple, and this must be understood so that unwanted things will not occur, such as: domestic violence, divorce, husbands who do not support their wives, extravagant wives, and so on. 1. litera legis in uu no. 16 of 2019 about amendments to uu no. 1 of 1974 uu no. 16 of 2019 is a law that was born by making changes and improvements to uu no. 1 of 1974 about marriage. not all articles in uu no. 1 of 1974 are amended by uu no. 16 of 2019. the change is only to the age limit requirements for marriage. in uu no.1 of 1974, the legal age limit for marriage is a minimum of 16 years for women and 19 years for men. in uu p. pujono, a. hidayat, & d. sulistianingsih 188 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) no. 16 of 2019, the age limit for marriage is 19 years for both women and men. determining the age limit for marriage is not without reason, with many considerations, especially to prevent early marriage, for the mental readiness of potential partners, and preparation in terms of reproduction for women. marriage at the age of children has a negative impact on the development of children and will cause the basic rights of children to be not fulfilled, such as the right to protection from violence and discrimination, children's civil rights, health rights, education rights, and children's social rights. child marriage is very likely to threaten and have a negative impact on children, including children's health, because the ideal reproductive maturity limit has not been reached. not only health problems, marriages that have not exceeded the age limit of children are very likely to exploit children and increase the threat of violence against children. child marriage will have a negative impact on children's education4. in order to realize a good marriage without ending in divorce and to get healthy offspring, underage marriage must be prevented5. prevention of early marriage is very important for society, especially for adolescents today. apart from being beneficial for them, it is also useful for avoiding negative views from society. prevention of early marriage also wants to create a young generation who is aware of education. basically, getting married is indeed the privacy of the family. but in education, we are aware of what we have to do. in the prevention of early marriage, the community and adolescents are encouraged to have awareness to increase human resources optimally through education6. marriages that are carried out below the specified age limit are a form of violation of the existing provisions of the marriage law. it is called underage marriage or also commonly known as early marriage. some of the impacts that can occur for perpetrators of underage marriage7: 4 hamzah. (2019). telaah maqasid syariah terhadap putusan mk no. 22/puu-xv/2017 tentang batas usia nikah. al-syakhshiyyah: jurnal hukum keluarga islam dan kemanusiaan, 1(1), 61-84. 5 suhaili, a. (2018). relevansi batas usia perkawinan dalam membentuk keluarga sakinah. al-bayan: jurnal ilmu al-qur'an dan hadist, 1(1), 92-120. 6 prayono, a. r. a. a. (2016). menciptakan generasi muda tanpa pernikahan dini di kabupaten situbondo. in forum ilmu sosial (vol. 43, no. 2, pp. 169-175). doi: https://doi.org/10.15294/fis.v43i2.9357 7 ilma, m. (2020). regulasi dispensasi dalam penguatan aturan batas usia kawin bagi anak pasca lahirnya uu no. 16 tahun 2019. al-manhaj: jurnal hukum dan pranata sosial islam, 2(2), 133-166. https://doi.org/10.37680/almanhaj.v2i2.478 https://doi.org/10.15294/fis.v43i2.9357 understanding and litera legis of marriage law indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 189 1. education impact. children who marry at an early age will lose the right to education. 2. biological and health impacts. biologically, the reproductive organs of underage women are still in the stage of maturity, so they are not ready for sexual intercourse, pregnancy, and childbirth. 3. psychological impact. underage couples generally lack mental readiness to face domestic roles and problems. 4. economy impact. the majority of young people who do not have a stable income or do not have a decent job are one of the problems in household life. 5. social impact. from the social perspective, underage marriage also has the potential to increase the divorce rate. seeing this phenomenon, it is necessary to carry out understanding and litera legis for school children (the younger generation) regarding the marriage law. school children are classified as children aged 5 to 18 years. before 19 years, they are not eligible for marriage. this understanding must be done as early as possible. school children have a fairly high educational load and can receive information and insights about the marriage law which will be very useful for their future. the tasks of the educators today are more complex. in accordance with the mental characteristics of young people who are in the stage of searching for identity, the task of educators is to create the best possible environment by providing a lot of positive activities so that young people do not fall into negative activities that are detrimental to their future. education for young people is carried out for self-control so that they do not fall into negative things. the education model at a young age is carried out to instil discipline, honesty, respect, respect and mutual help in all activities. schools as formal educational institutions have an important role to provide understanding and knowledge so that students are ready to play a role in the society. this role is not only providing important knowledge to be given as a scientific substance but also other knowledge that will be needed by students to enter social life. the school load is very large, of course, if you see this condition, there is a need for efforts to help the school provide knowledge and insight about the law that is not provided comprehensively by the school. socialization and assistance in providing understanding (litera legis) to school children must be carried out to achieve the expected goals. 2. marriage law impact marriage does not merely bind the relationship between one man and woman, but has very broad consequences not only for the perpetrator of the p. pujono, a. hidayat, & d. sulistianingsih 190 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) marriage but also for the children from the marriage, family, community, and the country8. marriage is a legal act that will have legal consequences for both parties and other related parties. in indonesia, the marriage law is regulated in uu no. 1 of 1974 about marriage. uu no. 1 of 1974 was changed to uu no. 16 of 2019 about amendments to uu no. 1 of 1974 about marriage. the consequences of a marriage have quite broad dimensions, including social and legal, starting at the time of marriage, during marriage, and after marriage. in a marriage, many things will happen or will be obtained such as; the problem of property, descent, where if there are no clear provisions, especially the problem of distribution of inheritance from the deceased or the divorcee, including the matter of their respective assets will cause a problem9. basically, a marriage that is carried out will have legal consequences, namely: (1) the emergence of a relationship between husband and wife; (2) the appearance of property in marriage; (3) the emergence of a relationship between parents and children. actually, a marriage between a woman and a man will have a good impact on the children or offspring. the marriage certificate becomes authentic evidence of an implementation of marriage so that it can be become a “legal guarantee” if a husband or wife commits an deviant act. for example, if a husband did not provided the living cost that has become his obligation, while in fact he is capable, or the husband violates legal provisions, the injured wife can file a lawduit in court. in addition, the marriage certificate also serves to prove the legality of the child from the marriage, so that without the certificate, legal proceedings to court cannot be carried out10. the marriage that occurs will result in the emergence of a relationship between husband and wife. husband and wife relationship includes rights and obligations in the household. the rights and position of husband and wife are fair in both household life and social interactions, so that everything in the family can be negotiated and decided together by husband and wife11. the legal consequence of marriage will also lead to regulations regarding assets in marriage. marriage assets are assets that are obtained individually or collectively as long as there is a marriage bond, and hereinafter referred to 8 khosyi’ah, s. (2016). akibat hukum perkawinan tidak dicatat terhadap istri dan anak atas hak kebendaan menurut hukum islam di indonesia. asy-syari'ah, 18(2), 185-200.doi: https://doi.org/10.15575/as.v18i2.659 9 azrianti, s. (2017). analisa yuridis perjanjian perkawinan dan akibat hukum bagi para pihak berdasarkan kompilasi hukum islam dan undang-undang nomor 1 tahun 1974 tentang perkawinan. petita, 1(2). 10 tantu, a. (2013). arti pentingnya pernikahan. al-hikmah journal for religious studies, 14(2), 199-208. 11 komariah. (2008). hukum perdarta. malang: umm press, page 42 https://doi.org/10.15575/as.v18i2.659 understanding and litera legis of marriage law indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 191 as joint assets, without considering under anyone's name12. with the existence of marriage, the assets generated during the marriage become joint assets of husband and wife regardless of who produced the assets, whether husband or wife, these assets remain joint assets of husband and wife. marriage has legal consequences for the rights and obligations of husband, wife, children, and guardianship and also affects property. therefore, it is necessary to have legal awareness between husband and wife of the responsibilities given based on the applicable law so as to create a harmonious relationship in a marriage as the ideals and goals are noble as the basis for forming a happy household. . marriage that occurs between husband and wife forms an identity called family. family is a form of legal bonding between man and woman through marriage. from this bond are born offspring who are legally the responsibility of the husband and wife or the mother and father in fostering and developing them. the result of marriage also results in a relationship between parents and children. husband and wife, who are bound in a marriage and have children, have an obligation towards that child. the obligation of parents to children is to take care of their children as well as possible until they reach adulthood or be able to live independently. this obligation remains in effect even if the parents' marriage breaks up or ends. d. conclusion litera legis on marriage law for school children is carried out not only by reading uu no. 1 of 1974 which has been amended into uu no. 16 of 2019, but school children as the next generation of indonesian must understand and interpret the marriage law well. the reason is none other than the achievement of the marriage goal, which is happiness in a harmonious family. socialization and assistance in litera legis is very necessary and schools will really need assistance from other parties who have a better understanding of the law13. the legal consequences of marriage will create a relationship between husband and wife and will result in property in the marriage and the relationship between parents and children14. legal consequences arise because of a legal relationship that occurs, in this case when a marriage occurs there is a legal relationship between husband and wife. such a legal 12 mustafa, a. (2019). analisis gender terhadap harta benda perkawinan dalam uup nomor 1 tahun 1974. al-risalah jurnal ilmu syariah dan hukum, 19(1), 90-96. 13 sanger, j. p. (2015). akibat hukum perkawinan yang sah didasarkan pada pasal 2 uu. nomor 1 tahun 1974 tentang perkawinan. lex administratum, 3(6). 14 m yusuf, m. y. (2014). dampak perceraian orang tua terhadap anak. jurnal albayan: media kajian dan pengembangan ilmu dakwah, 20(1) p. pujono, a. hidayat, & d. sulistianingsih 192 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) relationship will have legal consequences, namely in the form of rights and obligations that must be carried out by both parties. e. acknowledgments this article was created due to funding from the faculty of law, universitas negeri semarang. thank you to the head of the faculty of law, universitas negeri semarang and the parties involved in this program. f. declaration of conflicting interests the authors states that there is no conflict of interest in the publication of this article. g. funding universitas negeri semarang, indonesia. h. references act no 16 of 2019 about amendment to act no 1 of 1974 about marriage act no. 1 of 1974 about marriage. azrianti, s. (2017). analisa yuridis perjanjian perkawinan dan akibat hukum bagi para pihak berdasarkan kompilasi hukum islam dan undang-undang nomor 1 tahun 1974 tentang perkawinan. petita, 1(2). doi: http://dx.doi.org/10.33373/pta.v1i2.689 djamilah, d., & kartikawati, r. (2014). dampak perkawinan anak di indonesia. jurnal studi pemuda, 3(1), 1-16. doi: https://doi.org/10.22146/studipemudaugm.32033 hamzah. (2019). telaah maqasid syariah terhadap putusan mk no. 22/puu-xv/2017 tentang batas usia nikah. al-syakhshiyyah: jurnal hukum keluarga islam dan kemanusiaan, 1(1), 61-84. ilma, m. (2020). regulasi dispensasi dalam penguatan aturan batas usia kawin bagi anak pasca lahirnya uu no. 16 tahun 2019. almanhaj: jurnal hukum dan pranata sosial islam, 2(2), 133-166. https://doi.org/10.37680/almanhaj.v2i2.478 khosyi’ah, s. (2016). akibat hukum perkawinan tidak dicatat terhadap istri dan anak atas hak kebendaan menurut hukum islam di indonesia. asy-syari'ah, 18(2), 185200.doi: https://doi.org/10.15575/as.v18i2.659 komariah. (2008). hukum perdata. malang: umm press http://dx.doi.org/10.33373/pta.v1i2.689 https://doi.org/10.22146/studipemudaugm.32033 https://doi.org/10.37680/almanhaj.v2i2.478 https://doi.org/10.15575/as.v18i2.659 understanding and litera legis of marriage law indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) 193 m yusuf, m. y. (2014). dampak perceraian orang tua terhadap anak. jurnal al-bayan: media kajian dan pengembangan ilmu dakwah, 20(1). musfiroh, m. r. (2016). pernikahan dini dan upaya perlindungan anak di indonesia. jurnal de jure: jurnal hukum dan syari’ah, 8(2). doi: https://doi.org/10.18860/j-fsh.v4i1.2151 mustafa, a. (2019). analisis gender terhadap harta benda perkawinan dalam uup nomor 1 tahun 1974. al-risalah jurnal ilmu syariah dan hukum, 19(1), 90-96. prayono, a. r. a. a. (2016). menciptakan generasi muda tanpa pernikahan dini di kabupaten situbondo. in forum ilmu sosial (vol. 43, no. 2, pp. 169-175). doi: https://doi.org/10.15294/fis.v43i2.9357 salim hs. (2006). pengantar hukum perdata tertulis (bw). jakarta: sinar grafika sanger, j. p. (2015). akibat hukum perkawinan yang sah didasarkan pada pasal 2 uu. nomor 1 tahun 1974 tentang perkawinan. lex administratum, 3(6). suhaili, a. (2018). relevansi batas usia perkawinan dalam membentuk keluarga sakinah. al-bayan: jurnal ilmu al-qur'an dan hadist, 1(1), 92-120. tantu, a. (2013). arti pentingnya pernikahan. al-hikmah journal for religious studies, 14(2), 199-208 https://doi.org/10.18860/j-fsh.v4i1.2151 https://doi.org/10.15294/fis.v43i2.9357 p. pujono, a. hidayat, & d. sulistianingsih 194 indonesian journal of advocacy and legal services, vol. 3 no. 2 (2021) culture is no excuse for abuse davinder kaur forced to marry him: a lifetime of tradition and the will to break it about author(s) dr. pujiono, s.h., m.h. is a lecturer at department of private and commercial law, universitas negeri semarang. some of his recent publications such as permodalan bagi usaha mikro, kecil dan menengah di kabupaten batang (jurnal pengabdian hukum indonesia, 2019), implementation of certification of processing feasibility (cpf) of processed milkfish products in indonesia (economic and social of fisheries and marine journal, 2018), and law and ethics of communication in social media (jurnal dinamika hukum, 2017). arif hidayat, s.h., m.h., is a lecturer at department of administrative and constitutional law, universitas negeri semarang. he also a doctoral student at universitas islam sultan agung semarang. some of his recent publications such as politik hukum legislasi sebagai socio-equilibrium di indonesia (jurnal ius constituendum, 2019), and the ideal relationship between legal knowledge and actual legal actions in indonesia (proceedings on international conference on indonesian legal studies, 2019). dr. dewi sulistianingsih, s.h., m.h., is a lecturer at department of private law, faculty of law universitas negeri semarang, indonesia. some of her recent publications such as disaster resilient village-based approach to disaster risk reduction policy in indonesia: a regulatory analysis (jàmbá: journal of disaster risk studies, 2021), and fungsi dan kedudukan perjanjian berbentuk pactum de compromittendo dalam sengketa hak kekayaan intelektual (jurnal meta-juridis, 2020) https://www.goodreads.com/work/quotes/93896934 https://www.goodreads.com/work/quotes/93896934 https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=uk4imzeaaaaj&sortby=pubdate&citation_for_view=uk4imzeaaaaj:o3naxmp0mmsc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=uk4imzeaaaaj&sortby=pubdate&citation_for_view=uk4imzeaaaaj:o3naxmp0mmsc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=uk4imzeaaaaj&sortby=pubdate&citation_for_view=uk4imzeaaaaj:ns9cj8rnveac https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=uk4imzeaaaaj&sortby=pubdate&citation_for_view=uk4imzeaaaaj:ns9cj8rnveac https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=uk4imzeaaaaj&sortby=pubdate&citation_for_view=uk4imzeaaaaj:bqipwsgyuegc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=-5e6ciuaaaaj&sortby=pubdate&citation_for_view=-5e6ciuaaaaj:gvv57typmfsc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=-5e6ciuaaaaj&sortby=pubdate&citation_for_view=-5e6ciuaaaaj:gvv57typmfsc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=-5e6ciuaaaaj&sortby=pubdate&citation_for_view=-5e6ciuaaaaj:8xutwznsdmoc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=-5e6ciuaaaaj&sortby=pubdate&citation_for_view=-5e6ciuaaaaj:8xutwznsdmoc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=6bzkecaaaaaj&sortby=pubdate&citation_for_view=6bzkecaaaaaj:4jmboykvnbmc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=6bzkecaaaaaj&sortby=pubdate&citation_for_view=6bzkecaaaaaj:4jmboykvnbmc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=6bzkecaaaaaj&sortby=pubdate&citation_for_view=6bzkecaaaaaj:hc7cp41nsmkc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=6bzkecaaaaaj&sortby=pubdate&citation_for_view=6bzkecaaaaaj:hc7cp41nsmkc https://scholar.google.co.id/citations?view_op=view_citation&hl=id&user=6bzkecaaaaaj&sortby=pubdate&citation_for_view=6bzkecaaaaaj:hc7cp41nsmkc between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 123 between the protection and humanity: the implementation of ultimum remedium principle in immigration cases alamsyah bahari albi law office and partners, jakarta, indonesia corresponding author: a. bahari, email: alamsyahbaharilaw@gmail.com abstract: global population mobility has an impact on legal aspects, especially in the case of immigration matters. increased mobility of migration flows also has various impacts, not only positive but also negative impacts, for example changing the pattern of crime from domestic crime to transnational crime, from individual crime to group crime, from unorganized crime to organized (organized crime). various administrative and criminal sanctions are applied to many immigration offenders. this paper examines in depth the application of the principle of ultimum remidium in criminal law for criminal acts of immigration in indonesia. this study aims to find out and understand how the ultimum remedium principle is applied in law number 6 of 2011 concerning immigration. in addition, this study also aims to find out and understand the factors that cause immigration officers to use administrative sanction acts or criminal sanctions in law number 6 of 2011 concerning immigration, as well as to know and understand immigration law enforcement practices in law number 6 of 2011 concerning immigration in indonesia. this research has confirmed and underlined that the application of administrative sanctions in the form of deportation and fines will complete the immigration legal process quickly, simply and at a modest cost and applying relatively high fines can benefit the country, hence the benchmarks for the principle of ultimum remedium can be applied in the law law no. 6 of 2011 concerning immigration. keywords: immigration crimes, ultimum remedium, criminal law, protection, human rights indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 2 no. 2 (2020): 123-198. doi: 10.15294/ijals.v2i2.38134 submitted: 2 february 2020 revised: 5 march 2020 accepted: 15 april 2020 how to cite: bahari, a. (2020). between the protection and humanity: the implementation of ultimum remedium principle in immigration cases. indonesian journal of advocacy and legal services, 2(2), 123-198. https://doi.org/10.15294/ijals.v2i2.38134 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/38040 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/38040 mailto:alamsyahbaharilaw@gmail.com https://doi.org/10.15294/ijals.v2i2.38134 https://journal.unnes.ac.id/sju/index.php/ijals/article/view/38040 https://doi.org/10.15294/ijals.v2i2.38134 a. bahari 124 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) a. introduction the 1945 constitution of indonesia clearly states that the indonesian state is based on law (rechstaat), not based on mere power (machtstaat), this means that the state of the republic of indonesia is a democratic state based on pancasila and the republic of indonesia constitution of 1945, upholds human rights and guarantees all the rights of citizens whose position is equal before the law.1 regardless as an indonesian citizen or foreign citizen if commited a crime and violation it will be processed legally. law is an interesting theme to discuss, this is because the law is basically closely related to the development of the life of every human being who lives on earth. with the destruction of a law, then from there it can be seen the failure of a nation in creating law, even this can also show the decline of a nation if it experiences a setback in ethics and behavior. indonesia is now experiencing a massive legal problem, the use of law that has no conscience and the problem of marginalization of a group of people by law has often occurred in this country.2 the impact of the globalization era has affected the economic system of the republic of indonesia and to anticipate it, it is necessary to amend regulations in the fields of economy, industry, trade, transportation, labor, as well as regulations in the field of traffic of people and goods. these changes are needed to increase the intensity of relations between the republic of indonesia and the international world which has a very large impact on the implementation of the functions and duties of immigration.3 a long history of world immigration also occurs in the united states and mexico, in addition to the problem of terrorism, the united states also has a classic problem around the border region with mexico. for years the united states has paid attention to the problem of transnational activities from mexico which are mostly illegal immigrants. problems arising from the entry of illegal immigrants from mexico include violence between individuals and communities, people, and drug smuggling. the issue was the campaign material of president donald trump before he took up the presidency in 2016. traditional issues that only discuss state security from the military aspect 1 armili anwar, “perbedaan penahanan yang dilakukan oleh pihak kepolisian dengan penahanan yang dilakukan oleh pihak imigrasi,” thesis, universitas indonesia, 1984, pp. 1-10 2 esmi warassih pujirahayu, pemikiran hukum spritual pluralistik, yogyakarta, thafa media, 2017, pp.1-6. 3 republic of indonesia, law number 6 of 2011 concerning immigration (hereinafter as immigration law). between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 125 have been extended to several non-traditional security issues, including terrorism, the global financial crisis, hiv/aids, global environmental damage, poverty, human rights, and refugees.4 trump said that the main cause of the many terrorist incidents, one of which was the mass shootings in orlando, was because the united states allowed immigrants with radical islamic views to enter the united states. therefore, trump said that the plan to ban immigration from countries with a history of terrorism will be his priority. he will use the president's executive rights to protect the american people. the second threat that is also crucial for the security of the people of the united states is the presence of illegal mexican immigrants. donald trump said that immigrants from mexico were problematic people, and brought problems to the united states, such as drug smugglers, criminals, rapists, even though some of them were good people.5 on july 26, 2015, trump said that his immigration policy plan would begin by deporting “bad” irregular immigrants, returning them to where they came from. on january 25, 2017 trump issued an executive order “border security and immigration enforcement improvements” which mainly contained orders to secure the southern border of the united states through the immediate construction of walls along the border, which were monitored and supported by adequate personnel, with the aim of blocking the entry of illegal immigration, human trafficking and illegal drugs, and acts of terrorism.6 then on january 27, 2017, trump issued an order to protect the nation from foreign terrorists to enter the us by banning immigration from iran, iraq, libya, somalia, sudan, syria and yemen for 90 days, or “executive order: protecting the nation from foreign terrorist entry into the united states”. however, on march 6, 2017, the executive order “protecting the nation from foreign terrorist entry into the united states”.7 trump's policy to build a border wall between the united states and mexico has become an international public spotlight. the construction of a wall on the border is another controversy after trump’s policy which 4 bbc, “donald trump: mexico will pay for wall, '100%'”. bbc-news. retrieved from http://www.bbc.com/news/election-us2016-37241284. 5 time, “here's donald trump's presidential announcement speech”. time.com. retrieved from http://time.com/3923128/donald-trumpannouncement-speech/ 6 rebecca shabad, “no, trump’s victory was not the biggest electoral college win since reagan”. retrieved from http://www.cbsnews.com/news/no-trumpsvictory-was-not-thebiggest-electoralcollege-win-since-reagan/ 7 the white house, “executive order protecting the nation from foreign terrorist entry into the united states”. retrieved from https://www.whitehouse.gov/thepressoffice/2017/01/27/executive-orderprotecting-nation-foreign-terrorist-entryunitedstates. http://www.bbc.com/news/election-us2016-37241284 http://time.com/3923128/donald-trumpannouncement-speech/ https://www.whitehouse.gov/the-pressoffice/2017/01/27/executive-orderprotecting-nation-foreign-terrorist-entryunited-states https://www.whitehouse.gov/the-pressoffice/2017/01/27/executive-orderprotecting-nation-foreign-terrorist-entryunited-states https://www.whitehouse.gov/the-pressoffice/2017/01/27/executive-orderprotecting-nation-foreign-terrorist-entryunited-states a. bahari 126 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) restricted immigrants from several muslim countries came to the united states. based on the initial plan, the wall will be built along 200 miles with a height of 12.2 meters. on january 25, 2017 trump signed a presidential decree on building the border wall. the total estimated cost to be incurred in the construction of the wall is 11.84 million united states dollars.8 the wall construction is a continuation of the immigration restriction project campaigned by trump. in addition to immigrants, the construction of the wall is also intended to limit the smuggling of illegal goods that enter the united states from mexico. even so, the us border already has a parapet. however, the height is only around 5.5 meters. the construction of this border will place the character of the united states-mexico border in an alienated condition. just like what happened in west and east germany with the berlin wall as a dividing between the two countries. strict control of foreign nationals who enter national borders is one of the characteristics of alienated border characters. if it refers to the national security perspective, this is very possible because state sovereignty is something that must be fulfilled. so that its integrity as a country must be maintained from all forms of threats, especially from the threat of illegal immigration and other negative impacts caused.9 historically although the indonesian state has not ratified the 1951 refugee convention, indonesian humanitarian reasons have begun to protect refugees since refugees from vietnam, known as the vietnamese boat people, which occurred between 1975-1980 where thousands of asylum seekers were placed on galang island before they were returned to the country the origin.10 the problem of refugees continues to occur until now the country of indonesia is a transit point for asylum seekers, for example afghan citizens, one of the reasons why afghan nationals chose indonesia as a transit country to seek asylum, because indonesia is a muslim country that is safe for them. asylum seekers in indonesia are divided into 2 (two) types, there are immigrants who are financially able and immigrants who are financially unable. of course, immigrants who are financially capable can finance their own lives in indonesia and live in luxury apartments. dissecting with 8 pitoko r a, “donald trump bangun tembok perbatasan as-meksiko”. kompas, from http://properti.kompas.com/read/2017/01/27/070000521/donald.trump.bangun.tembok.pe rbatasan.as-meksiko 9 national geographic indonesia. “dinding perbatasan amerika serikat dan meksiko sudah ada, dan kami mengunjunginya”, retrieved from http://nationalgeographic.co.id/berita/2017/01/dinding-perbatasan-amerika-serikatdanmeksiko-sudah-ada-dan-kamimengunjunginya. 10 rosmawati, “perlidungan terhadap pengungsi/pencari suaka di indonesia menurut convensi 1951”, kanun jurnal ilmu hukum vol. no.67, xvii, december, 2015, pp. 2-6. http://properti.kompas.com/read/2017/01/27/070000521/donald.trump.bangun.tembok.perbatasan.as-meksiko http://properti.kompas.com/read/2017/01/27/070000521/donald.trump.bangun.tembok.perbatasan.as-meksiko http://nationalgeographic.co.id/berita/2017/01/dinding-perbatasan-amerika-serikatdan-meksiko-sudah-ada-dan-kamimengunjunginya http://nationalgeographic.co.id/berita/2017/01/dinding-perbatasan-amerika-serikatdan-meksiko-sudah-ada-dan-kamimengunjunginya between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 127 immigrants who are financially incapable because for housing accommodation and the cost of daily living depends on the helping hand of international organizations such as the international organization for migration (iom) and united the united nations high commissioner for refugees (unhcr).11 the history of immigration politics during the reign of the dutch east indies, immigration carried out an open-door politics (opendeur politiek) for general reasons known12: a. to attract foreign capital and influence to the maximum extent of indonesia with the hope that the indonesian nation itself could not move at all because everything was encompassed and suppressed by this influence; b. thus, the indonesian people certainly remained colonized c. hope is also shown, that if there is an attack from indonesia on the outside, it is not only the dutch government that defends indonesia, because other countries that have put their capital in indonesia certainly have an interest and will help indonesia; d. on the other hand, foreign capital requires cheaper energy, more profitable capital earlier. even so foreign companies still need the arrival of workers from abroad with the intention of being made rivals of domestic workers, so that labor costs can be further suppressed. with the entry of foreigners into indonesia, the immigration act is regulated. after the indonesian state became independent, immigration politics were harmonized with state politics for the safety and welfare of the nation which made indonesian immigration politics use a selective policy, meaning immigration officials must be careful of the documents of foreigners entering the indonesian state. this is confirmed in article 8 paragraph (1) and (2) of law number 6 of 2011 concerning immigration which states: (1) every person entering or leaving indonesian territory must have a valid and valid travel document (2) every foreigner entering the territory of indonesia is required to have a valid and valid visa, unless otherwise specified under this law and international treaties. the enactment of presidential regulation no. 21 of 2016 concerning visa free visit, making immigration law politics currently re-open politics 11 result of interview with jaya saputra, sh.mh, as head of sub directorate of indonesian immigration investigation 12 andi hamzah, delik-delik tersebar di luar kuhp, jakarta, pt pradnya paramita, 1995, p. 76. a. bahari 128 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) open door (opendeur politiek), this is a legal consequence of the state of indonesia which is a member of the association of southest asian nation (asean) which resulted in an agreement agreements in various fields including economics and law. the development of cooperation between asean countries also developed until the formation of the asean economic community (aec) with one of the objectives being asean as a single market and international production base (single market and production base) with one of its elements namely visa-free policy.13 the development of increasing world population mobility has had a variety of impacts, both which are beneficial and detrimental to the interests and lives of the nation and the state of indonesia, such as the existence of the asean economic community (aec) not only opening up the flow of goods or services trade, but also the professional labor market, such as doctors , lawyers, and accountants are guaranteed by presidential regulation no. 21 of 2016 concerning visa free visit, it is stated that foreign nationals of certain countries to enter the territory of indonesia are exempt from the obligation to have a visitor visa by taking into account the principle of reciprocity ) and benefits.14 an increase in migration flows between countries can have positive and negative impacts. positive impacts include such as the modernization of society and encouraging economic growth for countries that are able to make the best use of migration out of their territory. the negative impact of migration flows is that when migration flows with legal schemes become very difficult for migrants to choose from, immigration efforts with illegal patterns emerge. this situation encourages the increasing development of crime both in quantity and quality. for example, from the aspect of the quality of domestic crime into transnational crime (transnastional crime), from individual crime to group crime, from organized crime to organized crime.15 the relation is to maximize the positive impacts and minimize the negative impacts of the flow of migration, one of the implementing elements in overseeing the traffic of people outside the country is the immigration institution. 13 inanda agustina, “politik hukum imigrasi nasional pasca terbentuknya masyarakat ekonomi asean”, jurnal pena justisia: media komunikasi dan kajian hukum, vol. 17 no. 2, pp 60-61. 14 okky chahyo nugroho, implementasi projusticia terhadap pengawasan orang asing, jakarta, badan penelitian dan pengembangan hukum dan ham, 2016, pp. 2-4. 15 imam santoso, perspektif imigrasi dalam united nation convention against transnational organized crime, jakarta, perum percetakan negara, 2007, p. 2. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 129 based on data from the national statistics agency, tourists entering the state of indonesia have increased every year in 2017 totaling 14. 039,799 (fourteen million thirtynine thousand seven hundred ninetynine) and 2018 totaling 15. 806,191 (fifteen million eight hundred six thousand one hundred ninetyone) people,16 from the available data it can be concluded that every year foreigners entering the indonesian territory experience a significant increase. of course, this encourages the war of immigration to be more careful in enforcing immigration law. the state of indonesia is currently facing a quite serious problem, besides the state of indonesia which is currently being intensively introducing national citizenship to foreign countries to invite tourists to enter indonesia for the sake of improving the people's economy. on the one hand, the indonesian state must also be careful of illegal immigrants entering indonesia, either by reason of work, seeking asylum or other reasons, because the indonesian state currently still has a high number of unemployment, in contrast to the state of malaysia, where refugees in malaysia can work in plantation areas. although the indonesian state has not ratified the convention on refugees, humanitarian reasons based on the pancasila are the basis of the indonesian state to help protect illegal immigrants seeking asylum in indonesia. another problem that arises is whether the refugees will stay in indonesia forever without a definite time limit. asylum seekers thronged jakarta precisely on jalan kebon sirih, to seek asylum, the jakarta administration decided to move asylum seekers who lived on the jalan kebon sirih sidewalk, central jakarta to the ex west jakarta kodim land. the dki jakarta provincial government plans to set up tents for asylum seekers' homes with tents, toilets and water facilities.the regional government has the authority to regulate the united nations high commissioner for refugees (unhcr) based on perpres 126 of 2016 concerning handling overseas refugees, where local governments can assist unhcr in the name of humanity. chairman of dki jakarta dprd prasetyo edi marsudi revealed based on a sense of humanity finally the dki provincial government and the dprd decided to relocate them today. "because if there is anything, this is not the business of the regional government. but because it is consistent with the humanitarian element. prasetyo claimed that he could not help their demands with unhcr asking to be transferred to 16 bps, “jumlah orang asing yang masuk negara indonesia”, retrieved from https://www.bps.go.id/subject/16/pariwisata.html#subjekviewtab1. https://www.bps.go.id/subject/16/pariwisata.html#subjekviewtab1 a. bahari 130 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) another country. the issue of requesting political asylum from unhcr is their concern with unhcr.17 the refugees who will seek asylum will be placed first in the temporary shelter, and accommodation (community house). in 2018 the number of asylum seekers in the shelter amounted to 1,064 (one thousand sixtyfour) and the number of asylum seekers in accommodation (community house) amounted to 7,166 (to the thousand one hundred sixtysix). accommodation (community house) is spread in several provinces in indonesia.18 the definition of immigration can be found in article 1 of law number 6 of 2011 concerning immigration which states that immigration is a matter of the traffic of people entering or leaving indonesian territory and its supervision in order to maintain the upholding of the country’s sovereignty.19 with the increasing traffic flow of people and relations between countries, various immigration arrangements are needed for the implementation of crossings of people which is a combination of national and international aspects. however, looking at the universality of the function and role of immigration, the emphasis remains on the sovereignty aspects of each country.20 immigration officials have a function called the immigration trifunction, the first of which is the community service function, the function of the security forces, and the legal enforcement function.21immigration has the authority to supervise foreigners not only when they enter, but also while they are in indonesian territory, including their activities. immigration control includes enforcement of immigration law, both administrative and immigration.22 immigration law if it is related to the parent's legal science, immigration law is a part of state law, especially branches of administrative law (administriefrecht).23 this can be seen from the immigration function 17 gregorius aryodamar p, “pencari suaka di kebon sirih dipindahkan ke kalideres, ini alasannya”, from https://today.line.me/id/pc/article/g1ppny?utm_source=washare 18 directorate of immigration, “data on asylum seekers and refugees throughout indonesia per september 2018 [data pencari suaka dan pengungsi di seluruh indonesia periode september 2018]”, p.1 19 immigration law 20 imam santoso, op.cit., pp. 2-5. 21 amalia diamantina, amiek soemarni, astrid ditha f.a, “pelaksanaan deportasi orang asing di indonesia berdasarkan undang-undang nomor 6 tahun 2011 tentang keimigrasian (studi kasus kantor imigrasi jakarta timur)”, diponegoro law review vol. 5, no. 2, 2016, pp.13-15; muhammad alvi syahrin, “the immigration crime and policy: implementation of ppns authorities on investigation”. jils (journal of indonesian legal studies), vol. 3 no. 2, 2018, pp. 175-194. 22 immigration law https://today.line.me/id/pc/article/g1ppny?utm_source=washare between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 131 which is carried out based on the functions of government administrators or the state administration (bestuur) and public service (publiek dienst), not the function of forming a law (wetgever) and not also the function of justice (rechtspraak).24 in addition to the regulatory function that contains administrative legal aspects, immigration law also has the function of immigration polisional law enforcement. this function includes things such as the refusal of foreigners to enter indonesian territory because they do not meet the requirements, imposition of administrative immigration sanctions, and cancellation of residence permits. in addition to administrative sanctions immigration can also be subject to administrative sanctions such as administrative fines and criminal sanctions. it must be distinguished that the fine herein is administrative in nature which is declared by an administrative officer not a criminal fine as referred to in article 10 of the criminal code which is decided by a criminal justice judge.25 the immigration polisional law enforcement function is subject to the provisions of the state administration. this can be seen from the opening of the opportunity for those subject to law enforcement actions to object. the objections to immigration polisional actions are regulated according to the principles and legal rules of the state administration and administrative justice. therefore, the lawsuit against the decision of the administrative immigration sanction action is the domain of the state administrative court (pengadilan tata usaha negara, hereinafter as ptun). if the objection is rejected with the issuance of the decision to reject the objection, then the rejected party can file a lawsuit with the ptun (second level examination). the decision to reject the submission of an objection is considered as a firstlevel examination.26 the table 1 below explains the legal basis for foreigners subject to immigration administration sanctions and their legal remedies: table 1. administrative santion in immigration crimes no article type of actions 1 article 75 (1) the immigration official has the authority to carry out administrative immigration acts against foreigners who are in the territory of indonesia who carry out dangerous activities and should be suspected to endanger public security and order or do not respect or disobey laws or regulations. 23 barda nawawi arief, kapita selekta hukum pidana, bandung, citra aditya bhakti, 2003, pp. 13-14. 24 imam santoso, op.cit., p. 51 25 ibid, p. 54. 26 ibid a. bahari 132 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) (2) acts of immigration administrative sanctions as referred to in paragraph (1) may be in the form of: a. inclusion in the list of prevention or deterrence b. restrictions, changes, or cancellations of stay permit c. prohibition to be in one or several specific places in the territory of indonesia d. the requirement to reside in a certain place in the territory of indonesia e. charging fees; and / or f. deportation from indonesian territory. (3) immigration administration act in the form of deportation can also be carried out against foreigners who are in the territory of indonesia for trying to avoid the threat and execution of punishment in their home country. 2 article 76 decisions regarding immigration administration measures as referred to in article 75 paragraph (1) and paragraph (3) are made in writing and must be accompanied by reasons. 3 article 77 (1) foreigners subject to immigration administration act may submit objections to the minister. (2) the minister may grant or reject the objection filed by a foreigner as referred to in paragraph (1) by ministerial decree. (3) the ministerial decree as referred to in paragraph (2) is final. (4) filing an objection raised by a foreigner does not delay the implementation of the immigration administrative measures against the person concerned. 4 article 78 (1) foreign permit holders who have ended their validity period and are still in the territory of indonesia less than 60 (sixty) days from the deadline of the stay permit are subject to an expense in accordance with statutory provisions. (2) foreigners who do not pay the fees referred to in paragraph (1) are subject to immigration administration measures (3) foreign permit holders who have ended their validity and are still in indonesian territory more than 60 (sixty) days from the time limit of the stay permit are subjected to immigration administrative measures in the form of deportation and determination. 5 article 79 the person in charge of transportation equipment that does not fulfill the obligations referred to in article 18 paragraph (1) is subject to an expense. 6 article 80 charges as referred to in article 19 paragraph (4) and article 79 constitute one of the non-tax state revenues in the immigration field. on the other hands, there is an immigration law enforcement function with criminal sanctions which is one of a series in the criminal justice process, therefore it is subject to criminal procedural law. objections to an investigation may file a pretrial. law number 6 of 2011 concerning immigration is an administrative law supplemented with criminal sanctions. immigration crimes regulated in the criminal provisions chapter of law number 6 of 2011 concerning immigration is part of administrative criminal law, namely criminal law in the field of administrative violations classified as between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 133 administrative crime.27 the use of criminal sanctions in administrative law is essentially part of criminal law policy (penal policy).28 the following table 2 explains the forms of criminal acts regulated in law number 6 of 2011 concerning immigration. table 2 articles containing the formulation of immigration crimes in law number 6 of 2011 concerning immigration article subject type of actions punishment article 113 each person deliberately entering or leaving the territory of indonesia that is not through the inspection of immigration officials at the immigration check point. a maximum of 1 year in prison and / or a maximum fine of rp. 100,000,000 (one hundred million rupiah). article 114 corporation, captain (1) conveyance that enters or exits the territory of indonesia with its conveyance which is not through the immigration check point. (2) a conveyance that intentionally unlocks or raises passengers who do not go through an immigration official's inspection or landing inspection officer at the immigration check point (1) a maximum of 1 year in prison and / or a maximum fine of rp. 100,000.00.00 (one hundred million rupiah). (2) a maximum of 2 (two) years imprisonment and / or a maximum fine of rp. 200,000,000.00 (two hundred million rupiah). article 115 corporation captain transportation that does not pay the burden of the costs as in article 19 paragraph (4) and article 79. a maximum of 1 (one) year imprisonment and / or a maximum fine of rp.100,000,000.00 (one hundred million rupiah). article 116 foreigners not performing their obligations as referred to in article 71. imprisonment for a maximum of 3 months or a maximum fine of rp. 25,000,000.00 (twenty-five million rupiah). article 117 owner, caretaker of the place lodging does not provide information or do not provide data on foreigners who stay at their homes or accommodation after being requested by the immigration officer in charge imprisonment for a maximum of 3 months or a maximum fine of rp. 25,000,000.00 (twenty-five million rupiah). 27 barda nawawi arief, op.cit., p. 14. 28 ibid, p. 15. a. bahari 134 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) article 118 every guarantor deliberately giving evidence that is incorrect or does not meet the guarantees given as referred to in article 63 paragraph (2) and paragraph (3). the maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 119 foreigners (1) enter and / or be in the territory of indonesia that does not have a valid and valid travel document and visa. (2) deliberately using travel documents, but it is known or reasonably suspected that the travel documents are fake or falsified (1) maximum imprisonment of 5 years and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). (2) the maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 120 each person (1) perform actions intended to seek benefits, either directly or indirectly, for oneself or others by bringing someone or groups of people, both organized and disorganized, or ordering others to bring someone or groups of people who do not have the right to enter indonesian territory legally, whether using legal or fake documents, or without using travel documents, whether through immigration checks or not. (2) attempts to smuggle humans as verse 1. (1) criminal for human smuggling with a prison term of at least 5 (five) years and a maximum of 15 years and a criminal fine of at least rp. 500,000,000.00 (five hundred million rupiah) and a maximum of rp.1,500,000,000.00 (one billion five hundred million rupiah). (2) punished with paragraph (1) article 121 every person (a) deliberately fake or falsify a visa or entry or residence permit with the intention to use it for themselves or others to enter or exit indonesian territory. (b) deliberately using a fake or falsified visa or entry permit or residence permit to enter or exit or be in the territory of indonesia. the maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 122 ever person, foreigners (a) deliberately misusing or carrying out activities that are not in accordance with the intent and purpose of imprisonment for a maximum of 5 years and a maximum fine of rp.500,000,000.00 (five between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 135 granting a stay permit granted to him. (b) telling or giving opportunities to foreigners to abuse or carry out activities that are not in accordance with the purpose or purpose of granting a stay permit granted to him. hundred million rupiah). article 123 each person, foreigners (a) deliberately providing false or falsified letters or data or incorrect information with a view to obtaining a visa or stay permit for himself or others. (b) deliberately use a visa or stay permit as referred to in letter a to enter and / or exit and / or be in the territory of indonesia. imprisonment for a maximum of 5 years and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). article 124 each person (a) deliberately hiding or protecting or providing accommodation or providing livelihood or providing work to foreigners who are known or reasonably suspected of being in indonesian territory illegally (b) his residence permit has expired (a) a maximum of 2 years imprisonment and / or a maximum fine of rp.200,000,000.00 (two hundred million rupiah). (b) a maximum sentence of 3 months imprisonment or a maximum fine of rp. 25,000,000.00 (twenty-five million rupiah) article 125 foreigners without permission it is located in certain areas that have been declared prohibited by foreigners as referred to in article 48 paragraph (4). the maximum imprisonment is 3 years and / or a criminal fine of rp. 300,000,000.00 (three hundred million rupiah). article 126 each person (a) use indonesian travel documents to enter or exit indonesian territory, but it is known or reasonably suspected that indonesian travel documents are fake or falsified. (b) use the indonesian travel document of another person or that has been revoked or declared canceled to enter or exit the territory of indonesia or submit to (a) maximum imprisonment of 5 years and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). (b) maximum imprisonment of 5 years and a maximum fine of rp.500,000,000.00 a. bahari 136 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) another person the indonesian travel document given to him or owned by someone else for the purpose of being used without rights. (c) providing invalid data or incorrect information to obtain indonesian travel document for himself or others. (d) possessing or using unlawfully 2 or more similar indonesian travel documents and all of them are still valid (e) faking indonesian travel documents or making fake indonesian travel documents with the intent to be used for himself or others. (five hundred million rupiah). (c) maximum imprisonment of 5 years and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). (d) a maximum of 5 years imprisonment and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). (e) the maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 127 each person deliberately and illegally storing fake or falsified indonesian travel documents with a view to use for himself or others maximum imprisonment of 5 years and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). article 128 each person (a) deliberately and unlawfully printing, possessing, storing, or trading blank indonesian travel documents or other immigration documents blanks. (b) deliberately and unlawfully creating, possessing, storing, or trading stamp or other tools used to certify indonesian travel documents or other immigration documents. the maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 129 each person deliberately and unlawfully for the benefit of oneself or others damaging, changing, adding to, reducing, or eliminating, in part or in whole, the information or stamp contained in the indonesian travel document or other immigration document. maximum imprisonment of 5 years and a maximum fine of rp.500,000,000.00 (five hundred million rupiah). between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 137 article 130 each person deliberately and unlawfully possessing another person's travel document or immigration document. a maximum of 2 years imprisonment and / or a maximum fine of rp.200,000,000.00 (two hundred million rupiah). article 131 each person intentionally without rights and against the law owning, storing, destroying, eliminating, modifying, duplicating, using and or accessing immigration data, either manually or electronically, for the benefit of oneself or others. maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 132 immigration officer intentionally and against the law giving indonesian travel documents and / or giving or extending immigration documents to someone who they know is not entitled. the maximum prison term is 7 years. article 133 immigration office, other offices (a) allowing someone to commit immigration crimes in article 118, article 119, article 120, article 121, article 122, article 123, article 126, article 127, article 128, article 129, article 131, article 132, article 133 letter b , article 134 letter b and article 135 which should be known by him. (b) deliberately leaking confidential immigration data to unauthorized parties as in article 67 paragraph (2) and article 68 paragraph (2). (c) intentionally failing to carry out standard operating procedures that apply in the inspection process of departure or arrival at the immigration checkpoint which results in the entry of foreigners into the indonesian territory as in article 13 paragraph (1) or the departure of people from the indonesian territory as (a) (a) the maximum imprisonment is 5 years. (b) the maximum imprisonment is 5 years. (c) (the maximum imprisonment is 2 years. a. bahari 138 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) referred to in article 16 paragraph (1). ). (d) intentionally and against the law not carrying out standard operating procedures for detention of detainees at the immigration detention center or immigration detention room which resulted in detainees running away. (e) intentionally and against the law do not enter data into the immigration management information system as referred to in article 70. (d) the maximum imprisonment is 2 years. (e) the maximum imprisonment is 6 months. article 134 every detainee (a) knowingly manufacture, possess, use, and / or distribute weapons. (b) deliberately running away from the immigration detention center or immigration detention room. (a) the maximum imprisonment is 3 years. (b) 5 years imprisonment. article 135 each person conducting a pseudo marriage with the aim of obtaining immigration documents and / or to obtain indonesian citizenship status the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). article 136 corporation (1) in the event that the criminal acts as meant in article 114, article 116, article 117, article 118, article 12o, article 124, article 128 and article 129 are committed by the corporation. (1) criminal is imposed on the management and the corporation. (2) imposition of punishment against a corporation is only a fine with a provision of 3 times the amount of the fine in paragraph (1). (3) the criminal provisions as referred to in article 113, article 119, article 121 letter b, article 123 letter b, and article 126 letter a and letter b shall not be between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 139 applied to victims of trafficking and human smuggling. above already described the administrative sanctions and criminal sanctions in law number 6 year 2011 concerning immigration, for the sake of realizing justice in the enforcement of the immigration law, it must be based on national standards recognized by the nations with respect. in addition to welfare and social considerations, the upcoming reform of the national legal system and the national criminal law system will restore the criminal function as an ultimum remedium with the awareness that the prevailing criminal law system is a legacy of the classical tradition that views criminal sanctions as retaliation. for the actions of someone who violates the norms of criminal law. the reform of the national legal system and the national criminal law system that will be formed will develop a new paradigm colored by modern trends that view criminal sanctions as the last means. if the aspects of justice and benefit take precedence over legal certainty, it means that the nation consciously uses social welfare as the goal of punishment. in line with this view, muladi firmly states that the criminal justice system in the short term aims at resocializing the perpetrators of criminal acts, the medium term in the form of crime control and the long term in the form of social welfare. associated with the doctrine of legal science, that efforts to form legal politics in tackling crime can take various forms. the first form is repressive using penal means, including in this case the criminalization process. development of criminal law policies in the field of immigration using a double track system formula (formulation of criminal acts and sanctions). according to wirjono prodjodikoro, stated that prevention efforts without punishment (without using penal means) should always take precedence. it is better for people who commit criminal acts to be punished with administrative sanctions in order to achieve the goal of straightening the social balance, punishment can be applied as an ultimum remedium or the last means of punishing people. the question arises when there should be criminal sanctions and administrative sanctions. noot is met nauwkeurigheid aan te geven, waar de grens ligt tussen strafrecht en civiel recht, tussen strafrecht en tuchtrecht, tussen strafrecht en administratief recht.29 29 ibid a. bahari 140 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) it can never be said precisely where the boundary lies between criminal law and administrative law. romli atmasasmita gave the view that the classic criminal principle in the form of expulsion in practice cannot create a comfortable, just and beneficial climate of community life for both the community and the suspect, defendant or convict. on the other hand, there has been a density of prisoners who have exceeded the capacity limit and have resulted in sexual, social and security demoralization in prisons, and there has even been an increase in the quality of criminal acts so that they are often called “crime high school prisons”.30 the detterence effect that is expected does not happen, even the recidivist is increasing, the significant impact and not previously predicted by adherents of retribution is a waste of state costs for law enforcement, both in the institutional aspect and in the aspect of financing criminal cases, the advantages and disadvantages in the application of criminal sanctions must be considered in imposing criminal sanctions.31 based on this background, in this paper the authors propose several problems, namely how to apply the principle of ultimum remedium in law number 6 of 2011 concerning immigration which contains a double track system between administrative sanctions and criminal sanctions, to get a better understanding as well. presented a comparison of immigration law enforcement in indonesia with japan, malaysia, and singapore. to see the holistic law enforcement process, in immigration law enforcement it can be seen the process of one example of a concrete case in decision number 01/pid.sus/2018/pn.tng, decision number 02/pid.sus/2018/pn.tng with the accused besmillah qasemi and shaqera qasemi are both charged guilty of violating article 116 jo article 71 letter b of law number 6 of 2011 concerning immigration, it is interesting to discuss because there is a member judge who is dissenting opinion on the basis that foreigners who claim to be asylum seekers should not be able to was convicted before an official letter from the united nations high commissioner for refugees (unhcr) stated that the foreigner was not an asylum seeker.32 30 romli atmasasmita, rekonstruksi asas tiada pidana tanpa kesalahan geen straf zonder schuld, jakarta, pt gramedia pustaka utama, 2017, pp. 16-18. 31 ibid 32 it is stated that: “every foreigner who is in the territory of indonesia is obliged to show and submit travel documents or residence permits in his possession if requested by an immigration official who is in charge of immigration control, shall be punished with imprisonment of 3 (three) months or a maximum fine of at most. a lot of rp. 25,000,000.00 (twentyfive million rupiah).” (see indonesia law number 6 of 2011 concerning immigration, state gazette of the republic of indonesia of 2011 number 5216). between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 141 in this case the defendant entered indonesia without legal documents, the ppns investigator argued that this foreigner entered indonesia deliberately to throw away his legal documents, due to his mistake the defendant was placed in the immigration detention center for 4 months, the public prosecutor charged the defendant with a criminal offense. confinement for 2 months. the panel of judges gave a verdict of 1 month in prison against the defendant, the defendant then served a sentence of 1 month in prison in tangerang. the problem again arose when the defendant applied for asylum seeker status, after completing his one month imprisonment, the defendant was sent to the immigration detention center in tanjung pinang, of course the immigration authorities could not make deportation efforts before waiting for the legal status issued by the united nations high commissioner for refugees (unhcr). this results in unclear enforcement of immigration law in indonesia which can cause losses to violators of the immigration law, society, and the state of indonesia. the author also analyzed the denpasar district court preliminary decision number 3 / pid.pra / 2019 / pn dps, the judge rejected the pretrial petition.33 rabie abderahmad ayad, a lebanese national who has been arrested and later detained by the bali regional police based on the red notice issued by the united states government in the context of the prosecution process in the united states, rabie abderahmad ayad has served 342 (three hundred and forty two) days of detention, due to a request for extradition from the united states government.34 with the authority possessed by immigration officials to determine whether to impose administrative or criminal sanctions, it is better to solve them like tax cases where the settlement is mostly done administratively in their respective regions. this can be done also in cases of immigration. the subject matter in the pretrial filing is related to the detention carried out by the respondent (bali regional police) on april 19, 2018, violating the period of detention stipulated in law number 1 of 1979 concerning extradition so that it does not provide legal certainty for foreigners and prolonged detention is form of torture or torture. these cases can be resolved quickly, simply and at low cost as well as a clear legal basis if resolved with immigration administrative sanctions in the form of deportation and deterrence so as to realize the application of the principle of ultimum remedium in law number 6 of 2011 concerning immigration. this paper analyses the application of the ultimum remedium principle in immigration crime. immigration law enforcement requires immigration 33 denpasar district court decision number 03/pid.pra/2019/pn.dps. 18 april 2019, p. 33 34 ibid, p. 2 a. bahari 142 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) officials to strictly select the increasing entry and entry of foreigners in indonesian territory and it is feared that it could disturb the stability of the security of the indonesian state. thus, immigration officers play an important role in implementing regulation of the traffic of people into and out of the territory of indonesia. when foreigners commit violations and legal crimes in law number 6 of 2011 concerning immigration, immigration officials will impose sanctions either in the form of administrative sanctions or criminal sanctions. in imposing punishment, immigration officers must consider the principle of ultimum remedium which implies that criminal sanctions are used as a last resort, meaning that in violations of law that occur in law number 6 of 2011 concerning immigration, they must prioritize administrative sanctions. how the benchmarks to measure the application of the ultimum remedium principle, will be answered by the extent to which the application of criminal sanctions and the administration of immigration can provide benefits to both offenders, the community and for the welfare of the indonesian people. b. method in accordance with the problems raised in this study in order to be able to answer the research objectives, this research uses a research method with the following steps: 1. type of research this type of research conducted in this research is normative research. normative legal research or library research is legal research conducted by examining library materials or secondary data. normative legal research includes research on legal principles, research on legal systems, research on the level of vertical and horizontal synchronization, legal comparisons and legal history.35 to see how the regulation, as well as the application of the ultimum remedium principle in the crime of immigration, by using the normative research method, the types of data that i will use are primary data and secondary data. 2. sources of data the sources of data at this research divideds into 2 (two) types, as follows: 35 soerjono soekanto & sri mamudji, penelitian hukum normatif: suatu tinjauan singkat, jakarta, rajawali pres, 1999, p. 15. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 143 a. primary data, is data obtained directly by the author through interviews conducted with sources including: 1) jaya saputra, s.h, m.h., as head of sub-directorate of immigration detention and deportation of the directorate general of immigration of the republic of indonesia on december 17, 2018. 2) komang, s.h., m.h., as head of subdirectorate of immigration investigation on january 29, 2019. 3) dilan, s.h., m.h., as head of subdirectorate of immigration enforcement on january 29, 2019. 4) mitra salima suryono, as associate external relations / pi officer of the united nations high commissioner for refugees (unhcr) on 20 december 2018. 5) paulina, as protection associate of the united nations high commissioner for refugees (unhcr) on december 20, 2018. 6) dr. ahmad sofian, s.h., m.a, as an academic from bina nusantara university on february 21, 2019. 7) avyanthi aziz, s. sos., ms, as an academic from the university of indonesia on august 20, 2018. 8) ziko nunius fernando, s.h., m.h., cil, as an academician from the university of palembang on 21 february 2019. this interview was conducted to get an insight from the source regarding the application of the ultimum remedium principle in immigration crime, which is the problem in this thesis. b. secondary data, is data that the authors obtain from literature studies. this secondary data consists of: 1) primary legal materials legal material that is authoritative means that it has authority.36 primary legal materials in the form of statutory regulations contain the rules needed to study immigration crime, including: a) the 1945 constitution. b) toelatingsbesluit (s. 1961 no. 47). c) toelatingsbesluit (s. 1949 no. 331). d) law no. 42 drt. 1950 concerning immigration fees. e) law no. 9 drt. 1950 concerning supervision of foreigners. f) indonesian criminal code (kuhp) g) law number 8 year 1981 concerning the criminal procedure code. 36 peter mahmud marzuki, penelitian hukum, jakarta, kencana prenadamedia group, 2014, p. 93. a. bahari 144 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) h) law (drt) number 8 of 1955 concerning immigration crime. i) law number 9 year 1992 concerning immigration. j) law number 6 year 2011 concerning immigration. k) law number 1 of 1979 concerning extradition. l) law number 1 year 2006 concerning reciprocal assistance in criminal matters. m) presidential regulation of the republic of indonesia number 125 of 2016 concerning handling of refugees from abroad. n) government regulation number 31 of 2011 concerning implementing regulations of law number 6 of 2011 concerning immigration. apart from the law, other primary legal materials used were the decision of the tangerang district court number 01 / pid.sus / 2018 / pn.tng with the defendant besmillah qasemi and decision number 02 / pid.sus / 2018 / pn.tng with the defendant shaqera qasemi and denpasar district court preliminary decision number 3 / pid.pra / 2019 / pn dps, this court decision will be used as a reference by the author to see how law enforcement against immigration crime in indonesia. 2) secondary legal materials represents all publications about the law that are not official documents.37 legal materials used include textbooks, legal journals, papers of various scientific meetings, theses, theses, and other research results, as well as articles related to the application of the ultimum remedium principle in immigration crimes. 3) tertiary legal materials in the form of supporting materials that provide instructions and explanations for secondary materials, such as general dictionaries, law dictionaries, namely the black’s law dictionary. 3. data collection method the collected data will be analyzed using qualitative and descriptive methods, which are the implementation of in-depth, comprehensive and holistic data analysis to obtain conclusions on the problem under study. analytical descriptive writing to provide a comprehensive picture of the facts and problems related to the object of research, then an analysis of these problems is carried out based on the prevailing legal norms and the theory used as analysis. 37 ibid. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 145 c. result and discussion 1. immigration crimes: history and its development before formulating what is meant by the term immigration crime, below will briefly mention the use of the term criminal offense. the term “criminal offense” is a translation from the dutch strafbaar feit or delic.38 apart from the term criminal offense, the term strafbaar feit is also translated into various indonesian languages, for example: (1) peristiwa pidana (criminal incident)39 (2) perbuatan yang boleh dihukum (an act than can be punished)40 (3) pelanggaran pidana (criminal offense)41 (4) perbuatan pidana (criminal action).42 meanwhile, the definition of immigration is the matter of the traffic of people entering or leaving the indonesian territory and its supervision in the framework of maintaining the upholding of state sovereignty.43 thus, the meaning of immigration crime is an act that is prohibited by immigration law, anyone who violates it is threatened with criminal sanctions as regulated in the immigration law. the position of immigration law as positive law is also included in public law, because violations of the immigration crime are in the framework of regulating public relations with their countries and their implementation is fully in the hands of the government and for the benefit of the people of the nation and the state.44 a) history of immigration crime the 1924 international conference on emigration and immigration in rome, defines immigration as “human mobility to enter a country with its purpose to make a living or for residence.” from this definition it is understood that immigration means the movement of people moving into a country with the intention of earning a living and settling there.45 the development of 38 h. abdulla sjahriful, memperkenalkan hukum keimigrasian, jakarta, ghalia indonesia, 1993, p. 108. 39 e. utrecht, hukum pidana 1, jakarta, balai buku indonesia, 1958, p. 250. 40 karni, ringkasan tentang hukum pidana, jakarta, balai buku indoenesia, 1950, p. 34; h. j. van schravendjik, buku pelajaran tentang hukum pidana indonesia, jakarta, j. b. wolters, 1956, p. 87. 41 m.h. tirtaamidjaja, pokok-pokok hukum pidana, jakarta, fasco, 1955, p. 18. 42 moeljatno, “perbuatan pidana dan pertanggungan jawab dalam hukum pidana”, speech on anniversary ceremony of universitas gajah mada vi, yogyakarta: gajah mada, 1955, pp. 8-9. 43 article 1 (1) immigration law. 44 sihar sihombing, hukum imigrasi, bandung, nuansa aulia, 2009, p. 78. 45 imam santoso, op.cit., p. 61. a. bahari 146 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) immigration in indonesia can be divided into two parts, namely before indonesia became independent and after indonesia became independent46: 1) before the colonialization given indonesia's strategic geographical location, where its position is on the equator which only recognizes two seasons, namely the rainy season and summer, it lies between the two continents of asia and the continent of australia and is located between the indian ocean and the pacific ocean, making indonesia's homeland fertile. rich in natural products, forests, and sea. this situation makes foreigners want to come to indonesia with various purposes and backgrounds. this can be seen from the records of foreign arrivals that are grouped according to nationality/nationality47: year note 701-800 first immigration (hindu) come to indonesia to trade / trade and spread hinduism and culture. 1294 second immigration the chinese people / nation first came to indonesia because of the background of the civil war between the dynasties. in the second stage, chinese people came to indonesia with an economic / commercial nature. 1410 third immigration arabs came to indonesia to spread religion. 1522 fourth immigration the portuguese came to indonesia to trade, then colonized to maintain their trade monopoly. 1592 fifth immigration the dutch first went to indonesia to trade, then colonized to secure and maintain their trade. 2) in the colonialization this colonial period can be broadly divided into two parts, namely the dutch and japanese colonial times48: 2.1 dutch colonial period the wealth of natural resources, particularly as a producer of developmental commodities that are traded on the world market, has made indonesia's territory, which is largely controlled by the dutch east indies, attracted various foreign countries to participate in developing the plantation commodity trading business. in order to regulate the flow of foreign arrivals to the dutch east indies, the colonial government in 1913 46 sihar sihombing, op.cit., p. 5. 47 ibid. 48 sihar sihombing, op.cit., p. 6 between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 147 established the office of the secretary of the immigration commission and as its duties and functions continued to develop in 1921 the office of the secretary of the immigration commission was changed to immigratie (immigration service).49 the immigration service during the dutch east indies colonial rule was under director yustisi, whose organizational structure saw the formation of groups such as visa afdeling. the ambtenaar immigratie corps is expanded. experienced and highly educated personnel are employed at the center, not a few shipments from the netherlands. all positions of the immigration service are in the hands of dutch officials.50 the immigration policy established by the dutch was open door politics (opendeur politiek), through this policy, the dutch east indies government opened as wide as possible for foreigners to enter, stay, and become citizens of the dutch east indies. the main purpose of implementing the "opendoor" immigration policy was to get allies of investors from various countries in order to develop the export of plantation commodities in the balanda indies region. in addition, the existence of foreigners can also be used to jointly exploit and suppress indigenous people.51 although the addition of regional immigration offices continues to grow, the organizational structure is still relatively simple with three parts, namely: entry permits, residence people, foreigner population, and citizenship.52 the immigration policy of the dutch east indies government was an opendoor politics (political opposition). the reasons the dutch east indies government implemented opendoor politics were53: a) to attract foreign capital and foreign influence to indonesia, so that it is difficult for indonesia to move b) in order for the indonesian people to remain colonized c) so that many defend indonesia if there are foreign countries that attack and d) to benefit foreign capital requires cheap labor. 49 directorate of immigration, sejarah direktorat jenderal imigrasi, http://www.imigrasi.go.id/index.php/profil/sejarah#%e2%80%a2-era-revolusikemerdekaan 50 ibid. 51 ibid. 52 ibid. 53 sihar sihombing, op.cit., p. 7 http://www.imigrasi.go.id/index.php/profil/sejarah#%e2%80%a2-era-revolusi-kemerdekaan http://www.imigrasi.go.id/index.php/profil/sejarah#%e2%80%a2-era-revolusi-kemerdekaan a. bahari 148 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) some regulations that can be noted at this time include: a) staatsblad 1913 number 105 concerning appointment of secretary of the immigration commission in each government capital, namely: batavia (jakarta), surabaya and semarang. b) staatsblad 1916 number 142 of 1916 was appointed a secretary of the immigration commission in pontianak and pengankatan a chinese interpreter for the purposes of the immigration service in jakarta. c) staatsblad 1921 number 33 dated january 13, it is explained that immigration has stood alone under the name of the immigration service. 2.2 japanese colonial period japanese entry into indonesian territory in 1942. during the japanese occupation there were almost no fundamental changes in immigration regulations. dutch east indies legal products are still used during this period. things that can be noted during the japanese era are as follows54: a) the registration of foreigners is introduced by means of a statement of foreign residence containing the identity of the foreigner. however, it is not clear whether it will replace immigration documents during the dutch era or not. b) there is proof of identity (idenditeits bewijs) furthermore, the existing immigration documents for dutch products are still in use and in this case need to be modified according to needs only. 3) after indonesian independence in this period, in general it can be further divided into two periods from 1945 to 1992, there are several things that can be observed during this period55: 3.1 year 11945-1949 during the dutch east indies colonial period, the immigration service was under the director yustisi. since 1945, in aceh there has been its own immigration service under the ministry of justice. in 1946, the ministry of foreign affairs issued a certificate deemed as the (first) passport which was issued to participate in the invitation to the inter asian conference in new delhi, led by h. agus salim in his position as the deputy minister of information of the republic of indonesia. 54 ibid. 55 ibid. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 149 on january 3, 1946, yogyakarta became the capital of the republic of indonesia, due to a break with the center, the immigration service was supervised by the regional head. through the instruction of the head of justice of bukit tinggi through his instruction in 1947, the immigration service which was originally under the ministry of justice was changed to become under the ministry of foreign affairs. 3.2 year 1949-1959 this period was marked by the following: a) october 5, 1949 with the issuance of the decree of the state secretary, the head of the yustisi department of the balanda indies immigration service has one internal affairs inspector, 14 (fourteen) immigration offices, and 2 (two) immigration offices overseas. initially the organizational structure of the immigration bureau at the central level and the immigration service consisted of a landing and return permit section, a departure, return and passport section, a visa section and a residence section. b) staatblad indonesia no. 332 of 1949 regulates residence, entry permit, landing of foreigners and shows places of ports, landings, both sea and air. then on december 27, 1949 it was marked by the recognition of the sovereignty of the republic of indonesia, officially the establishment of the ris immigration service, the appointment of the immigration apparatus who was the first to be an indonesian, namely: mr. joesoef adiwinata, with the decree of the minister of justice of the republic of indonesia no. jz./30/16 date 28 january 1950 which was retroactive from 26 january 1950. c) in 1950 as a newly independent nation and still in an upheaval, of course the facilities and infrastructure to support the immigration service for the first time were held by an indigenous son, namely mr. h.j adiwinata and the composition of the immigration service under the coordination of the minister of justice. the products of legislation in the field of immigration during the ris administration were56: 1) decree of the minister of justice number jz / 239/12 dated 12 july 1950 regarding the reporting of passengers to customs leaders when they land at a port that has not been officially designated as a landing port 56 directorate of immigration, sejarah direktorat jenderal imigrasi, http://www.imigrasi.go.id/index.php/profil/sejarah#%e2%80%a2-era-revolusikemerdekaan, accessed on 19 february 2019. http://www.imigrasi.go.id/index.php/profil/sejarah#%e2%80%a2-era-revolusi-kemerdekaan http://www.imigrasi.go.id/index.php/profil/sejarah#%e2%80%a2-era-revolusi-kemerdekaan a. bahari 150 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 2) ris emergency law number 40 of 1950 concerning ri travel documents 3) ris emergency law number 42 of 1950 concerning immigration fees. 3.3 year 1950-1959 immigration head office at the central level is under the minister of justice who is assisted by two representatives, namely head of immigration office bureau i and ii. the impact of the immigration policy of the dutch east indies government with this opendour politiek resulted in various ethnicities from various continents coming and living in indonesia, so that their citizenship status had disappeared. to curb and find out the number of immigrants issued government regulation number 32 of 1954 concerning the registration of foreigners on 20 april 1954. 3.4 year 1959-1966 after the presidential decree dated july 5, 1959 in the decree of the minister of justice number js4/4/february 16, 1969 concerning organizational tasks of the ministry of justice, the term jawatan was changed to a directorate headed by the head of the directorate and assisted by a representative. presidential decree number 144 of 1964 dated 6 june 1964 in article 2 states that the technical operational and administrative directorate of immigration of the republic of indonesia is under the working cabinet presidium. this was in effect until august 31, 1966. 3.5 year 1966–1974 cabinet presidium decree number 75/u/kep/11/1966 concerning organizational structure and division of departmental duties. the directorate of immigration is again under the ministry of justice under the name of the directorate general of immigration which consists of the director general of immigration, the secretary of the director general of immigration, the directorate of general immigration, the directorate of foreign supervision, the directorate of supervision of services and the immigration office in the regions. 3.6 year 1974-1985 presidential decree number 44 of 1974 concerning the organizational structure of the ministry revokes the cabinet presiduim decree number 75 / u / kep / 8/1966, in article 9 of presidential decree number 45 of 1974 the directorate general of immigration consists of the secretariat of the directorate general, the directorate of interstate traffic and between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 151 licensing, directorate of foreigner status control and directorate of immigration tracking. presidential decree no. 45/1974 was finally repealed by presidential decree no. 15/1984 concerning the organizational structure of departments consisting of the secretariat of the directorate general, the directorate of transnational transnational and licensing, the directorate of control of foreign status, the directorate of supervision and prevention and the directorate of immigration activities tracking. 3.7 year 1992-2011 since the enactment of law no. 9 of 1992 concerning immigration, on march 31, 1992 there has been a new era in the immigration law system, because immigration politics that are juridically selective are spelled out in one legal provision that applies nationally. since then, all immigration laws and regulations are united in the form of law, namely law no. 9 of 1992 which replaced several previous regulations, namely57: a. toelatingsbesluit (s. 1961 no. 47) b. toelatingsbesluit (s. 1949 no. 331) c. law no. 42 drt. 1950 concerning immigration fees d. law no. 9 drt. 1950 concerning supervision of foreigners e. law no. 8 drt. 1955 concerning immigration criminal action f. law no. 9 drt. 1955 concerning the population of foreigners; and g. law no. 14 drt. 1959 on indonesian travel documents as for the next main issue is whether selective legal politics was actually implemented after the issuance of law number 9 of 1992 concerning immigration, because it also coincided with the enactment of the visa-free policy which was given gradually to 48 countries issued since the year 1983, which caused the politics of immigration to be open again.58 even so, it must still be recognized that law number 9 of 1992 concerning immigration has served as an umbrella for the implementation of immigration duties. the modification of this law is designed with a different spirit and spirit from time to time which emphasizes more on national interests and greater protection for indonesian citizens.59 3.8 year 2011 to present period basically, the presence of law no. 6 of 2011 concerning immigration in principle, does not change much of the legal politics of law no. 9 of 1992 concerning immigration, for example60: 57 jazim hamidi dan charles christian, hukum keimigrasian bagi orang asing di indonesia, jakarta, sinar grafika, 2016, pp. 22-23. 58 ibid. 59 ibid. 60 ibid., p. 24. a. bahari 152 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) a. law number 6 of 2011 concerning immigration has regulated the expansion of the subject of criminal offenders, to include corporations. b. the existence of immigration intelligence which was previously in law no. 9 of 1992 concerning immigration has not been regulated. c. the existence of a regulation on the management information system of the directorate general of immigration d. regulations related to the statement of integration in article 1 number 22 of law number 6 year 2011 concerning immigration, the statement of integration is a statement by foreigners to the government of the republic of indonesia as one of the conditions for obtaining a permanent residence permit. e. regulations related to guarantor in article 1 number 26 law number 6 year 2011 concerning immigration which explains that guarantor is a person or corporation that is responsible for the existence and activities of foreigners while in the indonesian territory. f. there is a limitation on the detention period for a foreigner at the immigration detention center, which was never regulated in the previous law, but the maximum detention period is set for 10 (ten) years as stipulated in article 85 paragraph (2). g. regarding prevention in article 97 paragraph (1), it says that prevention can be extended every 6 (six) months and there is no set limit on the maximum number of such extensions. for this article, prof. yusril ihza mahendra went to the constitutional court and the constitutional court granted his lawsuit in accordance with the decree of the constitutional court no. 64 / puu-ix / 2011 dated june 20, 2012. thus, the decision to prevent a person is only enforced 2 (two) times. unlike before, it can be extended every 6 (six) months with an unlimited number of extensions. h. the regulation in article 1 number 32 is related to human smuggling i. article 86 paragraph 1 of law number 6 year 2011 concerning immigration related to the provisions of immigration administrative sanctions are not enforced against victims of trafficking and human smuggling. the immigration function which has a multidimensional and interdisciplinary nature coupled with a very dynamic human nature and global development of the world, especially increasing migratory flows transnationally, so in the future not a single country in the world will be spared from the problem of immigration. the indonesian government must between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 153 be precise and immediate to be able to anticipate this, among others, with developments in the world of international migration. as a concrete example, for example in article 1 of law number 6 year 2011 concerning immigration it states that: immigration is a matter of the traffic of people entering or leaving indonesian territory as well as supervision in order to uphold the upholding of state sovereignty. the understanding that this point only provides a definition of human traffic and its guardians who enter and exit the territory of indonesia, even though currently the immigration paradigm has changed a lot which when we refer to current international understandings, that the notion of immigration is no longer merely focused on humans as objects that traffic between countries and their supervision. the new paradigm has shifted and provided an extension of the notion of migration which was previously only the meaning of movement from one country to another, and was carried out individually, but now this definition has stated that migration is not only to one country but is assumed to be carried out in several countries (transnational migration) and carried out in groups.61 immigration literature in the last five years which is used as a reference to provide an explanation of these changes, which explains that a migration process from humans (human migration) does not only see humans unsich but must be understood that every movement or movement of humans simultaneously it also means the movement or transfer of money capital, human resources (human capital), political, social, cultural, security, demographic, environmental and other aspects of life.62 b) development of immigration crimes in indonesia to understand the formulation of criminal sanctions in law number 6 of 2011 concerning immigration, below will describe the formulation of each article in the immigration law, as explained on table 3. table 3. formulation of crime in law number 6 of 2011 concerning immigration no article forms of prohibited actions 1 113 entering or leaving the indonesian territory that is not subject to inspection by immigration officers at immigration checkpoints. 2 114 (1) transport equipment that enters or leaves the indonesian territory by means of transportation that does not pass through the immigration checkpoint. 61 ibid., p. 27 62 ibid. a. bahari 154 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) (2) transport equipment intentionally disembarking or loading passengers who do not go through the inspection of the immigration officer or the landing inspection officer at the immigration checkpoint 3 115 transportation means that do not pay load fees as referred to in article 19 paragraph (4) (the person in charge of the transportation tool is obliged to check travel documents and / or visas for each passenger who will travel) and article 79. 4 116 failure to carry out its obligations as referred to in article 71. 5 117 do not provide information or do not provide data on foreigners staying at their home or lodging after being asked by the immigration official on duty 6 118 providing information that is not true or does not fulfill the guarantees it provides as referred to in article 63 paragraph (2) and paragraph (3). 7 119 (1) entering and / or being in the indonesian territory that does not have a valid travel document and visa. (2) using travel documents, but it is known or reasonably suspected that the travel documents are fake or falsified 8 120 (1) doing an act that is aimed at seeking profit, either directly or indirectly, for oneself or another by bringing a person or group of people, whether organized or not, or ordering other people to bring someone or a group of people who do not have the right to enter the indonesian territory legally, using either legal or fake documents, or without using travel documents, whether through immigration checks or not. (2) attempt to carry out human smuggling as referred to in paragraph 1. 9 121 (a) making fake or falsifying visas or signs of entry or stay permits with the intention of being used by himself or others to enter or leave indonesian territory. (b) using a fake or falsified visa or entry sign or residence permit to enter or exit or be in the indonesian territory. 10 122 (a) abusing or engaging in activities that are inconsistent with the purpose and purpose of the residence permit granted to him. (b) ordering or giving opportunities to foreigners to abuse or carry out activities that are inconsistent with the purpose or purpose of granting the stay permit granted to them. 11 123 (a) providing false or falsified letters or data or false information with the intention of obtaining a visa or residence permit for himself or another person. (b) using a visa or stay permit as referred to in letter a to enter and / or exit and / or be in the indonesian territory. 12 124 (a) conceal or protect or provide lodging or provide a living or provide employment to foreigners who are known or reasonably suspected to be in the territory of indonesia illegally between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 155 (b) the residence permit expires. 13 125 without a license to be in certain areas that have been declared prohibited for foreigners as referred to in article 48 paragraph (4). c) typical characteristics of legal subjects of law number 6 of 2011 concerning immigration the characteristics of legal subjects in law number 6 of 2011 concerning immigration, highlighted below, and it can be held accountable for enforcing the immigration law in indonesia, namely as follows63: 1. immigration officers are employees who have gone through special immigration education and have special immigration expertise and have immigration technical expertise and have the authority to carry out duties and responsibilities under this law. 2. foreigner is a person who is not an indonesian citizen 3. corporation is an organized group of people and / or assets, either a legal entity or a non-legal entity. 4. guarantor is a person or corporation that is responsible for the existence and activities of foreigners while in the indonesian territory. 5. transport means are ships, airplanes or other means of transportation commonly used, either to transport people or goods. 6. detainers are foreigners who live in the immigration detention center or immigration detention room who have received a detention decision from the immigration officer. 7. person in charge of transportation means the owner, manager, agent, skipper, ship captain, pilot captain or driver of the transportation means concerned. 8. passenger is any person on board the transportation means. above, it has been explained concretely about legal subjects that can be held accountable for violations and crimes in the immigration law, starting from foreigners, corporations, people in charge of transportation means and immigration officials who can also be held accountable if they commit crimes or violations in the immigration law. the types of crimes are imposed in law number 6 of 2011 concerning immigration, how long is the minimum imprisonment and imprisonment and how many are the minimum to maximum fines in law number 6 of 2011 concerning immigration, explained on table 4, as follow. 63 immigration law a. bahari 156 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) table 4. types of sanctions in indonesian immigration law type of sanctions imprisonment confinement fines articles 116, 117, 124 letter (b) the maximum imprisonment is 3 months the maximum fine is rp. 25,000,000.00 (twentyfive million rupiah). article 113 in conjunction with article 114, paragraph (1), 115, the maximum imprisonment is 1 year criminal a maximum fine of rp. 100,000,000 (one hundred million rupiah). article 114 paragraph (2), 124 letter a, 130, the maximum imprisonment is 2 (two) years the maximum fine is rp. 200,000,000.00 (two hundred million rupiah). article 125, the maximum imprisonment is 3 years the penalty is rp. 300,000,000.00 (three hundred million rupiah). articles 118, 119 paragraphs (1) and (2), 121,122, 123, 126, 127, 128, 129, 131, 135, the maximum imprisonment is 5 years the maximum fine is rp. 500,000,000.00 (five hundred million rupiah). article 120, imprisonment for a minimum of 5 (five) years and a maximum of 15 years the punishment shall be a minimum fine of rp. 500,000,000.00 (five hundred million rupiah) and a maximum of rp. 1,500,000,000.00 (one billion five hundred million rupiah). article 132, imprisonment for a maximum of 7 years. article 133 (a), (b), the maximum imprisonment is 5 years. article 133 (c), (d), the maximum imprisonment is 2 years. article 133 (e), the maximum imprisonment is 6 months. article 134 (a), the maximum imprisonment is 3 years. article 134 (b), the punishment is 5 years imprisonment. article 136 paragraph (1), crime is imposed on the management and the corporation. article 136 paragraph (2) between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 157 imposition of punishment against corporations is only a fine, provided that the amount is 3 times the penalty in paragraph (1). in law number 6 of 2011 concerning immigration, criminal sanctions can be in the form of imprisonment, confinement, and fines. the imprisonment for a minimum of 1 year is contained in article 113, article 114, paragraph (1) jo article 115 and the maximum imprisonment of 15 years is contained in article 120 of the immigration law concerning the prohibition of bringing a person or group of people, either in an organized or unorganized manner. , or ordering other people to bring a person or group of people who do not have the right to enter indonesian territory legally, using either legal or fake documents, or without using travel documents, whether through immigration checks or not or attempts to carry out human smuggling. a maximum fine of rp. 1,500,000,000.00 (one billion five hundred million rupiah). the lightest fines with imprisonment for a maximum of 3 months are contained in articles 116, 117, 124 letters (b) and the minimum fine is rp. 25,000,000.00 (twentyfive million rupiah). basically, foreigners who violate law number 6 of 2011 concerning immigration, whether they are subject to administrative or criminal sanctions, will eventually be subject to deportation. 2. immigration law enforcement arrangements: the influencing factors in enforcing the immigration law, immigration officers can supervise foreigners according to law number 6 of 2011 concerning immigration in article 66 to article 73 and more specifically regulated in government regulation number 31 of 2013 concerning the rules for implementing the immigration law. in law enforcement, there are factors that influence law enforcement itself. according to soerjono soekanto, law enforcement does not merely mean the implementation of laws, although in reality in indonesia the tendency is so, so that the notion of law enforcement is so popular, besides that there is a strong tendency to interpret law enforcement as the implementation of judges’ decisions.64 64 soerjono soekanto, faktor-faktor yang mempengaruhi penegakan hukum, jakarta, pt raja grafindo persada, 2014, pp. 7-8. a. bahari 158 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) the main problem of law enforcement lies in the factors that might influence it. these factors have a neutral meaning, so that the positive or negative impact lies in the contents of these factors as follows65: 1) the legal factor itself, which in this case is the law 2) law enforcement factors, namely parties directly involved in the field of law enforcement, which includes not only law enforcement, but also peace maintenance 3) facility factors or facilities that support law enforcement, including human resources who are educated and skilled, good organization, adequate equipment, sufficient finance and so on. if these things are not fulfilled, then it is impossible for law enforcement to achieve its objectives 4) community factors, namely the environment in which the law applies or is applied. law enforcement comes from society, and aims to achieve peace in society; and 5) cultural factors, as a result of work, creativity, and taste based on human initiative in social life. legal culture (system) basically includes the values that underlie applicable law, values which are abstract conceptions of what is considered good (so that it is followed) and what is considered bad (so that it is avoided). based on the interview with mr. jaya saputra, it was explained that the factors that influence immigration law enforcement include66: 1) the legal factors are: a. the lack of clarity in the immigration law which regulates how to implement administrative actions and criminal sanctions in the event of violations and crimes in law number 6 of 2011 concerning immigration. because in law no. 6 of 2011 on immigration, the application of administrative sanctions can be applied to all types of law violations in law no. 6 of 2011 on immigration, except for victims of trafficking and people smuggling. in addition, foreigners who commit immigration violations or crimes will be included in the immigration detention center while being processed in the criminal justice system, after undergoing the criminal justice system process the convicted person will be in detention again and then will be deported. b. lack of synergy between national and international institutions such as unhcr for law enforcement for foreigners who enter illegally, but claim to be asylum seekers, immigration officials should coordinate 65 ibid. 66 results of interview with mr. jaya saputra, s.h, as head of sub directorate of immigration and deportation detention, december 17, 2018. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 159 with unhcr to find out whether the foreigner is considered as an asylum seeker or not, when this foreigner declares himself an asylum seeker, so the foreigner will receive a refugee certificate which is a very long process without any time limit on how long the certificate from unhcr can be issued. c. he maximum detention limit for 10 years is considered too long which has the potential to make full the immigration detention center. d. after march 15, 2018, part of international for migration (iom) assistance to the indonesian government was stopped so that there was a shortage of budget for enforcement of the immigration law. 2) the law enforcement factors include: a. foreigners with sufficient finances when committing violations and crimes in law number 6 of 2011 concerning immigration will use a lawyer to split up their clients and this tends to hinder the legal process at immigration because lawyers try to bribe immigration ppns so that the case can be resolved at outside the legal process. b. the united nations high commissioner for refugees (unhcr) easily grants status to foreign nationals seeking asylum, for example nigerian citizens entering indonesia legally into indonesia then deliberately dispose of their citizens' documents and complain to the united nations high commissioner for refugees (unhcr) ) to seek asylum, after being granted asylum seeker status, they will stay in indonesia indefinitely. in addition to the factors above, of course immigration innovation is also a determining factor for the success of law enforcement in indonesia, immigration innovation in indonesia can vary depending on each region, but in general these innovations are as follows67: 1. expansion of providing electronic passports at 18 immigration offices with the aim of providing certainty of service to applicants. 2. the directorate general of immigration simplifies licensing for foreign workers through the one single submission (oss) service in collaboration with the ministry of manpower. so, as to produce a very simple and efficient process in response to the direction of the president of the republic of indonesia to the immigration ranks. 3. implementation of the qr code system at 5 immigration checkpoints, the qr code used is an effort to improve the facilities and infrastructure used 67 dylan aprialdo rachman, “menkumham puji 6 terobosan ditjen imigrasi”, https://nasional.kompas.com/read/2019/01/28/10063631/menkumham-puji-6-terobosanditjen-imigrasi, accessed on 2 april 2019 https://nasional.kompas.com/read/2019/01/28/10063631/menkumham-puji-6-terobosan-ditjen-imigrasi https://nasional.kompas.com/read/2019/01/28/10063631/menkumham-puji-6-terobosan-ditjen-imigrasi a. bahari 160 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) by immigration officials in carrying out the surveillance process in the field, 4. facilitating residence permits for foreign investors who wish to invest in indonesia. 5. the class ii karawang immigration office made a new breakthrough by making the indonesian immigration mobile book (immobook) application. this is to make it easier for the public to access information, from service procedures to immigration regulations to public services. people only need to download this application using a smartphone. 6. immigration service means that there is a maximum time certainty of 1 hour for people who will make passports, also the foreigner mapping system (sistapora).68 7. the online visa application assists foreigners in obtaining a visa approval letter as the basis for indonesian representatives abroad to issue visas for foreigners.69 8. online residence permit applications began to be applied on 19 november 2017 and can be accessed by foreigners applying for a residence permit in indonesia.70 9. applications for services but also supervision of foreigners living in indonesia. people who know the presence of strangers in the vicinity, whether at the inn or at home, can report through the foreigner reporting application at the address apoa.imigration.go.id/poa. people who own hotels, inns, or individuals, please report the whereabouts of foreigners through apoa directorate general of immigration. jadia assists officers in recording foreigners living in indonesia.71 according to dilan, that criminal sanctions certainly require costs and a long time as well as a convoluted bureaucratic process, ideally using administrative sanctions measures as a practical effort and is still in the corridor of immigration law enforcement, because immigration administrative actions can have quite a good effect. with a fast process by 68 terobosan imigrasi depok dinilai kreatif, http://mediaindonesia.com/read/detail/53770terobosan-imigrasi-depok-dinilai-kreatif, accessed on 2 april 2019 69 dirjen imigrasi ri, imigrasi luncurkan inovasi layanan keimigrasian berbasis teknologi informasi, http://www.imigrasi.go.id/index.php/en/berita/berita-utama/1499imigrasi-luncurkan-inovasi-layanan-keimigrasian-berbasis-teknologi-informasi, accessed on 2 april 2019 70 ibid. 71 ibid. http://mediaindonesia.com/read/detail/53770-terobosan-imigrasi-depok-dinilai-kreatif http://mediaindonesia.com/read/detail/53770-terobosan-imigrasi-depok-dinilai-kreatif http://www.imigrasi.go.id/index.php/en/berita/berita-utama/1499-imigrasi-luncurkan-inovasi-layanan-keimigrasian-berbasis-teknologi-informasi http://www.imigrasi.go.id/index.php/en/berita/berita-utama/1499-imigrasi-luncurkan-inovasi-layanan-keimigrasian-berbasis-teknologi-informasi between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 161 carrying out deportation72 and putting the foreigner on the blacklist73 so that the person can no longer enter the indonesian territory. regarding the handling of immigration violations and crimes, whether to use criminal sanctions or immigration administrative sanctions, all are submitted to the immigration officer discretion to determine it.74 when immigration will give administrative sanctions in the form of deportation to foreigners who do not carry official documents when entering the territory of indonesia. if there are foreigners as asylum seekers, they will be offered by the immigration authorities whether to be repatriated or remain in indonesia, or be placed in a third country such as australia, canada, etc. if you have special skills, it will be an added value to be able to work in a third country. for example, in malaysia, the idps can work in oil palm plantations etc.75 meanwhile, according to komang, that enforcement of the immigration law sometimes experiences obstacles due to lawyers who complicate the immigration legal process who want to resolve cases outside the legal process and for sanctions that are often applied is deporatation.76 from the explanation above related to the factors that influence law enforcement above, the author argues that the factor of law enforcement in the immigration law occurs in the dimension of its own legal factors, which in this case is the law where the application of criminal sanctions and administrative sanctions fully submitted to immigration officials, law enforcement factors, namely parties who are directly involved in the field of law enforcement which not only includes law enforcement, but also peace maintenance, in terms of advocates also becomes an obstacle in enforcing the immigration law, and lack of coordination with international institutions such as unhcr for the affairs of foreigners who claim to seek asylum when entering indonesia without bringing legal documents. immigration officials have not been able to impose legal sanctions before the confirmation of the status of unhcr. 72 article 1 point 36 of immigration law emphasized that deportation is the act of forcibly removing foreigners from indonesian territory.) 73 article 1 point 29 states, deterrence is a prohibition against foreigners from entering indonesian territory based on reasons of immigration. (see indonesia, law number 6 year 2011 concerning immigration, state gazette of the republic of indonesia, year 2011, number 52) 74 results of an interview with mr. dilan, as the head of the sub-directorate for immigration enforcement on january 29, 2019. 75 ibid. 76 results of an interview with mr. komang as head of subag of the directorate of immigration investigation of the republic of indonesia, on january 29, 2019. a. bahari 162 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 3. application of ultimum remedium principle in immigration crime a) nature of the ultimum remedium principle the principle of ultimum remedium was first used by the dutch minister of justice, namely mr. modderman in front of the parliament of the netherlands, in response to a statement by one of the mps, mr. mackay, who said that he has failed to find a legal basis regarding the need for a punishment for someone who has committed an offense. minister modderman said that77: “ik geloof dat dit beginsel niet alleen voortduren tusschen de regels te lezen is, maar ook herhaaldelijk, misshien in een anderen vorm wordt uitgesproken. het beginsel is dit: dat alleen datgene mag gestraft worden, wat in de eerste plaats onregt is. dit is eene condition sine qua non. in de tweede plaats komt de eisch er bij dat het een onregt zij, waarvan de ervaring heft geleerd dat her door gene andere middle behoorlijik is te bedwingen. de straf moet blijven een ultimum remedium. uit den aard der zaak zijin aan elke strafbedreiging bezwaren verbonden. lader verstanding mensch kan di took zonder toelichting wel begrijpen. dat wil niet zeggen dat men de strafbaarstelling achterwege moet laten, maar weld at men steeds tegenover elkander moet wegen de voordelen en de nadelen van de strafbaarstelling, en toezien dat niet de straf worde een geneesmiddel erger dan den kwal.” i believe that this principle can not only always be read in regulations, but also repeatedly pronounced, although it may be in other forms. this principle is that what is punishable is first of all violations of the law, which according to experience cannot be done away with by other means. this punishment should be a last resort. basically, there are objections to every threat of punishment. however, this does not mean that we should ignore the determination of when a person can be punished, but it is true that there one has to make judgments about the advantages and disadvantages and must keep the punishment really a curative effort and not make the disease worse. andi zainal abidin also emphasized that ultimum remedium is the last attempt to improve human behavior, especially criminals, and provide psychology so that other people do not commit crimes. criminal law must be an ultimum remedium because the criminal procedure code gives too much 77 smidt, geschiedenis van het wetboek van strafrecht 1891-1892 dan 1900-1901. harlem, p. 17, as cited by p.a.f lamintang, dasar-dasar hukum pidana indonesia, bandung, pt. citra aditya bakti, 1997, pp. 16-17. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 163 power to the police, public prosecutors and judges.78 in line with abidin, van bemmalen stated that ultimum remedium has its own place among other laws and must be interpreted as an effort (middel), not as a tool to restore injustice or recover losses, but an effort to restore an uneasy situation in society, which if not done something against that injustice can cause people to take justice into their own hands.79 if the national law system and the national criminal law system have been realized, then the next step is to restore the function of criminal sanctions as ultimum remedium. violation of the law always results in the imposition of sanctions, but the conditions to be developed later concern the question whether it should be in the form of criminal sanctions? if a criminal sanction has been imposed, should it be in the form of a criminal sanction of deprivation of liberty? is there no other way to carry out the crime of deprivation of liberty? it has been said that the applicable criminal law system is a legacy of the classical tradition which views criminal sanctions as retaliation or compensation for someone for their actions that violate the norms of criminal law. in the national law system and national criminal law system that will be formed, a new paradigm must be developed which is characterized by modern or even neo classical sects which view that criminal sanctions are the last tool, as well as criminal sanctions for deprivation of liberty as the last resort. therefore, it is necessary to build a more modern system of criminal sanctions in accordance with the development of social science and humanities.80 if the aspects of justice and benefit take precedence over legal certainty, it means that consciously we have made social welfare the goal of punishment. muladi said that the criminal justice system in the short term aims to conduct resocialization of criminal offenders, medium term in the form of crime control and long term in the form of social welfare. in line with romli atmasasmita's opinion which stated that the founder of the republic of indonesia was not without the aim of forming the 1945 constitution, in addition to forming a framework of thought on the basis of a rule of law, he had also thought deeply about the leitmotive and vision of indonesian law that could create the welfare of the indonesian nation. the failure to achieve this is due to a lack of understanding of the past criminal law makers, who are still guided by criminal events that have occurred (ex 78 andi zainal abidin, asas-asas hukum pidana bagian pertama, bandung, alumni, 1987, p. 16. 79 van bemmelen, ons strafrecht i algemeen deel het materiele strafrecht, groningenz: h.d tjeenk willink, 1971, p. 17, as cited by buku p.a.f lamintang, op.cit., p. 17. 80 muladi, kapita selekta sistem peradilan pidana, semarang, badan penerbit undip, pp. 75-76. a. bahari 164 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) ante), but have not considered the impact of these criminal events by using the principle of maximization, efficiency, and balance (equilibrium). the next consideration is empirical, namely that law enforcers are still based on the parameters of success (output) not based on the parameters of the usefulness of the work of criminal law (outcome).81 based on the above view, it means that there is a meeting point between criminal policies, namely policies or politics to use criminal law in an effort to tackle crime with national development policies to bring prosperity. however, it must be realized that if the use of criminal sanctions is not carried out carefully and cautiously, it will lead to injustice or unfairness. because what is promised by the criminal law sometimes creates a condition that is unwelfare. the nature of unwelfare can take the form of prisonisation, stigmatization and recidivism and individually the punishment imposed can lower human dignity.82 with the principle of ultimum remedium as stated above, unwelfare can be avoided. criminal is only imposed in an urgent situation because there are no other measures that can ensure that norms are upheld. with a note that the application of criminal sanctions still observes the principle of subsidarity, meaning that the judge tries to impose the most lenient criminal sanctions among the available alternatives.83 with the principle of ultimum remedium, it is hoped that it can avoid unwelfare in the law enforcement process. criminal is only imposed in an urgent situation because no other effort can guarantee that norms are upheld. with a note that the application of criminal sanctions still observes the principle of subsidarity, meaning that the judge tries to impose the most lenient criminal sanctions among the available alternatives. the provisions of the positive law of the ius constitutum should be animated by the ideal law or the law that the ius constituendum aspires to. however, in the event that both are not possible, the judge can determine concrete law in concreto in the form of law that applies in fact or in certain cases ius operatum.84 in line with sudarto's opinion that crime can be viewed from three aspects, namely85: 1. criminal law which we aspire to or criminal law as ius constituendum 81 romli atmasasmita, op.cit., pp. 1-3. 82 ali zaidan, op.cit., p. 215. 83 ibid., p. 216. 84 ibid. 85 sudarto, hukum pidana dan perkembangan masyarakat, bandung, sinar baru, 1983, p. 31. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 165 2. criminal law that is currently in force, means that which must be applied by the judiciary, or what is called criminal law as the ius constitutum or ius operandum; and 3. criminal law which is actually applied to a concrete act, or criminal law as ius operatum. in this connection, the effect referred to is related to the formation of criminal laws, the criminal code and the current criminal law regulations, and the issuance of decisions in criminal cases. one of the causes of the decline in law enforcement so that marginalized people are processed in court is more due to errors in interpreting the principles of law to be enforced. as a result, the nature of ultimum remedium consciously changes to premium remedium because there is a belief that against violations of social norms, criminal law is a guarantor so that norms are obeyed. without realizing it, the misapplication of the use of this principle has returned the progress of criminal law to the classical direction which uses the means of criminal law according to the principle of the suspect of law, criminal law is used to convict people suspected of threatening the existence of the authority.86 there are several views from the results of the author's interview regarding the extent to which the application of the ultimum remedium principle in law number 6 of 2011 concerning immigration which regulates the application of administrative sanctions and criminal sanctions. according to ziko nunius fernando, that in order to measure the extent to which administrative sanctions and criminal sanctions are applied, it must be seen from the impact of the violations caused whether it is disturbing to the public or not. if this does not bother the public, then administrative measures will be sufficient without criminal sanctions.87 according to the head of the sub directorate of immigration investigation, komang, the immigration administrative sanctions in the form of deportation and deterrence are carried out so that foreigners can no longer enter indonesia, this is the best solution to reduce the number of residents in correctional institutions (lapas), overcrowded immigration detention centers (rudenim) and to reduce the use of the state budget for the immigration case process in the criminal justice system.88 86 ali zaidan, op.cit., p. 354. 87 results of an interview with ziko nunius fernando, s.h., m.h., cil, as an academician from palembang university, on february 21, 2019. 88 results of an interview with mr. komang as head of subag of the directorate of immigration investigation of the republic of indonesia, on january 29, 2019. a. bahari 166 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) b) data of offenders of immigration crimes to find out how to apply the ultimum remedium principle, below will be presented a table regarding the number of foreigners who are subject to criminal sanctions and administrative sanctions in law number 6 of 2011 concerning immigration, from 31 december 2016 to 30 june 2018 throughout indonesia. table 5. data on criminal sanctions in law number 6 of 2011 concerning immigration, from 31 december 2016 to 30 june 2018 throughout indonesia article form of action sanction 2016 2017 2018 total anyone who deliberately enters or leaves the indonesian territory who does not go through the inspection of the immigration officer at the immigration checkpoint. the maximum imprisonment is 1 year and / or a maximum fine of rp. 100,000,000 (one hundred million rupiah). criminal 47 10 4 61 114 (1) corporations, carriers of transportation means entering or leaving the indonesian territory by means of transportation that do not pass through the immigration checkpoint. the maximum imprisonment is 1 year and / or a maximum fine of rp. 100,000.00.00 (one hundred million rupiah). criminal 1 1 116 foreigner does not fulfill his obligations as referred to in article 71. the criminal 157 195 70 442 between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 167 punishment is imprisonment for a maximum of 3 months or a fine of up to rp. 25,000,000.00 (twentyfive million rupiah). 119 (1) foreigners enter and / or are in the indonesian territory who do not have valid travel documents and visas. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). (2) foreigners deliberately use travel documents, but it is known or reasonably suspected that the travel documents are fake or falsified. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). criminal 9 14 14 47 120 (1) every person commits an act aimed at seeking profit, either directly or indirectly, for himself or another person by bringing a person or group of people, whether organized or unorganized, or ordering other people to bring someone or a group of people who are do not have the criminal 1 8 2 13 a. bahari 168 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) right to enter the indonesian territory legally, using either legal or fake documents, or without using travel documents, whether through immigration checks or not. criminal for human smuggling with a minimum imprisonment of 5 (five) years and a maximum of 15 years and a fine of at least rp. 500,000,000.00 (five hundred million rupiah) and a maximum of rp. 1,500,000,000.00 (one billion five hundred million rupiah). (2) attempt to carry out human smuggling as referred to in paragraph 1. the punishment is the same as paragraph (1). 121 b. everyone deliberately uses a fake or falsified visa or entry sign or residence permit to enter or exit or be in indonesian territory. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 10 1 11 122 a. any person or foreigner intentionally abuses or carries out activities that are not in accordance with the intent and purpose of granting the stay criminal 73 23 32 134 between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 169 permit granted to him. b. order or give opportunities to foreigners to abuse or carry out activities that are not in accordance with the intent or purpose of granting the stay permit granted to them. maximum imprisonment of 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). 2 2 2 123 a. any person or foreigner who deliberately gives false or falsified letters or data or information is not true with the intention of obtaining a visa or residence permit for himself or others. criminal 4 4 1 9 124 every person deliberately conceals or protects or provides lodging or provides a living or gives work to a stranger who is known or reasonably suspected: a. being in the territory of indonesia illegally the maximum imprisonment is 2 years and / or a maximum fine of rp. 200,000,000.00 (two hundred million rupiah). b. his residence permit expires the maximum imprisonment is 3 criminal 7 5 1 13 a. bahari 170 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) months or a maximum fine of rp. 25,000,000.00 (twentyfive million rupiah) 126 a. everyone uses ri travel documents to enter or leave the indonesian territory, but it is known or should be suspected that the ri travel documents are fake or falsified. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). b. using other people's ri travel documents or those that have been revoked or declared canceled to enter or leave the indonesian territory or handing over to other people the ri travel documents given to them or belonging to other people with the intention of being used without rights. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). c. everyone provides invalid data or false information to obtain travel documents of the republic of criminal 2 19 4 15 40 between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 171 indonesia for himself or others. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). 129 a. everyone intentionally and against the law makes, owns, keeps or trades stamps or other tools that are used to validate ri travel documents or other immigration documents. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). criminal 1 1 129 everyone intentionally and against the law for the benefit of themselves or others damages, changes, adds, reduces, or removes, partially or completely, the information or stamps contained in ri travel documents or other immigration documents. the maximum imprisonment is 5 years and a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). criminal 4 4 130 everyone deliberately and unlawfully controls travel documents or other criminal 1 1 a. bahari 172 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) immigration documents belonging to other people. the maximum imprisonment is 2 years and / or a maximum fine of rp. 200,000,000.00 (two hundred million rupiah). 136 (1) corporation in the case of a criminal act as referred to in article 114, article 116, article 117, article 118, article 12o, article 124, article 128 and article 129, it is committed by the corporation. criminal imposed on the management and the corporation. criminal 2 2 total 341 273 145 759 the data above is a criminal sanction imposed by immigration officers on offenders in law number 6 of 2011 concerning immigration. from the table above, it can be calculated the number of criminal sanctions imposed by immigration officers from 2016 to 2018 as follows: table 6. total number criminal sanctions on immigaration cases (2016-2018) year type of sanction total 2016 criminal 34 2017 criminal 237 2018 criminal 145 total 759 based on the data above, it can be concluded that from 2016 to 2018 there has been a decrease in the application of criminal sanctions against offender of the immigration law every year. article 116 of law number 6 year 2011 concerning immigration, occupies the position of the most violated each year, as shown on table 7. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 173 table 7. offender of article 116 of law number 6 year 2011 concerning immigration year total 2016 157 2017 195 2018 70 overall, the number of violators of article 116 of law number 6 year 2011 concerning immigration did not decrease with certainty, because in 2016 with a total of 157 (one hundred and fifty) people increased to 195 (one hundred and ninety five) people in 2017 and decreased again. in 2018 with a total of 70 (seventy) people. following data (table 8) explaines on administrative sanctions imposed by the directorate general of immigration throughout indonesia in law number 6 of 2018 concerning immigration. table 8. administrative action on immigration crime cases (20162018) no form of enforcement 2016 2017 2018 total 1 deterrence 1.577 1.696 3.166 6.439 2 stay permit cancellation 9 77 689 775 3 prohibition to be in one or several certain places in the indonesian territory 11 40 88 139 4 requirement to reside in a certain place in indonesian territory 1.455 1.819 1.581 4.855 5 charging of expenses 945 1.042 1.805 3.792 10 deportation 3.929 4.480 4.981 13.390 total 7.926 9.191 11.769 29.390 source: ministry of law and human rights, directorate general of immigration based on the table above, it can be seen that, the number of immigration administration sanctions actions carried out by immigration officers from 2016 to 2018 totaled 29,390 (twentynine thousand three hundred ninety) cases, with administrative actions sanctions every year as follows: 1. in 2016 the number of immigration administrative sanctions measures was 7,926 (aiming for a thousand nine hundred twentysix) people 2. in 2017 the number of immigration administrative sanctions measures was 9,191 (nine thousand one hundred and ninetyone) people a. bahari 174 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 3. in 2018 the number of immigration administrative sanctions measures was 11. 769 (eleven thousand to hundred and sixtynine) people the data above shows an increase in the number of administrative sanctions carried out by immigration officers against violators of law number 6 of 2011 concerning immigration each year has increased. deportation sanctions are the most imposed sanctions each year, as on table 9 below. table 9. number of deportation sanctions year total 2016 7,926 2017 9,191 2018 11,768 total 28,886 from the data presented above, both criminal sanctions and administrative action sanctions can be concluded that from year to year there has been a decrease in criminal sanctions and an increase in the immigration administration sanctions action. table 10. ranking of the top 10 citizens subject to administrative actions in law number 6 of 2018 concerning immigration no country total 1. tiongkok/china 1.542 2. vietnam 890 3. nigeria 630 4. malaysia 550 5. bangladesh 309 6. afghanistan 304 7. south korea 251 8. thailand 244 9. india 212 10. philippines 200 source: directorate general of immigration of indonesia from the data above, it can be seen that the enforcement of immigration law in indonesia with administrative sanctions, prc citizens are the most legal subjects subject to immigration administrative sanctions in 2018, with a total of 1, 542 (one thousand five hundred and forty two) people, and at least 200 (two hundred) philippines citizens. the application of the ultimum remedium principle in the immigration law has begun to be used as a benchmark for immigration law enforcement between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 175 carried out by immigration officials. this can be seen from the decreasing data on criminal sanctions from year to year and the increasing immigration administrative sanctions. the benchmark for the success of implementing the ultimum remedium principle if the sanctions imposed by immigration officials bring prosperity to the people of indonesia. law enforcement must be based on the aim of legal certainty that is just and prosperous which can create a safe, fair, and beneficial climate for community life, both for the community and for the accused and convicted. in principle, criminal sanctions still adhere to the classical criminal principle (plunder), in practice they cannot create a comfortable, fair, and beneficial climate for community life. the impact of criminal sanctions will result in overcrowding of correctional institutions that exceeds the capacity limit and has resulted in sexual harassment, social demoralization and security in prisons, and there has even been an increase in the quality of criminal acts so that it is often called prison is a high school of crime. 4. immigration law enforcement in indonesia a) duties and functions of immigration ppns investigators law enforcement in immigration cases in indonesia faced many problems, one of is the duties of civil servant investigators (penyidik pegawai negeri sipil, hereinafter as ppns) for these crimes. generally, the legal basis for investigating immigration crimes are: 1) law number 6 year 2011 concerning immigration 2) criminal procedure code (kuhap); and 3) government regulation no. 31 of 2011 concerning implementing regulations of law number 6 of 2011 concerning immigration. investigation is a series of actions by an investigator to find and collect evidence, which with that evidence makes clear the criminal act that has occurred in order to find the suspect.89 meanwhile, what is meant by investigators are indonesian national police officers who are at least the rank of assistant second lieutenant police, or certain civil servant officials, who are at least the rank of junior level i (group ii/b) or equivalent, who are given special authority by law to conduct investigations. ppns investigators are appointed by the minister upon the recommendation of the department in charge of the civil servants or officials appointed and authorized by him. the minister of justice before carrying out the appointment, first hears the considerations of the attorney general and 89 republic of indonesia, law number 8 of 1981 concerning criminal procedure law (kuhap), state gazette of 1981, supplement to state gazette number 3209, article 1 point 2. a. bahari 176 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) the head of the indonesian police,90 in relation to the immigration ppns given special authority as an investigator to carry out immigration criminal investigations.91 the authority of civil servant investigators of immigration is an immigration officer who is authorized by law to carry out investigations of immigration crime. immigration officials also form a foreigner supervision team (tim pengawasan orang asing, hereinafter as timpora) in the municipality, district, which helps in providing information about the whereabouts of foreigners so that the immigration as the coordinator in the team can carry out supervision and prosecution in the event of immigration violations or crimes. to support the supervision of foreigners, it requires community participation to play an active role in providing information and socialization in supervising foreigners in their environment. timpora consists of immigration officers, police and military in carrying out their duties, they are required to prioritize their role in timpora and not have sectoral egos.92 in carrying out its functions, ppns immigration is authorized to93: a. receiving a report or complaint from someone regarding a criminal act b. looking for information and evidence c. take the first action at the scene d. ordering someone to stop a suspect and check the suspect’s identification e. carry out arrests, detention, finds, and confiscation f. checking and confiscating letters g. take fingerprints and take a picture of someone h. calling people to be heard and examined as suspects or witnesses i. bring in the necessary experts in connection with case examination j. hold an investigation halt k. conduct other actions according to responsible law in carrying out the investigation process, the immigration ppns coordinates with the indonesian police investigators. evidence for examination of immigration crime in the form of: 1) evidence as referred to in criminal procedural law 2) other evidence in the form of information uttered, sent, and received or stored electronically or equally to those evidences 90 republic of indonesia, government regulation on the implementation of the criminal procedure code, article 2 paragraph 5. 91 indonesia, government regulation number 27 of 1983 concerning implementation of the criminal procedure code, state gazette of the republic of indonesia of 1983 number 3258, article 2 points (a) and (b). 92 okky chahyo nugroho, op.cit., p. 38. 93 republic of indonesia, law number 8 of 1981 concerning criminal procedure law (kuhap), state gazette of 1981, supplement to state gazette number 3209, article 7 paragraph 1. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 177 3) written provisions from authorized immigration officers. in carrying out immigration control of foreigners carried out by94: 1) director general, to carry out supervision 2) immigration at the center 3) head of the regional office of the ministry of law and human rights, to carry out immigration control in the province 4) head of the immigration office, to carry out immigration control in the regency/city or district; and 5) a designated immigration officer or foreign service officer, to carry out immigration control outside the indonesian territory. in order to carry out the function of immigration, immigration officials conduct immigration investigations and immigration security and are authorized95: 1) obtain information from the public or government agencies 2) visiting a place or building where information is suspected to be found regarding the whereabouts and activities of foreigners 3) performing immigration intelligence operations; or 4) safeguarding data and information on immigration and securing the implementation of immigration duties. implementation of immigration law enforcement in accordance with the rule of law in the form of administrative sanctions and criminal sanctions. there are two things under the authority of ppns immigration against violations and crimes in the enforcement of immigration law in indonesia, namely: 1) inclusion in the list of prevention or prevention 2) restriction, change, or cancellation of stay permit 3) prohibition of being in one or several certain places in the indonesian territory 4) the requirement to reside in a certain place in the indonesian territory 5) charging of expenses; and / or 6) deportation from indonesian territory. immigration administrative sanctions in the form of deportation can also be carried out against foreigners who are in the indonesian territory for trying to avoid threats and the implementation of punishment in their home country. the implementation of criminal sanctions is carried out against cases of immigration crime which by the immigration ppns go through a process 94 jazim hamidi & charles christian, hukum keimigrasian bagi orang asing di indonesia, jakarta, sinar grafika, 2016, p. 104. 95 republic of indonesia, implementing regulations for the immigration law a. bahari 178 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) with the fulfillment of formal elements, including the official report of investigation, collection of evidence, stipulating a letter of commencement of investigation, then notification of the police investigator. after all the files are complete, the case files are submitted to the public prosecutor through the police investigators, then the police investigators review the case files and if there is insufficient evidence they will be returned to the immigration service. submission of case files is accompanied by submission of the suspect and evidence, then awaits the prosecution process by the public prosecutor and the judicial process to decide whether the defendant is guilty or not and the type of sentence imposed. for foreigners who have been convicted by the court and have served their sentences, the foreigner is handed back to the immigration for deportation. while waiting for the deportation process, the foreigner is placed at the immigration rudenim. the deportation process includes completeness of travel documents, return tickets to countries of origin and so on. if the foreigner is finished in deportation, the immigration law enforcement process is finished through the judicial process. the period of investigation until the court verdict takes approximately 3 (three) months.96 according to komang, as the head of the sub directorate of immigration investigation. in law enforcement if there are violations and crimes in the immigration law committed by a foreigner, ppns immigration will coordinate with the embassy where the foreigner comes from, while waiting for the deportation process, if the foreigner wants to get refugee status, the immigration will wait for the process to be carried out by the united nations high commissioner for refugees (unhcr) the time for the verification process is uncertain.97 a similar view is in line with the opinion of the associate external relations officer who stated that the verification process carried out by unhcr is in the form of98: 1) registration 2) schedule an in-depth interview process accompanied by a translator who will help the communication process 3) review, the results of the interview will be examined to determine whether the asylum seeker meets the criteria as a refugee based on the 1951 convention. 96 okky chahyo nugroho, op.cit., p. 32 97 interview results with komang, s.h., m.h., as head of the indonesian immigration investigation sub-directorate 98 results of interviews with mitra salima suryono, as unhcr associate external relations. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 179 if the requirements fulfiled, the foreigner gets the status as a refugee, and if he does not meet the requirements, the foreigner has the right to appeal 1 time to repeat the process. if his asylum request has been rejected twice, the foreigner will be returned to immigration and immigration can take immigration action. in enforcing immigration law, according to the head of sub directorate of immigration investigation of the republic of indonesia, komang that there are factors that hinder the process of enforcing the immigration law: 1) the legal factor itself in article 75 paragraph 1 which gives discretion to immigration officers as administrative officials to determine whether to use the application of administrative sanctions or criminal sanctions in violations or crimes in the immigration law 2) the existence of a legal loophole in the immigration law makes the foreigner legal person able to make efforts to resolve cases outside the immigration legal process 3) foreigners who enter indonesia deliberately throw away their official documents and apply for asylum at the united nations high commissioner for refugees (unhcr) to delay the legal process. furthermore, at this point, author emphasized that the problem here is that there is no clear provision on how long it will take to verify refugee status for foreigners who apply for refugee status by the united nations high commissioner for refugees (unhcr) until the issuance of refugee status. so, there must be an internal regulation of the united nations high commissioner for refugees (unhcr) related to this arrangement so that these illegal immigrants are not in detention centers without clear legal certainty. the factors that cause immigration officers to use administrative and criminal sanctions are due to their own legal factors in article 75 paragraph 1 which gives discretion to immigration officers as administrative officials to determine whether to use administrative sanctions or criminal sanctions in violations or crimes in the immigration law. it is necessary to consider the impact of the violations and crimes committed, the author agrees with prof. romli atmasasmita's view which states that aspects of justice and benefits must take precedence over legal certainty so that consciously we have made social welfare the goal of punishment. affirmed by prof. muladi said that the criminal justice system in the short term aims to conduct resocialization of criminal offenders, medium term in the form of crime control and long term in the form of social welfare. a. bahari 180 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) of course it is very clear that imposing administrative or criminal sanctions needs to be studied in more detail, because the imposition of crimes can have an impact on overcrowded institutions, the costs of each case that are processed in the criminal justice system that are borne by the state, an increase in the quality of criminal acts is often called imprisonment. is a high school crime in the process of socialization in prisons and resulting in sexual harassment and social demoralization. nevertheless, it must be clear that the benchmarks for when administrative sanctions and criminal sanctions can be applied must be based on the aim of legal certainty that is just and prosperous which can create a safe, just and beneficial climate of community life for both the community and the accused and convicted. below will be presented data related to the application of administrative and criminal sanctions immigration handled by immigration officers from 2016 to 2018 throughout indonesia: year total type of enforcement 2016 341 projustitia 2017 237 projustitia 2018 145 projustitia total 759 from the data above, it can be concluded that the application of criminal sanctions has decreased every year. data from 2016 to 2018 shows an increase in the number of administrative sanctions in the form of prevention/cancellation, cancellation of residence permits, restrictions on being in certain places, detention, imposition of burdens and deportations by immigration officers against violators of the immigration law: year number of administrative actions 2016 6.729 2017 9.191 2018 11.769 from the data above, it can be concluded that there is an increase in administrative sanctions every year. administrative sanctions in the form of deportation are the most sanctions imposed each year. so, it can be concluded that from year to year there has been a decrease in criminal sanctions and an increase in the immigration administration sanctions action. in the immigration criminal law process carried out by the immigration ppns, it will coordinate with the police investigator, the attorney general's office and the panel of judges will issue a verdict on the between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 181 accused. foreigners who have been convicted by the court after undergoing their sentence will be handed back to the immigration for the deportation process, while waiting for the deportation process, these foreigners will be included in the immigration detention center. 5. handling of immigration crime in indoneisa a) cases of immigration law violators data on asylum seekers and refugees as of september 30, 2018 were 2,904 (two thousand nine hundred four) asylum seekers and 10, 929 (ten thousand nine hundred and twentynine) refugees. if classified based on gender, the number for men is 9,525 (nine thousand five hundred and twentyfive) people and the number of women is 4,308 (four thousand three hundred eight). there are 30 foreigners as asylum seekers and refugees who entered the state of indonesia for the period of september 30 2018, consisting of 1,522 asylum seekers in immigration detention centers (one thousand five hundred and twenty two), living in indonesia independently with personal expenses of 5,145 (five thousand one hundred and forty five) people and asylum seekers and refugees who are in the community house as many as 7,166 (seven thousand one hundred and sixty six) people. the number of foreigners who enter indonesia by air, land and sea, on the grounds of seeking asylum legally and illegally for the 2016-2018 period (as of june 2018) are as follows: year illegal legal total 2016 209 13.982 14.191 2017 275 13.428 13.703 2018 87 13.842 13.929 based on the data above, it can be classified based on what instruments are used by foreigners to enter indonesia. foreigners seeking asylum legally come to indonesia by air (plane), land (car) and sea (ship). meanwhile, those who enter illegally are those who enter in groups by water and enter without official documents. become a new challenge for immigration law enforcement. because in practice foreigners who enter indonesia without carrying complete documents and declare themselves as asylum seekers without the support of evidence owned by foreigners, the immigration officer will bring foreigners who enter illegally to rudemim as a temporary shelter for foreigners who subject to immigration administrative sanctions. it becomes interesting when foreigners who have been subject to immigration administrative sanctions a. bahari 182 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) in the form of detention declare themselves as asylum seekers and must undergo the legal process in the criminal justice system and are subject to criminal sanctions. in addition, there was a tragedy on march 15 2018 where the international organization for migration (iom) which is an international organization that deals with refugees, the international organization for migration (iom) has stopped some of its financing for asylum seekers in indonesia, this makes asylum seekers have to wait their legal process at the immigration detention center even though immigration has issued a letter of the director general of immigration number imi-um.01.01-2827 dated july 30, 2018 regarding the return of rudenim functions that cannot be occupied by asylum seekers. however, due to budget cuts from the international organization for migration (iom), the refugees remain in the detention center's house. another problem that then arises when the process carried out by the united nations high commissioner for refugee (unhcr) to issue a refugee letter does not have a minimum limit when the statement is issued. for example, in the case of besmillah qasemi and shaqera qasemi who entered indonesia illegally without carrying documents, then they were criminally processed by immigration officers to make it easier to see the problem of enforcement of immigration law as a whole, the authors analyzed 3 (three) district court decisions. 1) the case of shaqera qasemi shaqera qasemi, who is an afghan national, has committed a criminal act of immigration due to entering indonesia without a travel document, as a result of this incident the defendant was legally processed and underwent a judicial process at the tangerang district court. tangerang district court decision: a. state that the defendant shaqera qasemi has been legally and convincingly proven guilty of committing a criminal act “in the immigration midwife”. b. imposing a sentence against shaqera qasemi with imprisonment of 1 (one) month c. sentencing the defendant to pay a court fee of rp. 5,000.00 (five thousand rupiah). 2) the case of besmillah qasemi bemillah qasemi is a foreign national from afghanistan who was detained by the soekarno hatta airport immigration officer for not carrying between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 183 travel documents. as a result of his actions, the ppns immigration investigator charged the defendant with article 116 jo article 71 letter b for not carrying out his obligations in the form of carrying travel documents. after an examination was carried out in a trial at the court, the panel of judges examining the case gave a decision to the defendant in the form of: a. to declare that the defendant, besmillah qasemi, has been legally and convincingly proven guilty of committing a criminal act “in the immigration sector” b. imposing the defendant besmilla qasemi with imprisonment for 1 (one) month; and c. sentencing the defendant to pay a court fee of rp. 5000.00 (five thousand rupiah). the verdict handed down by the panel of judges at the tangerang district court was lighter than the demands of the public prosecutor, namely 2 months in prison. previously, in his testimony as an expert, ahmad sofian, gave his comments at the trial: "that the conviction of a defendant should be taken as an ultimum remedium to avoid double criminalization of double jeopardy because article 75 of law number 6 year 2011 concerning immigration regulates various forms of administrative action that can be implemented in advance, such as detention currently being applied to the accused. whereas after being detained for a certain time and the defendant still has to be convicted, this according to the expert is a form of double criminalization which is contrary to the principle of double jeopardy (imposing sanctions more than once for the same violation). in criminal law to uphold the principle of ultimum remedium, this case should not be continued until the court stage or at least the defendant needs to be declared free from various lawsuits because he has imposed an immigration administrative action in the form of a previous detention." in his consideration the judge gave consideration to the statements of the above experts: "that the placement of the defendant in the immigration detention center has been regulated in law no. 6 of 2011, and cannot be viewed as a crime for someone, placing someone in the immigration detention room is only a temporary shelter due to administrative actions and not for implementing a court decision, that the double jeopardy principle is not known in indonesian law, because indonesian law only analyzes the a. bahari 184 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) principle nebis in idem as stipulated in article 76 of the criminal code, however, placing a person in the detention room and finally being sentenced to a sentence cannot be considered that a person has been sentenced twice in the same case, because a person is said to have served a sentence only if he has implemented the verdict as a result of being sentenced. the sentence based on a court decision which has legal force remains in the same case " according to the head of the sub-directorate of immigration and deportation detention, jaya saputra, that detainees who serve a longer period of detention than court decisions are an issue that has yet to be resolved, as a result of detention regulations not regulated in the criminal procedure code. the state must pay if the detainee is serving a longer detention period than the unhappy court ruling. 3) case of rabie abderahmad ayad rabie abderahmad ayad, lebanese nationality has been arrested and later detained by the bali regional police based on the red notice issued by the united states government in the context of the prosecution process in the united states, rabie abderahmad ayad has served 342 (three hundred and forty two) days in detention, as a result there is a request for extradition from the united states government. denpasar district court preliminary decision number 3 / pid.pra / 2019 / pn dps: in exception 1. reject the respondent's exception in the subject of the case 1. reject the petitioners' pretrial petition 2. to charge the petitioner a nil amount the main problem is related to the submission of pretrial due to the detention carried out by the respondent (bali regional police) on april 19, 2018, having violated the time of period specified in law number 1 of 1979 concerning extradition. the legal considerations of the denpasar district court judge in the decision stated that: 1) extension of detention is valid and based on law at the request of us law enforcers in the form of red notice control and facsimile news from the head of the national police international relations division number: nbc-div hi / fax / 715 / iv / 2018 dated 17 april 2018; 2) whereas based on article 19 paragraph (2) and (3) law number 1 year 1979 concerning extradition, that the issuance of an order to arrest and between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 185 or detain someone who is requested to be extradited is carried out based on the provisions of the indonesian criminal procedure code, and deviating from the provisions of the applicable indonesian criminal procedure code, those who commit extraditable crimes under this law may be subject to detention; 3) article 25 stipulates that if the crime is a crime which is subject to detention according to the indonesian criminal code and the provisions referred to in article 19 paragraphs (2) and (3) and a request for detention is submitted by the requesting country, the person is subject to detention; 4) terms for extension of detention in article 35 paragraph 2 of law number 1 year 1979 concerning extradition, the period of detention as referred to in article 34 letter (b) can be extended each time up to 30 (thirty) days. extension can only be done if: a. the absence of a court order regarding extradition requests b. information is required by the minister of justice as referred to in article 36 paragraph (3) c. other countries have also requested extradition and the president has not yet made a decision d. the request for extradition has been granted, but cannot yet be implemented 5) the conditions for extension of detention in article 35 paragraph (2) above are not cumulative in nature, but are alternative in nature, so that if one of these conditions is met, then an extension of detention can be carried out, as in detention in this case, against a request for extradition by the petitioning state has not yet received a court order, so the detention of the petitioner (extradition respondent) can be extended based on article 35 paragraph (2) letter a above based on the testimony of expert eva achjani zulfa basically explains the following: 1) referring to law number 1 of 2006 concerning reciprocal legal assistance in criminal matters (mla law), the spirit of case handling based on the mla law is a speedy trial which refers to a widely agreed norm, namely the due process of the law which also outlined in the criminal procedure code as the principle of speed, simplicity and low cost 2) whereas based on the optional protocol of the convention against torture (cat), an extension of detention can only be carried out at the request of the requesting country because prolonged detention for too long is a form of torture or torture a. bahari 186 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 3) whereas based on the provisions of article 21 of the extradition law linked to the convention against torture, if the period of detention is about to expire and the country requesting extradition cannot provide sufficient reasons for the extension of the detention in question, then the detained person must be released by law 4) whereas the word "every time" in article 35 paragraph (1) of the extradition law if it is translated as extendable for more than 1 (one) time it will be contrary to the principle of due process of the law 5) whereas if the word "every time" in article 35 paragraph (1) of the extradition law is translated as can be extended more than 1 (one) time, then: (1) a request for an extension of detention must be at the request of the requesting state; and (2) there must be a strong reason for requesting an extension of the detention 6) based on the provisions of article 35 jo. article 21 of the extradition law, for legal subjects whose extradition documents have not been completed, the state must immediately determine the status of such legal subjects, the provisions of article 35 jo. article 21 of the extradition law, the prosecutor's office is given the authority to apply for an extension of detention to the district court at the request of the requesting country 7) the period of detention for 350 days is too long, and the state must confirm the status of the detained person as soon as possible 8) yes, it should be released first, and if you really want to be detained, then the detention should be continued, of course, a new procedure, a new process, not then basing that authority on a single act that is actually without authority, so administratively when we talk about law number 30 of 2016 concerning government administration, it is already a maladministrative act. according to the author, agree with the opinion of expert eva achjani zulfa, based on article 34 letter (b) of the extradition law states that a detention ordered under article 25 is revoked, if it has been running for 30 days unless it is extended by the court at the request of the prosecutor. article 25 states that: if the crime is a crime which is subject to detention according to the criminal procedure code of the republic of indonesia and the provisions referred to in article 19 paragraph (2) and (3) and a request for detention is submitted by the requesting country, the person is subject to detention. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 187 article 19 states that: (1) the request for detention shall be submitted by the competent authority of the requesting country to the chief of police of the republic of indonesia or the attorney general of the republic of indonesia through interpol indonesia or through diplomatic channels or directly by post or telegram. (2) arrangement of an order to arrest and or detain a person concerned is carried out based on the provisions in the indonesian criminal procedure code, unless otherwise stipulated as provided in paragraph (3). (3) deviating from the provisions of the applicable indonesian criminal procedure code, those who commit crimes that can be extradited under this law may be subject to detention. according to the author, based on the formulation of the article above, detention can be extended if there is a request for detention from the requesting state. in this case the new extradition documents were sent by the united states government on 11 february. this means that the extension of detention should only be carried out after february 11, based on the new extradition documents received by the ministry of law and human rights of the republic of indonesia and have been declared to have met the requirements and requests for extradition from the united states government for the person concerned has received approval from the president of the republic of indonesia so that the extradition process of the subject can be implemented on february 11, 2019. based on article 21: in the event that the person concerned is detained, the person is released by the attorney general of the republic of indonesia or the chief of police of the republic of indonesia if the time deemed sufficient since the date of detention, the president through the minister of justice of the republic of indonesia does not accept the extradition request along with the documents as referred to in article 22. from the requesting country. article 22 states that: (1) a request for extradition will only be considered if it meets the requirements as mentioned in paragraph (2), paragraph (3), and paragraph (4). (2) a letter requesting extradition must be submitted in writing through diplomatic channels to the minister of justice of the republic of indonesia to be forwarded to the president. (3) a letter requesting extradition for a person whose extradition is requested to serve a sentence must be accompanied by: a. bahari 188 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) a. original sheets or authentic copies of court decisions in the form of convictions that already have definite legal force b. information needed to determine the identity and nationality of the person requested for extradition c. original sheet or authentic copy of the detention warrant issued by the competent authority of the requesting country. (4) a letter requesting extradition for a person suspected of committing a crime must be accompanied by: a. original sheet or authentic copy of the detention warrant issued by the competent authority of the requesting country b. description of the crime for which extradition is requested, stating the time and place where the crime was committed, accompanied by the necessary written evidence c. the text of the legal provisions of the requesting country which is violated, or this is not possible, the content of the law being applied d. witness statements under the sumaph regarding their knowledge of the crimes committed e. information needed to determine the identity and nationality of the person requested for extradition f. request for confiscation of evidence, if any and needed. the author also agrees with expert eva achjani zulfa, who states that if the provisions of article 21 of the extradition law are linked to the convention against torture, if the period of detention has ended and the country requesting extradition cannot provide sufficient reasons for the extension of the detention in question, then the person who being detained must be released by law, so the existence of prolonged detention that is too long without legal certainty is a form of torture or torture. whereas according to the author, this problem will be resolved quickly, simply and at low cost if it is resolved in coordination with the immigration officer, in which article 13 paragraph (1) letter (h) of law number 6 of 2011 concerning immigration that immigration officials refuse foreigners to enter indonesian territory in the event that the foreigner is included in the list of wanted persons to be arrested from a foreign country. article 13 paragraph (2) also confirms that foreigners who are refused entry as intended in paragraph (1) are placed under temporary supervision awaiting the return process concerned. it is emphasized in article 75 paragraph 3 that immigration measures in the form of deportation can also be carried out against foreigners who are in the territory of indonesia for trying to avoid threats and the implementation of punishment in their home country. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 189 the author sees that to resolve this case so that it can be resolved quickly, simply and at low cost without the existence of a long detention, the indonesian police should coordinate with immigration officers regarding the process of deportation of foreigners in this case. the author analyzes 2 (two) decisions of the tangerang district court number 01 / pid.s / 2018 / pn.tng and decision number 02 / pid.s / 2018 / pn.tng on the basis that these 2 (two) decisions are cases similar to the same charges are charged with article 116 jo article 71 letter b of law number 6 of 2011 concerning immigration: every foreigner who is in the territory of indonesia is obliged to show and submit travel documents or stay permits in his possession if requested by the immigration officer on duty in the framework of immigration control. if he does not violate, he will be punished with a maximum imprisonment of 3 (three) months or a maximum fine of rp. 25,000,000.00 (twentyfive million rupiah). the verdict of the panel of judges in these two cases imposes a 1 (one) month imprisonment. however, one of the judges in one of the decisions number 02 / pid.s / 2018 / pn tng expressed a different view from the other judges (dissenting opinion). member judge ii edy purwanto, stated that based on article 13 paragraph 3 and article 20 paragraph 3 of presidential regulation number 125 of 2016 concerning handling of refugees from abroad, which states that if there are foreigners who claim to be refugees, the immigration detention center officials coordinate with the un through the office of the high commissioner for refugees in indonesia (unhcr), of course, means that the foreigner must first determine his status, whether as a refugee or not, which will be used as a reference for the next step in the process. if, this provision is violated / not carried out, the case handling procedure is flawed. the prosecutor's demands must be declared unacceptable. according to mitra salima suryono as associate external relations / pi officer of the united nations high commissioner for refugees (unhcr) stated that regarding foreigners who enter indonesian territory without official documents such as a passport, if the foreigner declares that he wants to seek asylum, it will be allowed entry into indonesia based on presidential regulation number 125 of 2016 concerning handling of refugees from abroad, regardless of whether foreigners have documents or not, it should be directed to the united nations high commissioner for refugees (unhcr) to determine their status. if the determination of the status is obtained a. bahari 190 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) information that the person is a refugee, then it is permissible to stay in indonesia for a long time. the residence permit will not be a problem in accordance with the regulation of the director general of immigration 2016. however, if after the status of the unhcr has been determined the foreign person is not a refugee, then it can be processed by the immigration authorities in accordance with the immigration law as illegal immigrant. according to paulina as the protection associate of the united nations high commissioner for refugees (unhcr), the foreigner who has the status of a refugee will immediately find a solution by the united nations high commissioner for refugees (unhcr) with several long-term options: 1. repatriation when the conflict in the country has ended 2. if any third country is willing to accept their arrival if these two options have not been achieved, the united nations high commissioner for refugees (unhcr) will provide solutions, for example preparing refugees for their future, including the obligation to provide assistance in the form of accommodation, education, food, medical. the united nations high commissioner for refugees (unhcr) partners with iom, jrs, dompet dhuafa in helping refugees. for foreigners who enter detention, if they have obtained the status of a refugee, then the united nations high commissioner for refugees (unhcr) will provide a certificate to the detention center stating that the person concerned already has refugee status. immigration with cooperatives to free the refugee if accommodation is provided if they have been released from detention. the problem is the issuance of the long refugee status and the limited process of accommodation, which can provide accommodation in the form of a place to live for refugees, if accommodation is available, usually immigration will release the related refugee as long as there is status from the united nations high commissioner for refugees (unhcr) and accommodation that has been provided. that is why the asylum seekers or refugees are detained in detention centers for longer. according to paulina, in this case, the asylum seeker has been undergoing detention for 3 (three) months and was sentenced to imprisonment by the panel of judges for 1 (one) month. the united nations high commissioner for refugees (unhcr) believes that asylum seekers should not be convicted if it is based on a presidential decree. immigration when they find out that someone is looking for asylum, immigration should coordinate with the united nations high commissioner for refugees (unhcr) and the united nations high commissioner for refugees (unhcr) to carry out the registration process. between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 191 according to the author that should be in cases involving foreigners entering indonesian territory and declaring themselves as asylum seekers or refugees, immigration officials must first coordinate with the united nations high commissioner for refugees (unhcr) to determine the status of foreigners, whether they are true asylum seekers. or not. if the united nations high commissioner for refugees (unhcr) has issued a letter prohibiting that the foreigner is not a refugee then he will be subject to administrative sanctions or criminal sanctions in the immigration act, in accordance with the provisions of article 13 paragraph (3) of presidential regulation no. 125 2016 concerning the handling of refugees from abroad which states that: "in the event that there are foreigners who claim to be refugees, officials of the immigration detention center coordinate with the united nations through the office of the high commissioner for refugees in indonesia." the factors that influence the enforcement of the immigration law in indonesia include: 1. law enforcement factors: a. namely the parties who are directly involved in the field of immigration law enforcement lack of coordination with international agencies such as unhcr for foreigners who claim to seek asylum when entering indonesia without carrying legal documents. this is because immigration officials have not been able to provide legal sanctions before the status of unhcr is confirmed. b. the flight time of the refugee status from unhcr has not been regulated so that the immigration officer cannot do the deportation because it will violate the principle of non-penalty. 2. in the author's view that the action of the immigration officer placing the defendant in the detention house will have an overcrowded impact in the immigration detention center, and the immigration official's policy of placing foreigners who are placed in the immigration detention center for a certain time and still have to be criminalized, this is a form of double criminalization which is contrary to the double jeopardy principle (imposing sanctions more than once for the same offense) in criminal law. to uphold the principle of ultimum remedium and double jeopardy in criminal law, the application of administrative sanctions in the form of deportation and deterrence is a good solution for immigration law enforcement because of its fast nature without going through a criminal justice process. a. bahari 192 indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) decision number 3 / pid.pra / 2019 / pn dps, with the defendant rabie abderahman ayad a lebanese citizen. the author agrees with expert eva achjani zulfa, who states that if the provisions of article 21 of the extradition law are connected with the convention against torture, if the period of detention has ended and the country requesting extradition cannot provide sufficient reason for the extension of the detention in question, then the person who being detained must be released by law, so the existence of prolonged detention that is too long without legal certainty is a form of torture or torture. whereas according to the author, this problem will be resolved quickly, simply and at low cost if it is resolved in coordination between the police and immigration officials because immigration officers have the authority to refuse foreign citizens who are included in the list of wanted persons to be arrested from a foreign country as regulated in article 13 paragraph (1) letter (h) of law number 6 year 2011 concerning immigration. immigration officials can also carry out immigration control while waiting for the repatriation process concerned based on article 13 paragraph (2) of law number 6 year 2011 concerning immigration. immigration officers can also provide administrative sanctions in the form of deportation as regulated in article 75 paragraph 3 of law number 6 of 2011 concerning immigration. the author sees that the resolution of this case can be resolved quickly, simply and at low cost without the existence of a long detention, so the indonesian police should coordinate with immigration officers regarding the deportation process for foreigners so that the case is not complicated and has deprived the independence of foreigners on this case. d. conclusion this study concludes that, simply by implementing administrative sanctions in the form of deportation and fines will complete the immigration legal process quickly, simply and at low cost and applying relatively high fines can provide benefits to the state, then that is where the benchmark for the principle of ultimate remedium can be applied in the law. number 6 of 2011 concerning immigration. then, the application of administrative sanctions and criminal sanctions can be applied to all violations and crimes in law number 6 of 2011 concerning immigration, except for victims of trafficking and people smuggling. in addition, it must be seen the impact of the violations and crimes that occurred, if the consequences of these crimes or violations between the protection and humanity indonesian journal of advocacy and legal services, vol. 2 no. 2 (2020) 193 were disturbing to the public. then criminal sanctions can be applied, enforcement of immigration law both criminal and administrative is the authority of the discretionary office of immigration officers as administrative officials to provide criminal or administrative sanctions, however, on the other hand due to this great authority immigration officials must also be careful because in terms of application administrative and criminal sanctions actions will be an opening for negotiations for violators of the immigration law with immigration officials. e. acknowledgments author would like to express the thakfullness to all parties supported direct or indirectly to this research, especially immigration office of indonesia and unhcr. author also would like to thank to faculty of law, universitas negeri semarang, especially to indonesian journal of advocacy and legal services. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and/or publication of this article. g. funding none. h. references abidin, a. z. 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you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d06cda2037 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 13 copyright application for students’ work at state vocational high school 1 demak multimedia majors rindia fanny kusumaningtyas1*, sang ayu putu rahayu2, arif hidayat3 1,2,3 faculty of law, universitas negeri semarang, indonesia corresponding email: rindiafannykusumaningtyas@mail.unnes.ac.id abstract: high school (smk) is one of the educational institutions responsible for creating human resources that have skills so that at the time of graduation can develop performance in the world of work. most vocational school students who take multimedia corner where currently have spawned creative works. the existence of law number 28 of 2014 concerning copyright is very important for the existence of legal protection for the copyrighted works of smk students in the multimedia field. because of the importance of understanding copyright and its legal protection. the targets of this activity are students of smk n 1 demak majoring in multimedia, which are expected to develop their potential in finding creative works and knowing their benefits and legal protection. the method used in overcoming problems regarding developing the potential of smk students in creating creative works. so that smk students know the legal protection and benefits of copyrighted works and understand things that can be categorized as copyright works, who has the right to be the copyright holder, and what actions can violate rights in accordance with law number 28 of the year 2014 concerning copyright. the steps taken to address the issues described above are: (1) development or socialization of copyright recognition; dan (2) coaching in developing the potential of vocational school students in creating copyrighted works. keywords: smkn 1 demak students; copyright; multimedia works; legal protection indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 1 (2021): 13-34. doi: 10.15294/ijals.v3i1.42127 submitted: 25 october 2020 revised: 3 march 2021 accepted: 19 april 2021 how to cite: kusmaningtyas, r., rahayu, s. a. p., & hidayat, a. (2021). copyright application for students’ work at state vocational high school 1 demak multimedia majors. indonesian journal of advocacy and legal services, 3(1), 13-34. https://doi.org/10.15294/ijals.v3i1.42127 https://doi.org/10.15294/ijals.v3i1.42127 https://creativecommons.org/licenses/by-nc-sa/4.0/ r. f. kusumaningtyas, et.al 14 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) a. introduction indonesia is a developing country with a rapidly increasing youth population, judging by data on the growth of 15 64 years of age (productive age) of 183.36 million people or 6.51% of indonesia's total population in 2019 which is projected to reach 266.91 million people.1 indonesia also has a dependency ratio of 45.56% of indonesia's population which means that every 100 people of productive age (labor force) have dependents of 46 unproductive populations (ages 0-14 plus the age of 65 and above),2 therefore this productive age population must be provided with adequate life skills. in indonesia, efforts to improve human resources have long been carried out with various innovations in education and training programs. education is a fundamental thing that will sustain the progress of a nation. one of the educational media in indonesia is a formal school built by both the government and private parties as a platform for educators to channel all science materials and information to educated or students. this school was founded with various levels following the growing age of a child in order to be adapted to his content and mindset. indonesia itself stipulates the compulsory study for 12 years with the last level in high school (sma) and/or vocational high school (smk). one of the containers that can directly hone students' skills is through vocational high school (smk) both smk negeri and smk swasta. vocational high school or later called smk is one of the educational institutions responsible for creating human resources that have the ability, skills, and expertise so that graduates can develop performance in the world of work.3 the meaning of this education is spelled out more specifically in government regulation no. 29 of 1990 on secondary education which mentions vocational secondary education is a secondary education that prioritizes the development of students' abilities for the implementation of certain types of work. smk is an educational institution that has the potential to prepare human resources that can be absorbed by the world of work, because applicative theory and practice materials have been given since 1 bappenas, “data statistik kependudukan kementrian perencanaan pembangunan nasional (bappenas),” 2018. 2 katadata, “jumlah penduduk indonesia 2019 mencapai 267 juta jiwa,” 2020. 3 arif firdausi & barnawi, profil guru smk profesional, yogyakarta, ar-ruz media, 2011. copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 15 first entering vocational school, with the hope that smk graduates have the potential according to the needs of the world of work.4 smk itself is developed into various areas of direction that are adapted to the development of the current working area. in this modern era, work related to the digital world is growing rapidly, so it takes human resources that are capable in that. smk also took its role in the establishment of quality human resources by bringing multimedia majors into its education curriculum. multimedia comes from 2 words namely multi and media, multi means a lot and media means intermediary. the whole multimedia sense means the combination or merging of multiple media such as text, audio, video, animation, and images presented in computer use with the help of tools and links resulting in an interesting presentation. multimedia according to robin and linda is a tool that creates dynamic and interactive presentations that combine graphics, text, animation, video, and audio.5 the category in multimedia there are 2 kinds, and that is multimedia communication which is the use of media that has the function of publishing information. in this category the media used are tv, radio, movies, games, music, entertaiment, tutorials, internet, and print media. the second category is multimedia content production which is the use of several different media such as text, animation, audio, video, images (graphics) combined to produce multimedia products such as music, games, movies, entertaiment, and others. in the world of education, especially vocational school, multimedia majors are one of the learning media that combines several elements of media presented in computer media.6 vocational high school students who take multimedia majors have spawned many of their creative works according to what they have learned in vocational high school. from this indirectly students with multimedia majors have become creators of his creation and are entitled to the copyright of his work. copyright under law no. 28/2014 concerning copyright has an exclusive definition of the creator's right that arises automatically based on declarative principles after a creation is realized in tangible form without easing restrictions in accordance with the provisions of the legislation. this law also defines the creator as a person or several people who individually or 4 dwi jatmoko, “relevansi kurikulum smk kompetensi keahlian teknik kendaraan ringan terhadap kebutuhan dunia industri di kabupaten sleman.” jurnal pendidikan vokasi, vol. 3 no. 1, 2013, pp. 1–13. 5 deni darmawan, inovasi pendidikan : pendekatan praktik teknologi multimedia dan pembelajaran online, bandung, pt. remaja rosdakarya, 2014, pp. 47-48. 6 firdausy armansyah, sulton sulton, & sulthoni sulthoni, “multimedia interaktif sebagai media visualisasi dasar-dasar animasi.” jurnal kajian teknologi pendidikan vol. 2, no. 3, 2019, pp. 225–2226. r. f. kusumaningtyas, et.al 16 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) together produce a creation that is distinctive and personal, while the creation is any work created in the field of science, art, and literature produced for inspiration, ability, mind, imagination, dexterity, skill, or skill, expressed in real form. multimedia technology comes with human creative ideas that are almost difficult to separate first, because the two means support and complement each other. creative ideas living in a society with copyright have a very close correlation. creative ideas that are the basis for this creative economy and supported by the rapid growth of technology become one of the mainstays of the nation and the state of indonesia. basis for the birth of a work of copyright7 is no exception for students in vocational high school multimedia major. however, in fact, as vocational students who do not have a widely of other knowledge, their work is often misused by an individual and is taken away from the rights that arise from his creation or it could be that the copyrighted work is only made to become material. assessment at school and being left just like that without any development even though it could be that the work has potential in it, without the protection of the copyrighted work it could be that individuals are not responsible for claiming the work of the smk students then modifying it and using it as a a commercial product for itself without giving rights to the work to the original creator, and multimedia as a product of technology and information development whose media exists in the digital world will be more easily misused without a trace of the perpetrator. eventhough in law number 28 of 2014 concerning copyright already regulates copyright protection in relation to technological and information developments as stipulated in articles 54, 55, and 56 of law number 28 of 2014 concerning copyright, in the end it still remains copyrighted works in digital form are indeed very easy to duplicate and the results of these actions are almost indistinguishable from the original. not only that, people can then make modifications to the copies and distribute them throughout the world at almost no cost. on the one hand, this certainly makes it very easy for almost everyone to violate the copyrights of others on a very large scale, but on the other hand, it is very difficult for copyright owners to detect violations, recognize, or then take legal action.8 7 besar besar, “pengaturan karya cipta multimedia menurut undang – undang nomor 28 tahun 2014,” online article, binus university, 2018. https://businesslaw.binus.ac.id/2018/04/02/pengaturan-karya-cipta-multimedia-menurut-undangundang-nomor-28-tahun-2014/ 8 yusran isnaini, hak cipta dan tantangannya di era cyber space, bogor, ghalia indonesia, 2009, p. 28. copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 17 based on what has been described above, it is stated that the work of vocational high school students with multimedia majors has a large enough potential to become the target of unscrupulous people who abuse it and take the copyright of the students' work. for this reason, it is important for the protection of the copyrighted works of vocational school students in the multimedia field that are adjusted to the provisions of law number 28 of 2014 concerning copyright, so that in the future the creative works of the young successors of this nation can continue to develop their potential without losing their rights. the work of creation for the creator himself. b. method the method used in overcoming problems regarding developing the potential of vocational school students in creating creative works. so that smk students know about legal protection and the benefits of copyrighted works that have been created through coaching or socialization of the introduction of intellectual property, in particular copyright as regulated in law number 28 of 2014 concerning copyright. in this guidance or socialization, it also provides an overview of what must be understood regarding what can be categorized as a copyright work, who has the right to be the creator and what actions can violate rights. the steps taken to address the issues described above are as follows: 1. development or socialization of copyright recognition; and 2. coaching in developing the potential of vocational school students in creating copyrighted works. the working procedures carried out to support the realization of the methods offered are focused on the efforts of understanding vocational high school students in smk n 1 demak multimedia majors which is packaged in several stages namely as socialization and continued discussion and question and answer. c. result and discussion 1. results of activities in this activity the participants or vocational school students majoring in multimedia were very enthusiastic about participating in this community service activity. this service aims to provide an understanding to students regarding the importance of knowledge of copyright and the rights contained in copyright so that after this activity the participants understand and better understand the importance of knowledge related to copyright and in order to r. f. kusumaningtyas, et.al 18 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) develop the potential of smk jrusan students. multimedia in creating creative works. 2. limitation of research program 2.1 definition of copyright copyright according to law number 28 of 2014 is the exclusive right of a creator that is obtained automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. copyright protection has a first to announce protection system, where the party who first announces a copyrighted work will get legal protection, and another alternative can use the registration method for the copyright work at the directorate general of intellectual property. a work that is protected by copyright can be owned by individuals or collectively where a copyright work has specific or personal criteria or can be said to be something new. a creative work itself can be in the field of science, art, and literature which is produced based on inspiration, ability, thought, imagination, dexterity, skill, or expertise that is expressed in a tangible form. copyright protection is obtained through an announcement, where anyone can make an announcement that is like being shown or shown. it can also be registered at the directorate general of intellectual property. 2.2 definition of multimedia according to robin and linda in darmawan, multimedia is a tool that creates dynamic and interactive presentations that combine graphics, text, animation, video and audio.9 multimedia can be categorized into 2 types, namely linear multimedia and interactive multimedia. linear multimedia is multimedia that is not equipped with any controller that can be operated by the user. multimedia is running sequential (sequential / straight), for example: tv and films. meanwhile, interactive multimedia is multimedia that is equipped with a controller (or assistive devices in the form of a computer, mouse, keyboard, etc.) which can be operated by the user, so that the user can choose what he wants for the next process, for example, such as a game application. interactive multimedia combines and synergizes all media consisting of text, graphics, audio, and interactivity (design). 9 firdausy armansyah, sulton sulton, & sulthoni sulthoni, “multimedia interaktif sebagai media visualisasi dasar-dasar animasi.” jurnal kajian teknologi pendidikan vol. 2, no. 3, 2019, p. 227. copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 19 how multimedia presented, there are several presentation methods in multimedia10 which include: 1) paper-based multimedia, for example: books, magazines, brochures. 2) light-based multimedia, for example: slideshows, transparency. 3) audi-based multimedia, for example: cd players, tape recorders, radio. 4) moving-image-based multimedia, for example: television, vcr (video cassete recorder, film. 5) digilatally-based multimedia, for example: computers. 2.3 multimedia as a department of vocational high school students vocational high school students (smk) is an educational institution that has a student program that is required to have expertise. as in smk in general, smk has several expertise programs, one of which is wood craft, metal craft, textile craft, tk (computer and network engineering), and multimedia. seeing the increasingly competitive world of work, vocational students are required to have expertise. therefore, the smk has opened a new department, namely multimedia. where students are encouraged to explore and study graphic design through multimedia subjects. in multimedia subjects, smk students are expected to be able to master graphic design, both in terms of images and techniques. in addition, students must also be able to create a work or graphic design product with various models and shapes, for example graphic design products on the free market, such as business cards, leaflets, cd covers, cassette covers, t-shirt designs, subject book covers, posters and others.11 3. copyright protection implementation for student 3.1 multimedia as a copyright work protected by law number 28 of 2014 the presence of multimedia has resulted in the emergence of many works that can increase creative ideas and improve the economy both from individuals and countries. multimedia technology compared to human creative ideas is almost difficult to separate which one is first, because the two tools support and complement each other. the creative ideas that exist in 10 besar besar, “pengaturan karya cipta multimedia menurut undang – undang nomor 28 tahun 2014,” online article, binus university, 2018. https://businesslaw.binus.ac.id/2018/04/02/pengaturan-karya-cipta-multimedia-menurut-undangundang-nomor-28-tahun-2014/ 11 ajeng maulina, “pembelajaran desain grafis pada mata pelajaran multimedia di smk negeri 02 adiwerna tegal.” eduarts: journal of visual arts vol. 3 no. 1, 2014, p. 46. r. f. kusumaningtyas, et.al 20 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) copyrighted societies have a very close correlation. the creative idea that is the basis for this creative economy and which is supported by the rapid development of technology has become one of the mainstays of the nation and the state of indonesia and various countries.12 looking to the copyright is the most important basis for the national economy in the form of creativity, the government has updated the copyright law so that it can describe the protection and development of the creative economy, so that protection and development of the copyright and related rights sector can contribute to a more optimal state economy. law number 28 of 2014 concerning copyright regulates multimedia works. article 40 of law number 28 year 2014 concerning copyright regulates the types of works that are protected including works in the fields of science, art and literature, consisting of: 1) books, pamphlets, appearance of published papers, and all other written works; 2) lectures, lectures, speeches, and other similar works; 3) teaching aids made for the benefit of education and science; 4) songs and / or music with or without subtitles; 5) drama, musical drama, dance, choreography, puppetry, and pantomime; 6) fine arts in all forms such as paintings, drawings, carvings, calligraphy, sculpture, sculpture or collage; 7) work of applied art; 8) architectural works; 9) map; 10) batik artwork or other motif art; 11) photographic works; 12) portrait; 13) cinematographic works; 14) translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications and other works resulting from the transformation; 15) translation, adaptation, arrangement, transformation, or modification of traditional cultural expressions; 16) compilation of works or data, either in a format that can be read by a computer program and other media; 12 besar besar, “pengaturan karya cipta multimedia menurut undang – undang nomor 28 tahun 2014,” online article, binus university, 2018. https://businesslaw.binus.ac.id/2018/04/02/pengaturan-karya-cipta-multimedia-menurut-undangundang-nomor-28-tahun-2014/ copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 21 17) compilation of traditional cultural expressions as long as the compilation is original; 18) video games; and 19) computer program. the types of works that cannot be protected are contained in article 41 of the copyright law, which is related to: 1) works that have not been translated into tangible forms; 2) any idea, procedure, system, method, concept, principle, finding or data even though it has been disclosed, stated, described, explained, or combined in a work; and 3) tools, objects or products that are created solely to solve technical problems or whose form is intended only for functional purposes. in addition to article 42 of the copyright law number 28 of 2014, the works that cannot be protected are: 1) results of open meetings of state institutions; 2) laws and regulations; 3) state speech or speech of government officials; 4) court decisions or judge orders; 5) holy book or religious symbol. in terms of law number 28 of 2014 concerning copyright, multimedia copyright works in the form of: 1) paper-based multimedia, for example: books, magazines, brochures. 2) light-based multimedia, for example: slideshows, transparency. 3) audi-based multimedia, for example: cd players, tape recorders, radio. 4) moving-image-based multimedia based on moving images (movingimage-based), for example: television, vcr (video cassete recorder), film. 5) digilatally-based multimedia, for example: computers. it can be said that it can be protected by the copyright law if the work created has an element of novelty from the previous work. the government through the ministry of education and culture has issued government regulation (pp) no. 29 of 1990 on vocational secondary education. the purpose of vocational education as stipulated in article 3 paragraph 2 states that vocational high school aims to; (1) entering the workforce and developing a professional attitude, (2) preparing students to be able to choose careers, competent and able to develop themselves, (3) preparing middle-level workers to fill the needs of the business / industrial world at present or in the future. come, and (4) prepare to graduate in order r. f. kusumaningtyas, et.al 22 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) to become productive, adaptive and creative citizens.13 so that vocational students majoring in multimedia are expected to have a provision of knowledge about law, especially copyright related to multimedia works that have been produced after graduating from vocational high school. copyright has a very important role, especially in legal protection of works produced by vocational students, including the multimedia department. the function of copyright on a copyright work is to have rights in the form of moral rights and economic rights. a copyright work gets a moral right and an economic right if it has received copyright protection, where copyright protection is obtained by being declared / displayed in the public, or by registering a copyright work at the directorate general of intellectual property (dirjen ki). legal protection is a protection given to legal subjects through the prevailing laws and regulations and in its implementation there is a sanction, in the form of legal instruments both preventive and repressive in nature, both written and unwritten. so that legal protection can be called a description of the function of law, namely the concept where law can bring order, certainty, benefit and peace.14 according to gustav radburch, the essence of value to law is that the law in its attainment cannot be separated from justice, certainty and benefits.15 legal certainty of a copyright work refers to ownership of a work. not completely regulated for multimedia works that are declared / announced or not by way of recording at the director general of ki. so it must include something of ownership or name on the work produced such as watermarks in videos, cinematography, or graphic designs, and so on.16 moral rights and economic rights are forms of legal benefit which are regulated in articles 20-30 of law number 28 of 2014 concerning copyright. related rights are exclusive rights which include moral rights of performers, economic rights of performers, economic rights of phonogram producers, and economic rights of broadcasters. 13 agamuddin agamuddin, fahmi rizal, & fera susanti, “evaluasi dan disain hipotetik program praktek kerja industri (prakerin) siswa smk negeri 2 padang panjang.” jurnal pendidikan teknologi kejuruan vol. 1 no. 1, 2018, pp. 13–14. 14 siti hatikasari, “esensi perlindungan hukum dalam sistem first to announce atas karya cipta.” supremasi hukum: jurnal penelitian hukum vol. 27 no. 2, 2019, pp122123. 15 suwardi sagama,“analisis konsep keadilan, kepastian hukum dan kemanfaatan dalam pengelolaan lingkungan.” mazahib vol. 15 no. 1, 2016, pp. 22-23. 16 suhono h supangkat, “watermarking sebagai teknik penyembunyian label hak cipta pada data digital.” departemen teknik elektro institut teknologi bandung vol. 6 no. 3, 2000, pp. 26-27. copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 23 1) performers moral rights is a right inherent in performing actors that cannot be eliminated or cannot be removed for any reason even though the economic rights have been transferred.. performers' moral rights include the right to : a) his name is listed as performer, unless otherwise agreed; and b) no distortion of the work, mutilation of the work, modification of the work, or other things that are detrimental to one's honor or reputation unless otherwise agreed. 2) performers' economic rights, includes the right to carry out itself, give permission, or prohibit other parties from doing: a) broadcasting or communication of performers' performances; b) the fixation of the show that hasn't been fixed; c) reproduction of the fixation of the performance in any way or form; d) the distribution of fixations of performances or copies thereof; e) rental of the show fixation or copy thereof to the public; and f) provision of publicly accessible show fixation. 3) broadcasting or communication of performers’ performances does not apply to: a) fixation results of performances that have been given permission by performers; or b) broadcasting or re-communication that has been granted permission by the broadcasting institution that first obtained a performance permit. distribution of fixations of performances or copies thereof does not apply to works of performances that have been fixed, sold or transferred. anyone can make commercial use of a work in a show without first asking the author's permission by paying a fee to the creator through the collective management agency. 4) the economic rights of phonogram producers, includes the right to carry out itself, give permission, or prohibit other parties from doing: a) reproduction of the phonogram in any manner or form; b) distribution of the original or a copy of the phonogram; c) leasing to the public of a copy of the phonogram; and d) the provision of phonograms with or without cables which can be accessed by the public. the distribution of the original phonogram or a copy thereof does not apply to the fixation copy of the show that has been sold or which has transferred ownership by phonogram producer to another party. every person exercising economic rights of phonogram producer must obtain permission from phonogram producer. r. f. kusumaningtyas, et.al 24 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 5) economic rights of broadcasters, includes the right to carry out itself, give permission, or prohibit other parties from doing: a) reruns of broadcasts; b) broadcast communication; c) broadcast fixation; and / or d) broadcast fixation doubling furthermore, it also emphasized that everyone is prohibited from distributing without permission for commercial purposes of broadcasting content of broadcasting institutions. the relevant right holder has the right to receive royalties if his work is re-published and if his work is not shown with the permission of the relevant rights holder, he has the right to file a lawsuit against the party performing the broadcast. copyright is attached to moral rights and economic rights. moral rights are rights that are eternally attached to the creator for: a) continue to include or not include his name on the copy in connection with the use of his work for the public; b) using his alias or pseudonym; c) change his work in accordance with the appropriateness of society; d) change the title and sub-title of the work; and e) defend their rights in the event of a work distortion, mutilation of a work, modification of a work, or anything that is detrimental to one's honor or reputation. moral rights cannot be transferred as long as the creator is still alive, but the exercise of these rights can be transferred by will or other causes in accordance with the provisions of laws and regulations after the author dies. in the event of a transfer of the exercise of moral rights, the recipient can relinquish or refuse to exercise his rights provided that the release or refusal of the exercise of said rights is stated in writing. economic rights are rights to obtain economic benefits or other related rights on a work. according to copyright law no. 28/2014, economic rights are regulated in article 8 and article 9. article 8 reads "economic rights are the exclusive rights of creators or copyright holders to obtain economic benefits for works". article 9 reads: 1) the creator or copyright holder as meant in article 8 has the economic right to do so: a. publishing of works; b. reproduction of creation in all its forms; c. translation of works; d. dedicating, arranging, or performing the work; e. distribution of works or copies thereof; copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 25 f. creation show; g. announcement of work; h. communication of creation; and i. rental of creation 2) every person exercising economic rights as intended in paragraph (1) must obtain permission from the creator or copyright holder. 3) any person without the permission of the creator or the copyright holder is prohibited from reproducing and / or commercial use of the work. economic rights are rights of creators or copyright holders or related rights owners to enjoy their creations. the use of a work must be authorized by the creator or copyright holder or related rights owner to protect the economic rights and moral rights of a work.17 meanwhile, what is meant by moral rights is a right that protects the personal interest or reputation of an creator. according to the copyright law no. 28 of 2014, relating to moral rights is regulated in article 5. so that moral rights as privileges are given to creators for their creations to keep their names in every work of their creation. moral rights will always be attached to the creator even though economically the copyright of the work has changed hands to another party. the period of copyright protection is in article 58 to article 61 of law number 28 of 2014. for the period of copyright protection for works: a. books, pamphlets, and all other written creation that like; b. lectures, lectures, speeches, and other similar works; c. teaching aids made for the benefit of education and science; d. songs or music with or without subtitles; e. drama, musical drama, dance, choreography, puppetry, and pantomime; f. fine arts in all forms such as paintings, drawings, carvings, calligraphy, sculpture, sculpture or collage; g. architectural works; h. map; and i. batik artwork or other motif art, that is, as long as the creator is alive plus 70 years for the creator has died. in the case of a work that is owned by 2 (two) or more people, copyright protection is valid for the life of the creator who died at the latest and lasts 70 (seventy) years thereafter. copyright protection for works that like: a. photographic works; b. portrait; 17 ayup suran ningsih & balqis hediyati maharani, “penegakan hukum hak cipta terhadap pembajakan film secara daring.” jurnal meta-yuridis vol. 2 no. 1, 2019, pp. 14-15.. r. f. kusumaningtyas, et.al 26 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) c. cinematographic works; d. video games; e. computer program; f. compilation of written works; g. translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications and other works resulting from the transformation; h. translation, adaptation, arrangement, transformation or modification of traditional cultural expressions; i. compilation of works or data, either in a format that can be read by a computer program or other media; and j. compilation of traditional cultural expressions during the compilation are original works, valid for 50 (fifty) years from the first time the announcement was made. copyright protection of works in the form of applied art works for 25 (twenty five) years from the first time the announcement is made. advancing technology in 2020, it's so easy to declare or show a work very quickly and easily through social media. in fact, there are lots of internet media that with one work upload can generate economic value for the creator, such as youtube where video content creators if there are many subscribers and video viewers, the youtube channel owner will get adsense and make money from the advertisements posted by the youtube developer itself data storage media such as zippyshare, where if a work is uploaded when viewed or downloaded by many people, the uploader will get an incentive in the form of money from clickbait advertisements on web storage because the ad clicks on the web must be. in fact there are many ways to develop a website design work that provides free downloads of the files that website visitors are looking for so that many visitors, the web creator can add ad space slots on the web for rent, thus getting economic benefits from the website. basically it revolves around wanting to seek financial gain quickly and ignoring the interests of creators and copyright holders.18 there are many and easy ways to get economic value from a copyrighted work so that there are many ways of cheating that can lead to violations of someone else's copyright. copyright infringement that can violate the moral and economic rights of the creator of a work can be subject to criminal penalties. the copyright infringement is a complaint offense which means that only the creator can complain to the authorities to be able to process it according to 18 hadny awaludin prandika, “analisa perlindungan hak cipta di jaringan internet menurut undang-undang no 19 tahun 2002 tentang hak cipta.” lex privatum vol. 3 no. 1, 2015, pp. 55-56 copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 27 the criminal provisions. the work process is expected to be careful because the copyrighted work to be protected must be a new work (not the same as the existing one) where the level of novelty itself has multiple interpretations between a little novelty (there is little resemblance to the previous work) with a clear novelty (different). preventive legal protection is protection provided by the government with the aim of preventing violations before they occur. this is contained in statutory regulations with the intention of preventing a violation and providing signs or limitations in carrying out an obligation. with this regulation, it will provide a basis for the parties concerned to enforce what the law aspires to do.19 provisions for deviation from the regulations stipulated in copyright can be punished if there is a violation of a copyright protected work. enforcement of criminal law in the copyright law is a form of justice. criminal elements for irregularities in ownership of a copyright work are contained in article 112 to article 118 of law number 28 of 2014 concerning copyright, which are as follows: article 112 every person who without rights commits the act as referred to in article 7 paragraph (3) and / or article 52 for commercial use, shall be punished with imprisonment of up to 2 (two) years and / or a maximum fine of rp.300,000,000.00 (three hundred million rupiah). article 113 (1) any person who without rights violates economic rights as referred to in article 9 paragraph (1) letter i for commercial use shall be sentenced to imprisonment for a maximum of 1 (one) year and / or a maximum fine of idr 100,000,000. one hundred million rupiah). (2) any person without rights and / or without permission of an author or copyright holder violates the economic rights of an author as referred to in article 9 paragraph (1) letter c, letter d, letter f, and / or letter h for regular use. commercials are punished with imprisonment of up to 3 (three) years and / or a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). (3) any person without rights and / or without permission of the author or copyright holder violates the economic rights of the author as referred to in article 9 paragraph (1) letter a, letter b, letter e, and / or letter g for regular use. commercial is sentenced to imprisonment of up to 4 (four) years and / or a maximum fine of rp1,000,000,000.00 (one billion rupiah). 19 siti hatikasari, “esensi perlindungan hukum dalam sistem first to announce atas karya cipta.” supremasi hukum: jurnal penelitian hukum vol. 27 no. 2, 2019, p. 123. r. f. kusumaningtyas, et.al 28 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) (4) any person who fulfills the elements as referred to in paragraph (3) who is committed in the form of piracy, shall be punished with imprisonment for a maximum of 10 (ten) years and / or a maximum fine of rp.4,000,000,000.00 (four billion rupiahs). article 114 any person who manages a trading place in all its forms who knowingly and deliberately allows the sale and / or duplication of goods resulting from a violation of copyright and / or related rights at the trade place managed by him as referred to in article 10, will be subject to a maximum fine of rp 100,000,000,00 (one hundred million rupiah). article 115 anyone who without the consent of the person photographed or their heirs makes commercial use, reproduction, announcement, distribution, or communication of portraits as referred to in article 12 for the purpose of advertising or advertising for commercial use, both in electronic and non-electronic media, shall be punished with a maximum fine of rp. 500,000,000.00 (five hundred million rupiah).. article 116 (1) any person who without rights violates economic rights as referred to in article 23 paragraph (2) letter e for commercial use shall be sentenced to imprisonment for a maximum of 1 (one) year and / or a maximum fine of idr 100,000,000. one hundred million rupiah). (2) any person who without right commits a violation of economic rights as referred to in article 23 paragraph (2) letter a, letter b, and / or letter f, for commercial use shall be sentenced to imprisonment of 3 (three) years and / or a maximum fine of rp. 500,000,000.00 (five hundred million rupiah). (3) any person who without rights violates economic rights as referred to in article 23 paragraph (2) letter c, and / or letter d for commercial use shall be sentenced to imprisonment for a maximum of 4 (four) years and / or a fine. a maximum of idr 1,000,000,000.00 (one billion rupiah). (4) any person who fulfills the elements as referred to in paragraph (3) who is committed in the form of piracy shall be sentenced to imprisonment for a maximum of 10 (ten) years and / or a maximum fine of rp.4,000,000,000.00 (four billion rupiah). article 117 (1) any person who deliberately and without rights violates economic rights as referred to in article 24 paragraph (2) letter c for commercial use shall be sentenced to imprisonment of up to 1 (one) copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 29 year and / or a maximum fine of rp100. 000,000 (one hundred million rupiah). (2) any person who deliberately and without right commits a violation of economic rights as referred to in article 24 paragraph (2) letter a, letter b, and / or letter d for commercial use, shall be sentenced to imprisonment for a maximum of 4 (four). years and / or a maximum fine of rp1,000,000,000.00 (one billion rupiah). (3) any person who fulfills the elements as referred to in paragraph (2) who is committed in the form of piracy shall be sentenced to imprisonment for a maximum of 10 (ten) years and / or a maximum fine of rp.4,000,000,000.00 (four billion rupiah). article 118 (1) any person who deliberately and without right commits a violation of economic rights as referred to in article 25 paragraph (2) letter a, letter b, letter c, and / or letter d for commercial use, shall be punished with imprisonment of a maximum of 4 (four) years and / or a maximum fine of rp1,000,000,000.00 (one billion rupiah). (2) any person who fulfills the elements as referred to in article 25 paragraph (2) letter d who is committed to piracy shall be punished with imprisonment of not more than 10 (ten) years and / or a maximum fine of rp.4,000,000,000.00 (four billion rupiah). the provisions of the copyright law have provided legal protection, both preventively and repressively, namely by providing criminal sanctions for violations of the economic rights of the relevant rights owners as regulated in the copyright law so that it can be said that preventively the provisions of the copyright law are adequate. however repressively constrained due to the territorial principle.20 these efforts can be made by vocational high school majoring multimedia students as knowledge in work and especially if there are violations of copyright works so that they are expected to avoid these violations. 3.2 copyright registration procedures through the online system the online copyright registration procedure can be via the website link www.dgip.go.id. the djhki official website page, online copyright registration or registration is called e-copyright. this e-copyright system aims to provide convenience for people who wish to register records of works and related rights products and are easily accessible anytime and anywhere. to be able to access e-copyright, the public must first have a username and password to log in to this page. the procedure for obtaining the username and 20 edwita ristyan, “perlindungan hukum hak terkait terhadap karya siaran skysports yang dipublikasikan melalui situs internet.” thesis, universitas atma jaya yogyakarta 2016, p. 8 r. f. kusumaningtyas, et.al 30 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) password is by first sending a registration request letter attaching a statement letter and supporting attached documents to the directorate general of intellectual property c.q. directorate general of information technology. the registration request letter and the statement letter can be downloaded on the e-copyright page. if the letter is sent and verified by the online copyright team, the public will get an official message via email that includes their username and password to be used to enter the e-copyright registration page. after getting the username and password, the next procedure is as follows. enter your username and password on the form provided. ensure that the information and results of the uploading of administrative requirements and a copy of the sample work entered into the system are correct. ensure that the selection of the type of work that you wish to register for registration is in accordance with the type of work regulated in the law. one payment code is intended for only one listing of works and related rights products. pay attention to the validity period of the payment code for a maximum of 2 (two) days, and if it is not paid within 2 (two) days, the registration of works and related rights products is considered null and void.21 d. conclusion coaching and socialization regarding the copyright application for students' work at state vocational high school 1 demak multimedia majors is very important because it provides benefits for students of vocational high school 1 demak, multimedia department regarding knowledge of law number 28 of 2014 about copyright so that with this understanding it can provide provisions while attending vocational high school or after graduating from vocational high school in responding to the existence of violations during work and can anticipate the future. the lack of understanding of students of smk n 1 demak majoring in multimedia regarding copyright, where previously without knowing the copyright law, students in making a copyright work have not thought carefully about the consequences of the actions to be carried out. based on the responses and problems faced in this service activity, it is necessary to hold an advanced stage of socialization regarding copyright registration assistance, procedures for announcing a copyright work, granting permits or licenses and procedures for resolving copyright disputes in order to increase seriousness in developing 21 ni made asri mas lestari, i made dedy priyanto, & ni nyoman sukerti, “pengaturan dan prosedur pendaftaran hak cipta berbasis online.” jurnal kertha semaya vol. 5 no. 2, 2017, pp. 4-5. copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 31 the potential for making a copyright works. it is better if for further socialization it is necessary to involve the directorate general of intellectual property, ministry of law and human rights. e. acknowledgments authors express the thankfulness to all parties involved in this community service program, especially for students at smkn 1 demak and all teachers and supporting staff. f. declaration of conflicting interests the authors state that there is no potential conflict of interest in the research, authorship, and/or publication of this article. g. funding universitas negeri semarang by faculty of law research and community services grants. h. refrences agamuddin, a., rizal, r., & susanti, f. (2018). evaluasi dan disain hipotetik program praktek kerja industri (prakerin) siswa smk negeri 2 padang panjang. jurnal pendidikan teknologi kejuruan, 1(1), 13–18. https://doi.org/10.24036/jptk.v1i1.623 armansyah, f., sulton, s., & sulthoni, s. (2019). multimedia interaktif sebagai media visualisasi dasar-dasar animasi. jurnal kajian teknologi pendidikan, 2(3), 224–29. https://doi.org/10.17977/um038v2i32019p224. bappenas. (2018). “data statistik kependudukan kementrian perencanaan pembangunan nasional (bappenas). besar, b. (2018). “pengaturan karya cipta multimedia menurut undang – undang nomor 28 tahun 2014.” online article, binus university, https://business-law.binus.ac.id/2018/04/02/pengaturan-karya-ciptamultimedia-menurut-undang-undang-nomor-28-tahun-2014/ darmawan, d. (2014). inovasi pendidikan : pendekatan praktik teknologi multimedia dan pembelajaran online. bandung: pt. remaja rosdakarya. firdausi, f., rifai, a., & barnawi, b. (2011). profil guru smk profesional. yogyakarta: ar-ruz media. hatikasari, s. (2019). esensi perlindungan hukum dalam sistem first to announce atas karya cipta. supremasi hukum: jurnal penelitian https://doi.org/10.24036/jptk.v1i1.623 r. f. kusumaningtyas, et.al 32 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) hukum, 27(2), 118–132. https://doi.org/10.33369/jsh.27.2.118-132. isnaini, y. (2009). hak cipta dan tantangannya di era cyber space. bogor: ghalia indonesia. jatmoko, d. (2013). relevansi kurikulum smk kompetensi keahlian teknik kendaraan ringan terhadap kebutuhan dunia industri di kabupaten sleman.” jurnal pendidikan vokasi 3(1), 1–13. https://doi.org/10.21831/jpv.v3i1.1572. katadata. (2020). “jumlah penduduk indonesia 2019 mencapai 267 juta jiwa” lestari, n. m. a. m., & priyanto, i. m. d., & sukerti, n. n. (2017). pengaturan dan prosedur pendaftaran hak cipta berbasis online. jurnal kertha semaya, 5(2), 1–6. maulina, a. (2014). pembelajaran desain grafis pada mata pelajaran multimedia di smk negeri 02 adiwerna tegal. eduarts: journal of visual arts 3(1), 45–53. ningsih, a. s., & maharani, b. h. (2019). penegakan hukum hak cipta terhadap pembajakan film secara daring. jurnal meta-yuridis, 2(1), 13–32. https://doi.org/http://dx.doi.org/10.26877/m-y.v2i1.3440. prandika, h. a. (2015). analisa perlindungan hak cipta di jaringan internet menurut undang-undang no 19 tahun 2002 tentang hak cipta. lex privatum, 3(1), 49–57. ristyan, e. (2016). “perlindungan hukum hak terkait terhadap karya siaran skysports yang dipublikasikan melalui situs internet.” thesis, yogyakarta: universitas atma jaya yogyakarta. sagama, s. (2016). analisis konsep keadilan, kepastian hukum dan kemanfaatan dalam pengelolaan lingkungan. mazahib, 15(1), 20–41. https://doi.org/10.21093/mj.v15i1.590. supangkat, s. h. (2000). watermarking sebagai teknik penyembunyian label hak cipta pada data digital. departemen teknik elektro institut teknologi bandung, 6(3). 1–9. https://doi.org/10.1016/j.bbabio.2011.05.011. legal documents law number 11 of 2008 concerning electronic information and transactions. law of the republic of indonesia number 31 of 2000 concerning industrial designs. law of the republic of indonesia number 15 of 2001 concerning trademarks. law of the republic of indonesia number 28 of 2014 concerning copyright. law of the republic of indonesia number 13 of 2016 concerning patents. copyrights application for students’s work indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 33 quote the copyright bargain: a balance between protection for the artist and rights for the consumer robin gross retrieved from https://www.brainyquote.com/topics/copyright-quotes r. f. kusumaningtyas, et.al 34 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) about authors rindia fanny kusumaningtyas, s.h. m.h., is lecturer at department of private and commercial law, universitas negeri semarang, indonesia. some his works have been published, such as filosofi kontrak bagi hasil gross split dari sudut pandang hukum kontrak (arena hukum, 2020), tinjauan yuridis kepastian hukum penggunaan virtual currency dalam transaksi elektronik (ditinjau dari undang-undang nomor 7 tahun 2011 tentang mata uang) (jurnal penelitian hukum de jure, 2019), and perkembangan hukum jaminan fidusia berkaitan dengan hak cipta sebagai objek jaminan fidusia (pandecta research law journal, 2016). dr. sang ayu putu rahayu, s.h., m.h., is lecturer at department of private and commercial law, universitas negeri semarang, indonesia. she obtained bachelor degree from universitas udayana bali, master and doctoral degree from universitas airlangga surabaya. his research interests are concerning oil and gas law, contract law, and mining law. arif hidayat, s.h., m.h., is lecturer at department of administrative and constitutional law, universitas negeri semarang, indonesia. some of his publications such as politik hukum legislasi sebagai socio-equilibrium di indonesia (jurnal ius constituendum, 2019) and the ideal relationship between legal knowledge and actual legal actions in indonesia (2nd icils conference, 2019). javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d279ca20cd • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare attention required! | cloudflare please enable cookies. sorry, you have been blocked you are unable to access unnes.ac.id why have i been blocked? this website is using a security service to protect itself from online attacks. the action you just performed triggered the security solution. there are several actions that could trigger this block including submitting a certain word or phrase, a sql command or malformed data. what can i do to resolve this? you can email the site owner to let them know you were blocked. please include what you were doing when this page came up and the cloudflare ray id found at the bottom of this page. cloudflare ray id: 7fbf20d18f0d2055 • your ip: click to reveal 129.74.145.123 • performance & security by cloudflare sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 51 sterner response toward rape in line with islamic law: special reference to pakistan shahzeb shahid1* 1 punjab university, pakistan *corresponding email: sahzebshahid004847@gmail.com abstract: this paper tends to examine the nature of rape crime under islamic law in order to take sterner action against this crime in line with islamic law. as the holy quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? when does sexual intercourse amount to rape? what does islam prescribe punishment for a person who is coerced to commit rape? does islam permit abortion for raped women? why marital rape does not exist in islam? whether rapist may be awarded punishment of lashes, imprisonment or death as t‘azir or syasah? this paper finds out what zina (fornication) is under islamic law because in islamic jurisprudence only coerced zina is regarded as rape. thus, this paper is classifying rape in the same category as zina. by classifying rape as a subset of zina can only sort out the juridical issues that are emanating from coerced zina. however, some modern scholars put rape in a category of hirabbah crime in order to circumvent the strict evidentiary procedure of zina(fornication) crime. this paper depicts that there is no need to put rape in the domain of hirabah because islamic law permits the ruler or legislation to award punishment of lashes or death as tazir or syasah without waiting for the four pious muslim male eyewitness and inflicting hadd of qadaf(slander) to the complainant. finally, this paper is exploring the options that may be taken in order to nip this crime in the bud. keywords: zina; rape; non-consensual sexual intercourse, marital rape; coercion, syasah, tazir indonesian journal of advocacy and legal services issn: 2686-2085 (print) issn: 2686-2611(online) vol. 3 no. 1 (2021): 51-90 doi: 10.15294/ijals.v3i1.45597 submitted: 11 january 2021 revised: 11 february 2021 accepted:30 april 2021 how to cite: shahid, s. (2021). sterner response toward rape in line with islamic law: special reference to pakistan. indonesian journal of advocacy and legal services, 3(1), 51-90. https://doi.org/10.15294/ijals.v3i1.45597 https://creativecommons.org/licenses/by-nc-sa/4.0/ s. shahid 52 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) a. introduction rape is regarded by many as gender issue in society, as it is perpetrated by men against women. it is a serious crime because it disturbs social order, human lineage and also affects women’s mental and physical health. rape by itself is an atrocity and due to its grave nature it is considered most serious crime all over the world. it is a form of sexual violence concerning contact with the body of women in the absence of her consent that violates her sexual autonomy. we can say that rape is an act of obliging women to have sexual intercourse against her will. rape has been regarded as a serious crime since the inception of homo sapiens. besides islam, all other civilizations would also awarded strict punishment to the perpetrator of this crime. for instance, in greece capital punishment was awarded to rapist under the law of draco. in roman civilization rapist was also subjected to wide range of capital punishment. in judaism, both married women and married rapist were awarded punishment while only rapist was subjected to punishment if crime was committed in isolated place.1 in these civilizations women’s honor, dignity and her sexual autonomy on her body would not matter because women were considered as a form of property of her father and husband. these ancient civilizations considered rape an offence committed by the victim as well as the rapist and both were liable to be punished. in babylonia, for instance, a married woman who was raped had to be drowned in a river along with the rapist. in contrast to these civilizations, islam stipulates that only perpetrator be punished rather than punishing both and islam gives equal value to both men and women with regard to their honor and dignity. majority of non-muslim or western countries put the rape in the domain of sexual violence which includes acts such as flashing, sexual harassment, forcing someone to watch pornography, sexual bullying and other forms of non-consensual sexual act. in islamic law every sexual act does not amount to rape. in islam sexual act, which constitutes zina, can only be regarded as rape crime. therefore, international law and islamic law on rape are not parallel to each other. in order to prevent rape, it is necessary to know what causes the rape. there is a strong link between rape and poverty. poor women are more vulnerable to rape crime than an economically strong woman. globalization 1 “should there be a virgin young women betrothed to a man, and a man find her in a town and lie with her, you should bring them both out to the gate of that town and stone them to death – the young women, because she did not crya out for help, and the man because he violated another man’s wife, and you shall rout out the evil from you” (available at deuteronomy 22:23-25, //https:www.blogs.timesofisrael.com/the-torah-marry-yourrapist-law. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 53 is also a most cogent factor behind the commission of rape. globalization has led to increase in the sexualization and commodification of women’s body and the rises of internet have also led to increase access to pornography. gender discrimination and women disempowerment may pave the way of rape culture. poor criminal justice system is an effective tool in the hand of deep pocketed rapist to commit such crime with impunity. indecent dressing of women may also become cause of rape. the modern way of dressing may provide the exposure of various erogenous zones on the body of women. culture of silence also encourages the perpetrators to commit crime without any fear of blame. b. islamic law on rape with special reference to coercion and punishment in islamic law rape is considered serious sexual crime. it means forced nonconsensual sexual intercourse. rape is literally translated in arabic as ightisab .the word ightisab literally means usurpation, coercion, violation or rape. the classical jurists assumed rape as a sub-category of zina. therefore, they used legal meaning of rape that is al ikrah ala alzina or zina bi alikrah2. 1. definition of zina (fornication) there is no clear definition given by the muslim jurists regarding rape. in order to grasp the ingredients of rape, however, it is essential to investigate the jurist’s definition of zina (fornication) because zina and rape are similar in most aspects. zina comprises any illicit cohabitation between man and women who are not legally married to each other. in islam lawful sexual relations are only those that occur within marriage or between slave girl and her master. the quran says: “and those who protect their private parts except from their spouse or those whom their right hands possess, such are without blame. and whosoever desire beyond that, such are transgressor”.3 the holy prophet (pbuh) is reported by jabbar ibn abdullah (ra) to have asked maiz al aslami (one of the companions of prophet (pbuh), who confessed that he had committed zina): “was the penetration like the stick entering the kohl jar or the rope entering the well?” maiz said: “yes”. the holy prophet (pbuh) asked another question, “do you know what zina is”. maiz answered, “yes”, i know, and i committed an unlawful act which husband and 2 ibn-qudamah al-maqdisi muwaffaq al din abu muhammad, al-mugni (beirut: dar al fikr 1405 ah) 10:158. 3 al-quran, 23:5-7. s. shahid 54 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) wife do lawfully”4. in this hadith the prophet (pbuh) established which sexual act outside of marriage and concubinage would amounts to zina. in hanfi jurisprudence zina is defined as: “unlawful vaginal intercourse with living women who is not one’s own slave, not in the quasiownership of the man or not freely married or quasi married in an islamic state”5. maliki school defines zina as: “vaginal or anal intercourse with women who is not under his ownership, willfully and with consent by both sides”6. the shafi and hanbali jurists define zina as: “the unlawful and mutually consensual vaginal or anal intercourse between a man who is sane and who has reached the age of puberty and women who is not his legal spouse”7. 2. what rape (zina bil jabr) is under an islamic law? jumhur (majority of jurists) hold that committing zina by using force or without the consent of women constitutes a rape. elements of non-consent on the part of women and using force by the perpetrator morph zina into rape. according to hanfiates, illegal intercourse is considered rape when there is no consent and no deliberate action from the victim/women8. according to al shafi, forcing a women to commit zina against her will constitute a rape9. alshafi, further, asserts that it is unlawful to have sexual intercourse, both consensual or non-consensual, with captive women because islam legalize sexual intercourse only with his wife and his concubine10.in malki’s views, any kind of unlawful sexual intercourse by usurpation and without the consent of women refers to rape11. in malki’s jurisprudence showing resistance on the part of women determine her consent or non-consent but malikiates also clarify that conditions such as insanity, sleep or being 4 imam ahmed bin hanbal, musnad ahmed bin hanbal, hadith no 21083 & 22235. see also muhammad nasir al din al-albani , daif abi dawud, hadith no 4428 (beirut: almaktab al-islami 1412 ah). 5 al-kasani ala al din abu al-hassan ali ibn sulaiman, bada’i al sanai fi tartiba al sharai (2nd edn, beirut: dar ul-kitab al-arabi 1982) 7:33. 6 malik ibn anas bin malik bin abi amir, al mudawwana al-kubra (cairo:marba’at alsa’ada,1905) 4:40. 7 al-suyuti jalal al din abi bakar, al-ashbah wal-nazair (beirut: dar al kitab al-arabi 1987) 458. see also mansur ibne younus ibn idris al bahuti, sharah muntha al iradat ( madina: al maktaba al salafia n.d ) 3:342. 8 muhammad amin ibn umar ibn abideen, hashiat rad al mukhtar (beirut: dar ul fikr 1836) 4:30. 9 muhammad ibn idris al shafi, kitab alumm (cairo: dar al shab 1321 ah) 3:230. 10 sharah al nawawi ,sharh sahi muslim 1456(available at abu amina aiias,there ios no theology of rape in islam,faith in allah,august 20,2015 https://abuaminaelias.com/no-theology-of-rape-in-isalm/ accessed on 8 oct 2020. 11 malik ibn anas (n 6) 4:401. https://abuaminaelias.com/no-theology-of-rape-in-isalm/ sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 55 underage of women prevents the victim to show resistance during forcible unlawful sexual intercourse12. according to hanbali jurisprudence, denial of consent and showing of resistance during unlawful sexual intercourse on the part of the women constitutes a rape. in hanbali jurisprudence, the threat of starvation or suffering the cold of winter is suffice to determine non consent13. consent of the women is considered as the most important element in rape. it can be understood from the above juristic definition of rape that two elements (a) act of unlawful sexual intercourse (b) non-consent of women must be present to constitute a rape. non-consent and coercion may be used as inter-changeably. non-consent/coercion of the women is considered as an important criterion that distinguishes rape from zina. it is clear from the conversation between holy prophet (pbuh) and maiz that full sexual intercourse must take place between man and women to constitute a zina. full sexual intercourse means that man has used his natural penis to penetrate the vagina of women no matter how little it penetrates, moreover it doesn’t matter whether semen ejaculate or not.14 ibn nujaim of the hanfiates asserts that even if the penis has been amputated, but there still remains a tiny part of the glan , the man would be convicted of zina.15 it implies that, under hanfiate jurisprudence, a man cannot be charged with rape offence unless he has used his natural sexual organ to penetrate the reproductive tract of women. man. however jurists of malkiates, shafiate and hanbliates school of law hold that, if a man has anal intercourse with women without her consent, the act will also constitute a rape. there is consensus among jurist that forcible penetration by hand or by any other object rather than genital of man does not constitute rape. in a report describing a decision by al-hassan, a man had a slave girl. his wife feared that he would marry her, so she deflowered her with her finger, with the help of some other women holding her, then the case was taken to hazrat ali (ra),who commanded alhassan to judge between them. al-hassan said “i opine that she should be flogged the hadd for qadaf of the other, and that she be fined the dower amount for the deflowering”16. it is necessary to constitute rape that women must be a living person. according to the definition of hanfiates, a sexual act with dead women does not constitute a rape17. a man can only be charged with committing rape when he has forced sexual intercourse onto women to 12 ibid. 13 al bahuti, kashf al qina, (beirut: dar ul-fikr 1412 ah) 6:97. 14 al-kasani (n 5) 7:181. 15 ibn-nujaim, al ashbah wa al nazair 344. 16 abd al razzaq ibn hammam al himyari, al mussanaf (beirut: dar ul kitab al-ilmiya 2000) 7:330. 17 al-kasani (n 5) 7:33. s. shahid 56 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) whom he is not legally married. thus, all jurists unanimously agree that only non-consensual sexual intercourse that amounts to zina can be termed as rape (zina bil jabr). 3. legal liability of compelled/coerced women there is a strong link between compulsion and non-consent. compulsion (ilja) refers to a phenomenon when a woman is compelled, by force or without force, to submit for sexual intercourse. compulsion may be defined in term of coercion and necessity. women may be compelled to commit act by way of coercion or necessity. the source of coercion is from aggressor (such as person’s threat of death, harm or imprisonment) while the source of necessity is from natural circumstances e.g. when women find herself alone in forest and desert. coercion is considered as one of the most important element of rape that affects the criminal liability of a person. sometime consent of women may be taken by coercion. therefore, it is necessary to understand the nature of coercion. a person is said to be coerced when he/she acts contrary to his/her preference or will because of threat administered by another agent18. muslim jurists are agreed that person is not held criminally liable for the act he/she commits under coercion. their arguments are in fact in line with this saying of holy prophet (pbuh): allah has pardoned for me, my ummah; their mistakes, their forgetfulness and what they have done under duress.19 coercion (duress) may be of ikrah mulji(compelling/perfect) as well as ikrah naqis (imperfect). all jurists agreed that coerced man is exempted from hadd punishment of zina only if coercion is compelling such as serious threat of death or losing his limb. however, as far as criminal liability of coerced women is concerned, jurists held that imperfect coercion such as simple threat of minor injury to coerced women or her close relative is sufficient to exempt her from hadd punishment. al-sarakhsi held that whether coercion is compelling or imperfect coerced women cannot be awarded the punishment of hadd for zina.20 bazdawi, similarly, asserts that imperfect coercion such as imprisonment or slight beating also exempt women from legal punishment because it is sufficient to create doubt21. abu yousaf also exempts women from hadd penalty in case she is coerced for sexual 18 abi sahl abu bakr al-sarakhsi, al-mabsut (beirut: dar ul_kutab al-ilmia 1997) 24:80. 19 sunan ibn majah, hadith no 2043, https://abuminaelias.com/dailyhadithonline2012/4/10allah-forgive-mistake-coercion, accessed on 8 oct 2020. 20 al-sarakshi (n 18) 9:77. 21 abd al aziz ibn ahmed bukhari, kashf al asrar an usul fakr al islam al bazdawi, abdullah muhammd umar(ed), (1st ed, beirut: dar ul kutub al ilmiya, 1997) 4:556. https://abuminaelias.com/dailyhadithonline2012/4/10allah-forgive-mistake-coercion sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 57 intercourse, it does not matter whether threat is compelling or imperfect22. ibn-qudama states that “there should be no hadd for the woman, who is forced to have sexual intercourse, according to the view of the majority of the jurists”23. in this way, all jurists agreed that a coerced woman will be considered as a victim of rape irrespective of the fact whether coercion was compelling or imperfect. necessity is a subset of compulsion. sometime natural circumstances may force women to engage in survival sex in exchange of food, water or shelter in order to save her life or her child. under islamic law ‘dire necessity renders the forbidden permissible’.24 therefore, woman is also exempted from punishment if she claims that there was dire necessity or extreme urgency and no lawful alternate was available other than to submitting her for unlawful sexual intercourse in order to save her life. for instance, during the reign of hazrat omar (ra) a woman was brought before him and charged with zina. she claimed that she was thirsty and asked shepherd for some water. the shepherd refused unless she agreed to have sexual intercourse with him. hence, she was left with no option. hazrat omar (ra) after consulting with hazrat ali (ra) dropped case against her. it is because; in this situation the consent was not voluntarily but out of necessity to save her life25. all these situations do not legalize the act of women but only exempt women from legal responsibility. the rationale behind this is that a woman is physically weak creature. she cannot avert physically superior aggressor. all jurists agreed that due to coercion women is not legally responsible for her unlawful sexual intercourse and there is possibility of doubt about her consent. thus, in this situation if women claim rape she would not be asked to prove her case because her act does not harm any other person. besides these circumstances, unlawful sexual intercourse is also considered rape when victim is mentally and physically incapable to give consent. there are situations where a claim that there was consent on the part of women cannot be accepted. following circumstances are being described below which are similar to coercion. the consent given by the women while in state of intoxications is void even though her intoxication is voluntarily. unlawful copulation with a female who is intoxicated to the extent that she is unable to resist is classified as an act of rape because the victim does not realize what is happening to her. 22 abu yousaf, kitab al-khiraj, niaz ahmed okarwi(ed) (maktaba rehmania) 443. 23 ibn qudamah, al-mugni (cairo: matba al imam, 1964) 8:186. 24 ibn-nujaim, al isbhah wa al nazair fi al fiqh al hanafi (karachi:qadimi kutab khana) 87. 25 ibn qudamah (n 23) 8:319. s. shahid 58 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) intoxication results in unconsciousness of person. al-juwayni says: “duties are imposed on the human subject when he/she has presence of mind such that he/she is able to understand the divine address. if the agent is not in such state, it is inconceivable that he/she could intend to comply with the command before understanding it”26. similarly sleeping women is also exempted from punishment.27 if women are given a sleeping pill, for instance, and resultantly she losses her conscious then only perpetrator would be liable for legal punishment. a women from yemen was brought to hazrat umar (ra), having been accused of adultery. she said that she was sleeping when a man came and raped her. she woke up only after being captured in the man’s grip. she was acquitted28. to baqlani: “actions of agent or women in the state of intoxication or asleep are not morally significant because absence of capacity for rationality undermines the imposition of duty”29. unlawful sexual intercourse with incapacitated or insane women constitutes a rape because mentally impair women has no capacity to give consent. for instance, during the time of hazrat omar (ra) an insane woman was charged with adultery. she was acquitted on the base of following hadith: “three people would not be accountable for their actions; a child until he has a nocturnal emission, a sleeping person until he wakes up and an insane person until he recovers30. muslim jurists agreed that unlawful sexual intercourse with a woman who has not reached the age of puberty constitutes a rape. the consent of women, while she has not attained the age of puberty is irrelevant. hence, the act would be amounted to rape and the minor girl will be exempted from legal liability. similarly, consent obtained by fraud also exempts women from punishment. consent is considered invalid if a man pretends to be husband of women with whom he has sexual intercourse. in this situation the man will be charged for committing rape and the woman does not legally liable for her consent. 26 al-juwayni dhia ul din abd al malik ibn yusuf, al-burhan fi usul ul-fiqh, abd alazam al-dib(ed) (1st edn, qatar: jamia qatar 1979) 1:55. 27 abu yousaf (n 22) 404. 28 al-bayhaqi abu bakar ahmed ibn hussain ibn ali , sunnan al-kubra lil-bayhaqi ( dara tul marif, 1925) 8:236. 29 baqillani abu bakar muhammad ibn al-tayyib, al-taqrib wa al-irshad al-saghir, abd al-hamid ibn ali abu zunyad(ed) (1st edn, beirut: muassasat al-risalah 1993-1998) 1: 251-52. 30 abu daud sulaiman ibn al-ashatal sijistani, sannun abi dawood, muhammad muhyi al-din abd al-hamid(ed) (cairo: dar ul fikr 1980) 4:558. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 59 4. moral and legal liability of coerced man muslim jurists have considered the possibility of man being coerced into having sexual intercourse with women/victim. all jurists unanimously agreed that women are exempted from legal responsibility in case of compelling as well as imperfect coercion. they reasoned that she does not harm any person because of her passive role during such activity. however, such is not the case when man is coerced to commit rape. thus legal responsibility for the coerced man is not the same as the women because of the active nature of man’s role in rape. the hanfiates attached the legal responsibility of coerced man according to the intensity of coercion. the hanfiates attributes two opinions to abu hanifa regarding coerced rape. in the first opinion abu hanifa held that a man who is coerced to commit rape should be held liable for the punishment of hadd. his rationale behind this opinion is that: “a man’s erection is inconceivable without pleasure, pleasure is evidence of willingness. erection does not occur in the presence of fear. and erection of man’s organ cannot occur without desire (shahwa)”31. later on, abu hanifa modified his opinion and held that if the coercer is not a ruler, then the coerced would be liable for hadd 32. however, it is not to say that abu hanifa considered the threat of non-ruler less compelling than the ruler because in case of non-ruler, abu hanifa believed, coerced may ask help from the ruler; whereas if coercer is ruler then coerced is left with no option to ask help against the ruler.33 according to abu al-hassan al karkhi , abu hanifa believed that if the ruler order someone to commit rape, then he has disqualified himself from the position of ruler.34 under islamic jurisprudence, it is only the head of state who can execute hudood punishments.35 in this way coerced has committed a punishable offence when there is no head of state.36 sarakhsi justified the second opinion of abu hanifa that “an erection is not evidence of absence of fear. an erection sometimes occur naturally without choice because of the strength of sexual desire the allah implanted in men and sometime it occur by way of volition. consider that someone asleep may have an erection, naturally without choosing it or intending it”37. 31 al jassas abu bakar ahmed ibn ali, sharh mukhtasar al tahawi fi al-fiqh al-hanfi, ismat ullah inayat(ed) (1st edn, beirut: darul bash aer-al islamiyah lil tiba a wa al nashr wa al-tawzi 2010) 8:45. 32 al-sarakhsi (n 18) 9:67. 33 mawlana aftab ali, fatah al waqayah li hal sharah al waqayah (kutab khana makki) 3:82. 34 al-jasas (n 31). 35 abu yousaf (n 22) 404. 36 al-jassa (n 31). 37 al-sarakhsi (n 18) 9:67. s. shahid 60 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) abu hanifa’s two disciples abu yousaf and shybani held that if nonruler is capable of fulfilling his threat in the same way as the ruler then coerced is not liable for hadd punishment38. sarakhsi asserts that coercion does not affect the prohibition against rape. he says: “if the coerced performs the act of rape, he has committed an injustice. the prohibition against fornication is eternal. it admits no exception”39. according to sarakhsi and al-jassas threat of imprisonment and beating do not amount to compelling coercion, however, he can be exempted from legal liability if coerced has no access to food and water and he has reached the starting point of death by starvation40. bazdawi’s view is also in line with sarakshi. he writes: “fornication, similar to homicide and injury, are those acts that coercion can neither permit, nor excuse, because the evidence for excuse is fear of loss [of life or limb] and in this respect the coerced and the person whom the coerced would violate are equal. coercion is legally and morally eliminated in cases dealing with the life of person whom the coerced would violate, because of [incommensurable] conflict [between the values of two person]”41. jassas shared the first opinion of abu hanifa that coercion can never permit rape because the act harms the other people42. the hanfiates made consensus that if the coercion is compelling (ikrah mulji) such as threat to one’s life and limb, then he is not liable for hadd punishment. however, hanfiate jurists held that it is better for the coerced man to sacrifice his life rather than committing rape43. according to hanbli school, even coerced is threaten with death, he is liable for hadd penalty. their argument is based on the fact that a man would commit fornication only when he had sexual desire and distension of male organ is not possible when he is in the strong grip of fear44. like hanfiates, the malkiates also held that if coerced is threatened with compelling coercion (ikrah mutlaq), then he is not liable for hadd penalty45. however baqlani (maliki jurist) adopted a stringent position toward coerced. he held that coerced is still held morally responsible for it, even it is impossible for a 38 al sarakshi, kitab al mabsut, abu abd ala muhammad hasan ismail al-shafi(ed) (1stedn, beirut: darul kutub al-ilmiya 2001) 24:104. 39 ibid, 24:105. 40 al-jassas (n 31) 4:438. 41 bazdawi and bukhari (n 21) 4:562-63. 42 abu bakar ahmed al-razi al-jassas, ahkam al-quran, abd al salam muhammad ali shahin(ed) (beirut: darul kutub al-ilmiyya, n.d) 3:251. 43 al-sarakhsi, (n 18) 24:105. 44 gulam rasool saeedi, tibiyyan ul quran ( roomi publishers and printers lahore 2013) 8:46. see also wahbah al-zuhayli, al fiqh al islami wa adallatuhu (2nd edn, damascus: dar al fakr 1985) 5:401. 45 ibid 8:46. see also ibid 5: 402. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 61 coerced to refrain from it. baqillani asserts that “it is possible for allah to impose on us the duty to omit every action we are coerced to perform, as coerced remain a moral rational during the course of coercion, therefore he is subjected to moral and legal responsibility”46. shafiates hold that a person who is coerced to commit rape is not liable for punishment because it creates doubt about the intention of coerced47. according to them coercion does create doubt about the coerced liability, therefore, he should be exempted from punishment. abd al-jabbar (a follower of shafi school) notes that according to abu hashim, the compelled is one who, when impelled to two harms prefer the lesser over the greater48. to abd al-jabbar if the harm is far-off, timewise, or one of them is far-off, then the compulsion no doubt ceases49. many jurists rejected the two harm theory because it cannot be applied equally in all situations without taking into account of the physical strength of the coerced. as, bazdawi (hanfiate jurist) asserts: “ there is no fathom to weigh the harm that would be suffered by the coerced against the harm that would be suffered by the victim from the act of coerced”50.he further added : “there is another harm in the case of rape .rape causes pregnancy, and the pregnancy causes the ruination of the legal basis for attribution to the biological father”.51 5. abortions of raped women rape may result in pregnancy of victim. a rape victim is presumed innocent but islam doesn’t grant her absolute right to abort. in general, all jurists agreed that unnecessary abortion is sin and amounts to murder. they based their argument on following verse of holy quran: “and do not kill the soul which allah has forbidden, except by right”.52 there is no explicit reference to abortion in holy quran and sunnah. the quran refers to the multiple stages of development of human embryo.53 at 46 baqillani (n 29) 1:251. 47 gulam rasool (n 44). see also wahbah al-zuhayli (n 44) 5:401. 48 abd al-jabbar ibn ahmed ibn abd al-jabbar al-hamadani (935-1025 ad) a mutazilite theologian and follower of shafi school, al-mugni fi abwab al-tawhid wa al adl . edited by taha hussain and ibrahim madkur(ed) (cairo: wizarat al-thaqfa wa alirshad al-qawmi, al idara al amah lil thaqafia 1960-9) 11:394. 49 ibid. 50 bazdawi and bukhari (n 21) 4:562. 51 ibid 4:562. 52 al-quran, 17:33. 53 “and certainly did we create man from an extract of clay. then we placed him as a sperm-drop in a firm lodging. then we made the sperm-drop into a clinging clot, and we made [from] the lump, bones, and we covered the bones with flesh; then we developed him tnto another creation.so blessed is allah,the best of creators” (al-quran 23:12-14). s. shahid 62 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) the end of third phase (40 days in each phase) of embryonic development the soul enters the body as hadith narrates: “verily the creation of each one of you is brought together in his mother’s womb for forty days in the form of life germ, then he becomes a clot of congealed blood for a similar period, then he becomes a lump for similar period; then the angel is sent to breathe into him the soul54. based on above quranic verse and hadith most jurists hold view that foetus has human value after 120 days of pregnancy. they argue that before ensoulment foetus is not a person. therefore, under the flag of this hadith the hanfiates permit abortion within 120 days of the inception of pregnancy but they also maintain that abortion must not be without reason55. al-bahuti (hanbli jurist) also states that abortion is permitted as long as soul has not breathed in56. similarly, al-ramli (shafi jurist) hold that abortion is permitted within 120 days of inception as long as foetus has not turned into human shape.57 these jurists grant permission of abortion on the ground of followhbing hadith: “there should be neither harming nor reciprocate harm in islam”58. however, most of the malikites prohibit abortion absolutely on the ground that foetus has potential to become human being. ibn juzayy asserts that after inception of pregnancy there should not be interruption59. al-dardi also prohibits the dislodging of semen even before completion of 40 days60. however, minority of malikite jurists permit abortion within 40 days of inception of pregnancy. aborting the pregnancy resulted from rape is considered concrete reason but it is necessary that abortion must take place within 120 days of inception of pregnancy/before the period of breathing the soul according to most of hanfiates, shafiates and hanbliates. in 1998, the egyptian grand shiekh of al azhar, muhammad syed tantawi, issued a fatwa that unmarried woman who had been raped should have access to abortion. in same year, islamic supreme council of algeria also allowed abortion in case of rape. however, majority of jurists strictly prohibit abortion after 120 days 54 al bukhari muhammad ibn ismail, al jamia al sahih, hadith no 6594 (cairo: almaktaba al-salafia, 1400ah) 55 ibn abidin, minhat al khaliq (beirut: darul kitab al-ilmiya 1997) 3:215. 56 al-bahuti, sharh muntaha al-iradat (madina: al-maktaba al-salafia n.d) 1:115. 57 al-ramli, nihayat al-muhtaj (beirut: dar ul kutab al ilmia 1993) 8:442. 58 ibn majah abu abdullah muhammad ibn yazid ibn majah, sunnan ibn majah (beirut: darul kutub al-ilmiyya, 1998) 2:784. 59 ibn juzayy abu al-qasim muhammad ibn ahmed al-kalbi, al qawanain al fiqhiyya, muhammad amin al-dinawwi(ed) (beirut: darul kutub al-ilmiyya, 1998) 141. 60 al dardi abu al barkat ahmed ibn muhammad, sharh mukhtasar khalil (cairo: dar al-maarif 1986) 2:267. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 63 of inception irrespective of the fact that a woman was raped, except saving the life of the mother. 6. marital rape the term marital rape is commonly used by the feminists who refer it non-consensual intercourse within marriage. this term does not exist in the works of classical jurists and it has been exported from the west. according to islamic law rape is adultery by force, but if the woman is his wife, it cannot be termed as rape. islam does not recognize women as a property of man but describes man and his wife as (libas) garment for each other. the marriage between man and women is a contract that legalize their cohabitation after paying her dower but if this cohabitation take place without the consent of wife it does not constitute rape. marital rape does not exist in islam but it does not mean that a man has an absolute sexual right over his wife’s body whenever he wants. islamic scholar ,dr wahbah uz-zuhaily says that marriage is the legalization of enjoyment with a women in having intercourse, kissing and other, if that women is not the forbidden women due to blood relation, breastfeeding or marital relation61. islam urges both parties to be always welcoming to meet the other party’s sexual demand and need. in islam to meet the sexual needs of each other is praise worthy act. refusal on the part of women is deemed a sinful act. the holy prophet (pbuh) says that even when they are riding on the back of camel, when the husband asks her, she must give62. according to islamic jurisprudence, sexual intercourse is both right and duty of husband and wife. maliki school believes that sexual intercourse is compulsory between husband and his wife if there would be no excuse63. shafi says that sexual intercourse is spouse’s right64. according to hanbli jurists husband and wife should do love making once in every four month if there would be no excuse65. similarly ibn qudama opines that a man should spend one night in 4 month with his wife66. ibn taymiyah says that it is obligatory for the husband to have intercourse with his wife as much as it is 61 wahbah uzz|uhayli, al-fiqh al islami wa adilataha, (4th edn, damascus: darul fikr 1997) 9:6513. 62 al-baihaqi, al-sunan al-kubra, hadith no 14714 (3rd edn, beirut: daral-kitab al-ilmia 2003) 7:478. 63 ibn juzzay (n 59) 350. 64 sayyid sabiq, fiqh as sunnah (3rd edn, beirut: darul kutub al-arabi 1997) 2:188. 65 al-bahuti, kashf ul qana (beirut: darul kutub al-ilmiyyah, 1983) 5:192. 66 ibn qudamah (n 2) 7:28. see also ibid 3:144. s. shahid 64 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) needed to satisfy her.67 thus, there is consensus among jurist that sexual intercourse is a right as well as duty of husband and wife and they should not refuse without reason. however in the following situations, islam commands both parties to refrain from cohabitation. in the following situation islam gives women absolute right to refuse, even husband request it. first, during menstruation period68. second, during the day time of ranadan69. third, when she is performing umrah or pilgrimage. fourth, when husband put away his wife by likening of her backs to the backs of his mother(zihar)70. fifth, when foetus in her womb is in advance stage. sixth, during her parturition period. seventh, when husband is suffering from contagious or sexually transmitted disease. eighth, when wife is mentally or physically unfit. except these conditions wife is commanded not to refuse. some religious scholar use the term “tamkin khas” which means that wife should submit herself to her husband whenever he desire if there would be no excuse71. this means if women refuse to have sex with her husband, he does not have to pay his wife maintenance, clothing and lodging. some scholar gives husband an unlimited right over his wife’s body. they based their argument on the following verse of the holy quran and saying of holy prophet(pbuh) the holy quran reads: “women are your field; go’ then, into your field as you please”72. similarly, the holy prophet (pbuh) in his final sermon which was delivered during the hajj of year 632c.e said “if (they) abide by your rights then to them belongs the right to be fed and clothes in kindness”73. however, the holy prophet (pbuh) interpreted above-mentioned verse that one is free to have sexual intercourse with his wife, in any position, as long as it is vaginal.74 this interpretation shows that husband has no absolute right over the body of her wife. it is also saying of holy prophet (pbuh) “no one among you should have sex with his wife like animal”.75 67 ibn taymiyyah, al ikhtiyarat al fiqqiyyah min fattawa ibn taymiyyah, ( available at https://www.quoro.com/what-islams-stance-on-marital-rape. 68 al-quran 2:222. 69 al-quran 2:187. 70 al-quran 58:1-4. 71 international approaches to rape, breaking the silience :rape law in iran and controlling and women’s sexuality (2011)briston university press 137. 72 al-quran, 2:223. 73 abu daud sulaiman bin al ashath bin ishaq al sajistani, sunan abu daud, hadith no 2177, vol 3 (damascus: dar ar risalah al-alimah 2009) 74 abu hamid imam muhammad gazali, ahya ul uloom, faiz ahmed awaisi(ed) (lahore:shabbier brothers) 2:95. 75 tahzib ul ihya 3:110. see also imam gazali (n 74) 2:94 sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 65 the holy prophet (pbuh) is reported by abu hurairah(ra) to have said: “if a man invites his wife to sleep with him and she refuse to come to him, then the angels send their curse on her till morning”76. this hadith shows that even when women refuse without any reason, the husband should not use violence. if husband uses violence upon his wife to having sex with him, he cannot be charged with rape. in islamic law a husband can only be charged with committing rape when he forces sexual intercourse upon unlawful women. it is suggested that if women refuse without any reason then man should convince her mind voluntarily by setting a romantic atmosphere and by being affectionate rather than forcing her or falling upon her like an animal. 7. punishment of rapist in islam a. hadd of zina all jurists agree that in non-consensual sex, perpetrator is only liable for punishment whereas victim is exempted from criminal liability. however, as quran does not directly deal with rape, hence, jurists disagree over the issue of the punishment of rape. classical jurists did not consider rape and zina as separate crimes rather rape was considered as the subset of zina. majority of classical jurists agree with inflicting the hadd penalty of zina to a convicted rapist. those jurists who considered rape as a subset of zina are of opinion that punishment for the offence of rape is stoning to death for the married and 100 lashes for unmarried.77 if fornicator is slave then he/she will receive half the punishment of free person that is 50 lashes, irrespective of the fact that whether he/she is married or not78. however, there disagreement exists over issue whether the punishment of banishment and financial compensation may be awarded to rapist besides awarding him the hadd of zina( it will be discussed in next section). similarly, there is consensus among majority of classical jurists that non-married perpetrator is exiled for one year besides awarding him punishment of 100 lashes;79 however, they are disagreed over the issue whether or not married person would be awarded 100 lashes before awarding him the punishment of stoning to death (rajm). holy prophet(pbuh) is reported by salma bin muhabbiq to have said :“there is 100 lashes and one year of exilement for non-married man/women and if married person commit such act he/she will awarded 100 76 al bukhari muhammad bin ismail, al jami al sahi , hadith no 3237. 77 al-bukhari muhammad bin ismail, al jami al sahi , hadith no 6815, 5270 and 2314. 78 ahmed bin hanbal, musnad ahmed bin hanbal, hadith no 820. 79 al-bukhari, al jami al sahi, hadith no 2314. see also ahmed bin hanbal, musnad ahmed bin hanbal, hadith no 22114. s. shahid 66 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) lashes before stoning him/her to death(rajm)80. for this reason, hanbli jurists maintained that married person must be awarded 100 lashes before stoning him to death81. whereas, imam malik and imam shafi held that hadd punishment of zina for married person is only stoning to death(rajm)82. however, all traditional jurists are on same page regarding the rajm of married person (muhsan) and they based their opinion on the following hadith of holy prophet (pbuh) narrated by ibn masud: “a muslim should not be killed except for three offences: adultery committed by married person, a murderer and apostasy83 those jurist who apply hadd of zina for convicted rapist based their argument on the practice of prophet (pbuh) and caliphates. their argument is based on the fact that rape involves the right of allah and the right of an individual, as the right of allah takes precedence, therefore, convicted rapist will receive hadd of zina. abu alqama reported: a woman went out to pray during the time of the prophet (pbuh) and she was met by a man who attacked her and raped her. that man was brought before the holy prophet (pbuh). she said, “this man has molested me!” the holy prophet (pbuh) condemned him to death whereas the woman was not awarded any punishment84. similarly, during the reign of hazrat abu bakar(ra) a man was invited as a guest of the family of a household, and then he forced himself upon a woman among them. it was referred to abu bakar(ra), so he flogged him and expelled him, and he did not flog the woman85. umar ibn al-khattab (ra) was presented with a servant girl who was raped by slave man. hazrat umar(ra) flogged the man and he did not flog the woman86. all jurists have consensus on this issue that if man forcefully commits zina with a slave girl who is not in his ownership he will receive hadd of zina. if aggressor is, however, a slave man he will receive hadd of zina which is 50 lashes regardless of his marital status.87 similarly, if a man 80 ahmed bin hanbal, musnad ahmed bin hanbal, hadith no 16005. 81 ahmed bin hanbal, musnad imam ahmed bin hanbal, abbas anjum and other(eds) (ansaar al sunnat publicationers n.d) 481. 82 ibid. 83 al bukhari muhammad ibn ismail, al jami al sahi , hadith no 6827 (cairo: al-maktaba al-salafia, 1400ah). 84 ahmed bin hanbal, musnad ahmed bin hanbal, hadith no 19078. sunnan al-tarmidi, hadith no 1454. 85 mussanaf ibn abi shybah, hadith no 29013 available at <//https:www.abuaminaelias.com/there-is-no-theology-of-rape-in-islam>accessed on 8 oct 2020. 86 imam muhammad hassan shaybani, sharh muwatta imam muhammad, muhammad ali(ed) (freed book stall lahore) 2:659. 87 ahmed bin hanbal, musnad ahmed bin hanbal , hadith 1142. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 67 forcefully acquired a slave girl and then has intercourse with her thereafter, and he is not ignorant, the slave girl is taken away from him, he is fined, and he is punished for adultery88. majority of classical jurists held if rapist rape the free women, slave women, captive women or non-muslim women (dimmi) ,he would be awarded hadd of zina whereas victim women is exempted from hadd punishment. b. hadd of hirabah according to some modern muslim jurists rape should be classified as hirabah crime because unlike hadd of zina it does not require strict evidentiary procedure. it is consensus among the jurists that the law of hirabah is extracted from the verse of quran that reads: “indeed ,the penalty for those who wage war against allah and his messenger ,and strive upon earth [to cause] corruption is none but that they be killed or crucified or that hands and feet be cut off from opposite sides or that they be exiled from the land”89 however muslim jurists disagree on whom this verse was revealed. according to malik and shafi this verse was revealed on group of muslim90. according to ibn-umar this verse was revealed for apostates91. according to some jurists this verse was dedicated to uraniyyin who killed a shepherd and took away his camel. anas bin malik is reported as saying: some people from urayna (or ukil) tribe came to madinah after accepting islam they acquired an illness due to the climate, for which the arabs used to drink milk and urine of camel as medicine.the holy prophet (pbuh) allowed them to go to the herds of camels for their medicine. after recovering from their illness, they killed the shepherd and drove away the camels. the prophet (pbuh) ordered their hands and feet cut off, their eyes branded with heated pieces of iron, and they were left in the desert92 . however, according to some jurist after this incident allah (swt) prescribed the punishment for those who wage war against allah and his messenger and forbidden the holy prophet (pbuh) to punish the perpetrator of hirabah crime other than these punishments. modern jurist’s line of reasoning behind the incorporation of rape in hirabah crime is to avoid strict evidentiary procedure to prove zina. not only modern jurists but few traditional jurists have also considered rape as a hirabah crime. ibn arabi 88 shafi, (n 9) 3:254. 89 al-quran 5:33. 90 ibn qudamah (n 23) 7:302. 91 ibid. 92 al-bukhari, al-jamai sahi, hadith no 577. s. shahid 68 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) relates a story in which a group was attacked and women in their party raped. when this incident was brought to trial, some people claimed that this case was not hirabah, because hirabah can only involve property. in responding to this argument, ibn arabi asked “was not rape worse than robbery? ibn arabi justified that “people will not usually fight to protect their property if their lives are in danger but fight in same situation if their wives or daughters are going to be raped or their modesty is being outrages”93. ibn hazm defines hirabah as “one who puts people in fear on the road, whether or not with the weapon, at night or day, in urban area or in open space, in the place of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people making fear that they will be killed, or have money taken, or be raped, whether the attackers are one or many.94 modern scholar asifa qureshi says: “sharia shows that the crime of rape is classified not as a sub-category of zina, but rather as a separate crime of violence under hirabah. this classification is logical because the “taking” is of the victim’s property (the rape victim’s sexual autonomy) by force. it is logical then, that the islamic law would classify the taking by force of some one’s right to control the sexual activity of one’s body as a form of hirabah. moreover, hirabah does not require four witnesses to prove the offence. circumstantial evidence and expert testimony, then, presumably form the evidence used to prosecute such crime. in addition to using eye witness testimony, medical data and expert testimony, a modern hirabah prosecution of rape would likely take advantage of modern technological advances such as forensic and dna testing”95. jurists who assert that rape is a hirabah crime base their argument on the opinion of malik. hirabah is defined by malik as” the act of terrorizing people for the purpose of robbery or other purposes96. ismail bin muhammad also share the opinion of malik that hirabah is the act of terrorizing the people who terrorize in dar ul islam (abode of islam), either by killing people, robbery, rape or destroying their farms97. however, according to abu hanifa, shafi and ahmed, the crime would not be considered as hirabah as long as offender does not use any weapon. 93 ibn al-arabi muhammad ibn ahmed, ahkam al-quran (cairo: isa al-hlabi 1958) 2:247. 94 ibn hazm abu muhammad ali ibn ahmed, kitab al-muhalla bil athar (beierut: darul kutub al-ilmiyya 1988) 11:308. 95 asifa qureshi ,’her honour:an islamic critique of the rape provisions in pakistan’s ordinance on zina (kuala lampur : islamic book trus 2002) 19. 96 al ramli shamas al din muhammad, nihayat al-muhtaj ila sharah al minhaj (cairo: matba mustafa al halabi 1938) 8:2. 97 ismail muhammad bakar, al fiqh al wadih bayan al kitab wa al sunnah (cairo: dar ul manar 1990) 2:257. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 69 similarly, malkiates and ibn hazn are of opinion that in order to put rape in the domain of hirabah it is necessary that the perpetrator must have used weapon or force against the victim98. hence, it seems from the opinions of these jurists that where weapon is used against victim in pursuance of rape then perpetrator may be awarded hadd punishment of hirabah. in this way, unlawful sexual intercourse with underage women, sexual intercourse by fraud or sexual intercourse with women who is in a deep sleep will not be dealt under hirabah offence. c. ta’zir the punishment for the hudood offences is fixed by the quran or hadith. qisas allows equal retaliation in cases of intentional bodily harm, while tazir refers to punishments applied to the other offences for which no punishment is specified in quran or hadith. tazir refers to the punishment for offences at the discretion of judge or ruler of the state. some modern jurists assert that, the quran does not directly deal with rape; therefore they consider rape as tazir offence. c. juridical issues emanating from forced sexual intercourse 1. issue of circumstantial evidence when unmarried pregnant women claim rape there is disagreement among jurists regarding the issue of unmarried pregnant women who claim rape. according to imam abu hanifa pregnancy of unmarried women may be regarded as a proof of zina . however, he also states that an unmarried pregnant woman who claims that she was forced to have sex is not liable for hadd punishment, and she will not be required to prove coercion or identify her attacker99. his argument is based on the practice of hazrat umar(ra). a pregnant unmarried woman was charged with zina. she claimed that she was raped. hazrat umar (ra) dropped charge against her because of doubt and predicated his reason on the saying of holy prophet (pbuh): “dismisses the hadd if there is an element of doubt”100. whereas, imam malik states that pregnancy of unmarried women is sufficient to proof zina . however, unlike the opinion of abu hanifa ,imam malik asserts: ”a women who is found to be pregnant and has no husband and 98 ibn hazn, al-muhallah (beirut: darul kutub al ilmia 1988) 11:308. 99 ibn qudamah, al-mugni ala mukhtassar al-kharaqi (cairo: darul kutb al-ilmiyyah 1994) 8:129. 100 sunan ibn majah, hadith no 2545. s. shahid 70 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) she says that she was forced to have sex ,is not to be accepted and the hadd will be inflicted on her unless she comes with bleeding or injury, or give evidence of calling for help from someone who saw her in that state. if she does not produce such evidence, her claim that she was raped will not be accepted and she will be charged with hadd of zina.”101. malik based his opinion on the position of hazrat umar(ra). hazrat abdullah bin abbas (ra) narrates the saying of hazrat umar (ra) that a fornicator who is legally married is liable for the punishment of stoning to death (hadd) when proof is established or if there is pregnancy or confession102. both jurists agreed that circumstantial evidence such as pregnancy of unmarried women is an admissible proof to convict her of hadd of zina as long as she does not claim rape(under hanfi jurisprudence) or does not produce evidence of being raped(under malki jurisprudence). they rely on the statement of hazrat ali(ra):”o people! actually there are two types of adultery: hidden adultery and apparent adultery. hidden adultery must be proved by eyewitnesses. apparent adultery is when pregnancy is obvious”.103 however, both are agreed that in such situation perpetrator cannot be awarded hadd of zina unless four muslim male eye witnesses give testimony against the perpetrator. it means that circumstantial evidence such as dna, cctv and other modern technologies can be used to exempt unmarried pregnant women from hadd punishment of zina if she claims of rape, but not to convict rapist for hadd of zina. some modern scholars hold that opinion of imam malik regarding unmarried pregnant women does not take into account the modern medical advancements such as artificial insemination and it unfairly places the burden of proof upon women104. it is, however, unreasonable for unmarried pregnant women to conceal her pregnancy till the pregnancy is made public. pregnant women can notice her pregnancy in 2nd or 3rd week following the incident. majority of jurists held that women are permitted to abortion within 120 days of inception of pregnancy. similarly, malkiates also permits women to abort within 40 days of inception. furthermore, pregnancy remains a private matter unless three months have elapsed. therefore, as islam permits her to abort within 120 days, unmarried pregnant women cannot be justified to claim rape after making the pregnancy public. 101 imam malik bin anas, muwatta, allama abdul hakeem akhtar (ed) (fareed book stall lahore) 720. 102 ibid. see also al-bukhari, jami al-sahih, hadith no 2462. 103 ibn-qudama (n 99) 10:193. 104 asifa qureshi , her honour: an islamic critique of the rape provisions in pakistan’s ordinance on zina (1999) 38(3) islamic studies. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 71 it is suggested, in case of rape both the right of allah (swt) and the right of individual are violated, hence, for the realization of the right of individual circumstantial evidence can be used to convict the rapist under syasah/tazir offence but not under hudood offence. however, as hadd of zina falls in the domain of ‘right of allah’ therefore rapist cannot be awarded hadd of zina unless four muslim male eyewitnesses give testimony against him. similarly, in case of voluntarily fornication only the right of allah is violated, therefore, it can only be proved with the testimony of four muslim male eye witnesses. unless fornication is committed in front of four muslim male people, fornication remains a matter between allah (swt) and sinners. therefore, neither circumstantial evidence nor less than four witness can prove the zina whether consensual or non-consensual .however, when unmarried pregnant women makes her pregnancy public, she violates the right of allah.105 therefore, for the realization of the ‘right of allah’ circumstantial evidence such as pregnancy can convict her for the hadd of zina 106 unless she claims of being raped or proves that she was raped under hanfi and malki jurisprudence respectively. undoubtedly, circumstantial evidence such as pregnancy of unmarried women cannot convict her of hadd of zina in case she claims of rape, if hanfi jurisprudence is applied. however, making pregnancy public by unmarried women also falls in the domain of ‘right of community’. therefore, for the realization of right of community/public the state has a right to convict her under syasah/tazir offence. in this way, the state has also the right to pardon her after taking into account some factors such as mental capacity of unmarried pregnant women, geographic disadvantage, confinement or physical disability. 2. forced sexual intercourse with pre-pubertal child girl or insane women there is consensus among all classical jurists that a man who commits sexual intercourse with minor girl (who has not attained the age of puberty) or insane women is liable for hadd punishment of zina107. however there is disagreement among classical jurists regarding the issue of child girl who is pre-pubertal or is not yet sexually attractive. majority of traditional jurists held that if child girl is too minor that she is not yet sexually attractive then 105 it is clear from the statement of hazrat umar (ra)and hazrat ali (ra) that pregnancy of unmarried women is also a mood of evidence in case of hadd of zina. see above footnotes 102 and 103. 106 ibid. 107 ala al-din al-kasani, badai al-sanai fi tartib al-sharia, dr mehmood ul hassan(ed) (hatif art press lahore, 1997) 7:102. s. shahid 72 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) that sexual intercourse does not amount to zina, hence, perpetrator is not liable for hadd of zina. according to abu hanifa sexual intercourse with a minor girl who is too minor does not constitute zina and the perpetrator is liable for tazir punishment108. rape of child girl may cause internal laceration and bleeding, in severe cases, damage to the internal organ may occur which may cause death109. penile penetration may be used as a tool of death in case of child girl. according to abu hanifa it does not constitute to zina but worse than zina. abu hanifa‘s opinion is in line with common reason that rape of child girl is only committed by habitual offender, therefore , death punishment as tazir or syasah appears more appropriate punishment than awarding the nonmarried offender mere 100 lashes. 3. women forces minor, insane or unlawful coerced man to have sexual intercourse there is disagreement among jurists regarding the issue of women who forces an unlawful man to have a sex with her. jurists also disagree over issue of punishment when women voluntarily commit sexual intercourse with insane or minor. abu hanifa and imam muhammad opine that voluntarily illicit sexual intercourse of women with minor or insane does not amount to zina hence not liable for hadd punishment of zina 110. as far as issue regarding the voluntarily sexual intercourse of women with unlawful coerced man is concerned, iman muhammad unlike the opinion of abu hanifa exempts her from the hadd punishment of zina111. it is because, to imam muhammad, the exemption of hadd punishment to coerced man also exempts women from hadd punishment irrespective of the fact that women commit such illicit act voluntarily112. whereas, imam shafi, imam malik and iman hanbal provided that a women would be punished for the hadd of zina if she forces insane ,minor or adult coerced man to commit sexual intercourse with her113. 4. punishment of non-muslim rapist 108 al-sarakhsi (n 18) 9:86-87. 109 rape and the girl child (2015) 14(1) iosr journal of dental and medical sciences. 110 al-kasani (n 107) 7:102. 111 ibid. see also imam muhammad hassan shaybani, muwatta , allama muhammad ali(ed), (roomi publishers and printer lahore 2005) 2:607. 112 al-kasani (n 107) 7:102. 113 burhan al-din al-farghani al-marghinani, (al-hidaya)ahsan ul hidaya, mufti abdul haleem qasmi(ed) ( little star printers lahore 2004) 6:245. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 73 due to globalization and prevalent human rights conventions, muslim states have to deal with the issue of non-muslim rapist with extra cautious. there is also wide range of dispute among classical jurists regarding issue of non-muslim fornicator who commit such act with muslim or non-muslim within muslim state. in order to determine the legal jurisdiction of muslim state, classical muslim jurists categorized the world into dar ul islam(domain of islam) and dar ul harb/kufr (domain of non-muslim). similarly, nonmuslims in muslim state are categorized into dimmi (permanent resident of muslim state) and non–dimmi/harbi (temporary resident of muslim state). the former are those who are nationals of the muslim state while the latter consist of foreign non-muslim investors, tourists, ambassadors and students. abu hanifa maintained that muslim as well as dimmi is liable for hadd punishment of zina within muslim state114. similarly, abu yousaf and imam muhammad also shared the opinion of abu hanifa115. whereas, imam shafi , malik and imam hanbal held that non-muslim, whether be dimmi or harbi, cannot be awarded hadd punishment of zina rather the perpetrator will be dealt under tazir offence116. imam malik further maintained that if non-muslim man uses force against muslim women for sexual intercourse then he would be liable for death punishment as tazir.117 according to international law, rapist ambassador is immune from the punishment of receiving state but receiving state can ask him to left the country by declaring him persona non grata. foreign direct investment and tourism is an economic asset of the country. as, fdi and tourism has a major contribution in the country’s gdp, therefore, awarding hadd punishment to ambassadors, foreign investors and tourist may result in deindustrialization and diplomatic isolation of the country in global arena. as far as hadd punishment of foreign non–muslim is concerned, like malki, shafi and hanbli school ,abu hanifa and imam mohammad also exempts temporary non-muslim foreigner(such as, investor, tourist , ambassador) from hadd punishment of zina 118. in this way, awarding tazir punishment to foreign non-muslim rapist is, undoubtedly, in line with the opinion of all classical jurists except abu yousaf . moreover, it will deter the foreign nonmuslim tourists, students and investors to commit rape as well as it will serve the national interests .however, non-muslim rapist who is permanent resident of muslim state may be awarded hadd punishment of zina. 114 al-kisani (n 107) 7:104. see also allama gulam rasool saeedi ( n 44) 8:46. 115 ibid 7:104. see also marginani, (n 113) 6:244. 116 allama gulam rasool saeedi, (n 44) 8:48. 117 ibid. 118 al-kasani ( n 107) 7:104. s. shahid 74 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 5. issue of incest rape in the last few years occurrence of incest rape is being exposed by the police and media. muslim jurists prescribe strict punishment to a person who commits sexual intercourse with the women of prohibited degree because committing such act rapist crosses the threshold of human being. according to abu hanifa a person who commits such act deliberately is liable for death punishment as tazir119.he based his opinion on the narration of hazrat abdullah bin abbas. hazrat abdullah bin abbas(ra) narrates the saying of holy prophet (saw) that whoever deliberately commits sexual intercourse with the women of prohibited relation would be liable for death punishment120. according to abu hanifa if any man contracts marriage with women of prohibited relation and does not consider it wrong, he commits irtidad (apostasy), therefore, he would be liable for exemplary punishment as tazir121. however, if he was ignorant then such sexual intercourse with prohibited relation does not amount to zina but he would be liable for tazir punishment that will be less than hadd punishment122. abu yousaf and muhammad, unlike abu hanifa, assert that he would be liable for the hadd of zina even though he know that a woman falls in the prohibited degree123. imam malik and imam shafi also share the opinion of abu yousaf and muhammad124. however jurists are still grappling with the issue of coerced incest rape. it does not make sense that a person can commit such act with women of prohibited degree under coercion, not mentioning willful act. only habitual offenders or those who have crossed the threshold of humanity commit such act. therefore, abu hanifa’s opinion seems to be more appropriate that such offendor must be sentenced to death as tazir in order to protect the family system. 6. sexual intercourse with dead women (necrophilia) 119 allama gulam rasool saeedi ( n 44) 8:44. 120 abu jafar al-tahawi, sharah maani al-athar, mawlana shammas ud deen(ed) ( maktabat ul ilam publishers lahore 2012) 3:398. see also musnad imam ahmed bin hanbal , hadith no 2727. 121 ibid 3:394. 122 ibid 3: 396. see also gulam rasool (n 44) 8:47. 123 ibid. 124 ibid. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 75 sexual intercourse with dead women has been occurring all over the world and an islamic state is not immune from it. the corpse is not a thing to be desired because it generates feeling of disgust, let alone having coitus with it. although, mere thought of committing such act induces nausea and loathing but a person who is in state of inceldom or in strong grip of taking revenge may commit such unnatural act without any feeling of disguise. in spite of the fact that such act was uncommon during the time of classical jurists, they did not shy away from discussing such unnatural act. however, whether the sexual penetration of a corpse constitutes a rape has never been settled by classical jurists. according to abu hanifa only a sexual intercourse with living women constitute zina, hence, the culprit would not be liable for hadd of zina rather he would be awarded as tazir punishment125. malik and shafi asserts that it is parallel to commit sexual intercourse with living women, thus, he would be liable for hadd of zina126. as, i have already stated that a normal person has no stomach to commit such act, only serial criminal and habitual rapist commit such act. abu hanifa gives a discretionary power to a ruler or judge to prescribe punishment for such offence. therefore, death punishment as tazir or syaysah seems to be appropriate punishment for such offender after taking into account the brain chemistry of the accused. 7. sodomy there exists a wide range of disagreement among classical jurists over islam’s position on homosexuality and anal intercourse. all jurists agreed that homosexuality or anal intercourse is a punishable offence. however, whether such act constitutes to zina or not is a reason behind their disagreement over the issue of the punishment of this offense. the hanfi school did not declare sodomy or anal intercourse to be haddod crime127. abu hanifa was of opinion that sodomy (liwat) with a man or anal intercourse with women does not constitute zina, hence, perpetrator or both would be liable for tazir punishment128. however, abu yousaf , muhammad and imam malik considered sodomy with a man or anal intercourse with women to be an extension of the hudood crime of zina129.according to these jurists perpetrator should be punished in the same way as an adulterer. they were 125 gulam rasool (n 44) 8:45. 126 syed ameer ali(ed), fatawa alamgiri (maktabah rehmania) 3 :255. 127 al-kisani (n 107) 7:102. 128 al-marginani, (al-hidaya)ayen ul hidaya, syed ameer ali(ed) (maktabah rehmania 1992) 2:544. 129 al-kisani (n 107) 7:103. s. shahid 76 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) of opinion that in this case perpetrator should be stoned if he is married and flogged if he is not married130. imam shafi took sterner position against the offender and prescribed death punishment as syasha for the offender of sodomy.131 however, he was of opinion that if a man commit anal intercourse with women then he would be liable for hadd of zina132. majority of classical and modern jurists agree that the evil consequences of sodomy (liwat) are among the worst of evil consequences; hence, its punishment must be one of the most severe of punishment. the holy prophet (pbuh) prescribed death punishment for a person who commits sodomy.133 it means that if a person coerces another person for sodomy he may be punished according to the opinion of imam shafi. however, the modern scholars may grapple with the issue when a woman is forced for anal intercourse. as jurists considered this act not more severe than sodomy, therefore, imam abu hanifa’s position seem to be appropriate that perpetrator is liable for tazir punishment while women would be exempted from punishment. abu hanifa predicated his opinion on the saying of holy prophet (saw) that: avoid flogging and applying the death penalty upon muslim as much as you can134. 8. financial compensation and imprisonment whether the convicted rapist has to pay a dower (mahr) and financial compensation besides being awarding him sentence of hadd penalty is another complex issue which modern jurists have to grapple with. issue of imprisonment has also remained a center of dispute among classical jurists due to the fact that holy prophet (pbuh) imposed punishment of exile rather than imprisonment. it is reported by zaid bin khalid (ra) and saeed bin mussayib(ra) that holy prophet (pbuh) exiled the non-married fornicator for one year after awarding him hadd punishment of zina135. however, abu hanifa believed (jassas writes) that punishment of exile was not hadd rather as tazir136. abu hanifa held that besides awarding hadd punishment of lashes to unmarried rapist, it is the discretion of the ruler to determine whether or not fornicator is exiled but he is not liable to pay dower for unlawful sexual intercourse137. he further maintained that if rapist causes 130 ibid. 131 al-marginani (n 128) 2:544. 132 ibid. 133 ibid. see also musnad imam ahmed, hadith no 2727. see also sunan abu daud, hadith no 3362. 134 sunan al-kubra, hadith no 15686. see also abu yousaf (n 22) 403. 135 al-bukhari, jami al-sahih, hadith no 2314. see also musnad imam ahmed bin hanbal, hadith no 16005. 136 al-jassas, ahkam ul quran ( beirut: dar ul fikr n.d) 3:257. 137 al-thawi (n 120) 3:356. see also imam muhammad, muwatta, 2:614. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 77 damage to her sex organ then he will be liable for one-third of diya; however, in case of pelvic floor dysfunction (complete damage of her sex organ and urinary tract) the rapist is liable to pay full diya.138 abu hanifa also asserts that if women dies due to the violence of rapist, perpetrator will pay full diya( blood money)besides being liable for hadd penalty139. similarly, imam muhammad also maintains that after imposing hadd punishment of zina, rapist would not be asked to pay dower140. however, majority of malkiates and shafiates hold that a rapist will also be liable to pay dower. malik asserts that rape involves the right of allah and the right of individual and these must be dealt with separately141. imam shafi held that besides paying dower a rapist is also liable to pay arsh (monetary compensation for causing harm) if he has caused injury to the hymen of virginity and he would also be exiled for one year142. as far as issue of compensation for injury to prepubertal child girl is concerned, sarakshi (hanfiate jurist) asserted that besides paying dower perpetrator will be liable to pay one-third of diya for causing jurah jaifah(causing minor damage to her sex organ); however, in case of pelvic floor dysfunction (complete damage of her sex organ and urinary tract) of the victim, perpetrator is liable to pay full diya143. islam allows the victim to receive monetary compensation in case of injury. women can receive monetary compensation if her hymen is ruptured but women who have an inborn lack of hymen or extra elasticity of hymen may be deprived from receiving monetary compensation. therefore, shafi’s opinion is appropriate that victim must receive payment of dower irrespective of the fact whether hymen was ruptured or not; however, if hymen is ruptured then rapist would also be liable to pay financial compensation for causing harm to the hymen of victim. as financial compensation falls within tazir punishment, therefore, a ruler or judge is only competent authority to determine the amount of dower and financial compensation for harm. as far as punishment of exile is concerned, majority of classical jurists believed that such punishment was imposed on unmarried fornicator during the time of holy prophet (pbuh). however, under international law no any state is authorized to revoke the nationality of its national unless he possesses dual nationality, hence, punishment of exile is impractical in modern states. although, islam does not prescribe 138 syed ameer ali, fatawa alamgiri, (maktaba rehmania) 3:257. 139 ibn abidin, hashiat radd al mukhtar (beirur: darul fikr 387 ah) 4:30. 140 imam muhammad (n 111) 2:659. 141 malik ibn annas ( n 6) 4:401. 142 marginani, (al-hidaya) sharha hidaya, alama muhammad liaqat ali rizvi(ed) (shabbir brother lahore 2012) 8:266. 143 al-sarakhsi, (n 18) 9:86. s. shahid 78 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) imprisonment as punishment of fornication but prison facilities were also established during the time of hazrat umar (ra). it means sentence to imprisonment may be taken as an alternate to exile punishment. as, classical jurists unanimously agreed that punishment of exile is a tazir punishment, so ruler/judge may determine the duration of imprisonment according to the modus operandi of crime and the previous criminal record of the rapist. sentence to imprisonment is awarded in order to reduce the recidivism, therefore, awarding life imprisonment or languishing the non-habitual offender more than one year in prison tends to injustice both the victim and the accused because mere putting the accused behind the bar does not serve preventive as well as retributive function. islam prescribes punishment of lashes to the rapist so he feels pain in whole body because by committing rape he had gratified his whole body. moreover, islam prescribes that an accused must be given an opportunity to mend his way of life after inflicting him corporal punishment. as allah (swt) says: allah accepts the repentance (toba) of those who do evil in ignorance and repent soon afterwards; to them allah (swt) turn in mercy144. 9. appraisal it seems from the above discussion that majority of classical jurists assumed rape as a subset of zina, therefore, they prescribed the punishment of rape same as that of zina. according to them, however, a person who is coerced, whether man or women, is exempted from hadd punishment of zina. majority of classical jurists stick to the point that zina, whether forced or voluntarily, cannot be proved unless perpetrator confesses or four muslim male eye witnesses give testimony. it means that evidentiary procedure to prove rape is same as that of zina, hence, issue of proving rape has been remained a center piece of dispute among muslim jurists. as proving rape through the testimony of four muslim male eye witnesses who qualified the benchmark of tazkia is near to impossible, therefore, we are left with three other options to convict the rapist. however, these three options also reflect some conflicting issues. according to minority of muslim jurists hadd punishment of zina can be awarded to rapist on the basis of circumstantial evidence. their opinion is predicated on the practice of holy prophet (pbuh) and the opinion of imam malik. during the time of holy prophet (pbuh) a women went out for offering the fajar prayer. on the way she was raped. a group of muhajreen reached at the place of incident after hearing the screaming of women. they caught a person and brought him before her. she 144 al-quran 4:17-18. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 79 said: “yes, he is an attacker”. the accused was brought before the holy prophet (pbuh). when the holy prophet (pbuh) ordered that accused be stoned to death, the real culprit (who actually committed the act) stood up and said “i have committed such act with her”. the holy prophet (pbuh) said to the women: “go allah has forgiven your mistake “145. this case tells that the accused was about to be stoned to death on the basis of circumstantial evidence. however, according to some scholar that punishment was under syasah for which circumstantial evidence can be admitted. one thing that is clear from this case is that women was not awarded hadd of qadaf (slander) and the accused was about to be stoned to death on mere compliant of women. in imam malik’s opinion pregnancy of unmarried women is sufficient prove of zina unless she proves that she was raped or is married. malik’s opinion, to some modern muslim scholar, implicitly states that in the presence of circumstantial evidence perpetrator of rape can also be awarded hadd of zina. however, majority of muslim jurists consider that rapist cannot be awarded hadd of zina mere on the basis of circumstantial evidence, according to them; perpetrator is not liable for hadd of zina unless four pious muslim male eye witnesses testify the actual act of intercourse or perpetrator confesses in four different court meetings. therefore, in order to bring the jurists of all school of thought on the same page it is suggested that in case perpetrator evade huddod punishment, he may be prosecuted under tazir or syasah. before delving into further discussion it is crucial to elaborate the nature of tazir and syasah offence. some muslim jurists especially ibnnujaym wrongly presumed that as tazir is pure right of individual, therefore an accused cannot be punished under tazir offence unless two man or two women with one man give testimony against the offender146. however, it is suggested that under islamic criminal justice system tazir and syasah are used as inter changeably. for instance, qisas is joint right of allah and the individual but right of individual is pre-dominated. the holy quran reads: “whosoever killed a person without (any reason like) man slaughter, or corruption on earth, it shall be as if he had killed all mankind”147. similarly at another place the quran reads: “and there is life for you in the retaliation, o men of understanding, that you may guard yourselves148. these verses clearly indicate that killing person unlawfully violates the right of community 145 musnad imam ahmed bin hanbal , hadith no 27782. 146 ibn nujaym, al-ashbah wal-nazair (beirut: darul kutub al-ilmia n.d) 152. 147 al-quran 5:32. 148 al-quran 2: 179. s. shahid 80 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) as well. for instance, killing any person (unlawfully) endangers the survivor of whole community. in this way, even if it is accepted that two male witnesses are required to convict the perpetrator under tazir offence and the ruler is unable to manage two male eye witnesses. in spite of this, the ruler will be authorized to punish the perpetrator under syasah offence (to save the community right) on the basis of circumstantial evidence or the complainant of victim alone. abu yousaf was also of opinion that evidence of one person is sufficient for the ruler to convict the murderer149. (this paper is not meant to discuss tazir or siyasah at length). therefore, it is save to suggest that islamic criminal justice system permits the ruler to convict the offender under tazir or siyasah without out relying on two muslim male eye witness rather circumstantial evidence or complaint of victim alone will be sufficient to punish the offender. however, some issues which are related to punishment of rape under tazir/syasah may become cause of dispute among muslim jurists. all jurists agreed that tazir punishment of lashes must not exceed hadood punishment. their reason is based on the saying of holy prophet (pbuh) that number of lashes must not exceed those for hudood offences150. there is no disagreement among jurists regarding death penalty as tazir/syasah, however, they do not see eye to eye regarding issue of maximum number of lashes that may be inflicted on an offender as tazir/syasah. imam abu hanifa and imam shafi have made consensus that rapist may be awarded death punishment as tazir/syasah . however, there disagreement exists over the issue of lashes. according to abu hanifa and imam mohammad the punishment of lashes under tazir must not exceed 39 lashes151. imam yousaf was of opinion that punishment of lashes must not exceed 79 lashes as tazir whereas hanbliate jurist permit 99 lashes for sexual offender as tazir 152. thawi asserts that as the saying of holy prophet(pbuh) indicate that lashes may equal to hudood but not exceed the hudood punishment, therefore offender may be awarded 100 lashes as tazir153. he based his opinion on the story of nauman bin basher and umar bin shoaib. a woman told nouman bin basher that her husband had committed zina with her slave girl. she requested from nouman that her case must be decided on the sunnah of holy prophet (pbuh). nouman said that if you had allowed (halal) he to commit such act then he would be awarded 100 lashes154. 149 abu yousaf (n 22) 405. 150 al-marginani (n 142) 8:415. 151 ibid 8:414. 152 ibid 8:413. see also abu yousaf (n 22) 442 153 al-thawi (n 120) 3:387. 154 ibid. see also musnad imam ahmed bin hanbal, hadith no 18090. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 81 thawi also narrates the narration of umru bin shoaib. according to umru bin shoaib a person murdered his servant. the accused was brought before the holy prophet (pbuh). the holy prophet (pbuh) awarded him punishment of 100 lashes.155 according to thawi these 100 lashes in both cases were as tazir. therefore, it is save to presume that if 100 lashes are awarded as tazir then same lashes may be awarded as syasah, and if tazir must not exceed hudodd then syasah would also not exceed hudood. we reach to the conclusion; besides incorporating rape under hudood offence it may also be included under category of tazir/syasah offences in order to avoid strict evidentiary procedure to prove zina. however, if rape is incorporated as hirabah offence it will also require two muslim male eye witnesses to prove the hirabah. thus following the insightful story of ‘an arab and his camel’ it is better that rather than relying on strict evidentiary procedure of hudoods latest medical advancements should be utilized to convict the rapist under tazir/syasah offence rather than incorporating it under hadd of hirabah. moreover, in this way circumstantial evidence or complaint of the victim alone would be sufficient to convict the rapist. however, the question arises here: whether or not victim is liable for hadd of qadaf if she accuses any person but could not manage four muslim male eye witnesses. the holy quran reads: “that allah does not like that the evil should be uttered in public except by him who has been wronged”156. hence, the victim of rape has been allowed to complaint without any fear of hadd of qadaf. besides awarding the perpetrator life imprisonment and death penalty, he may be awarded punishment of lashes not exceeding 75 (following the practice of hazrat ali (ra)) as tazir/siyasah. in this mechanism, although victim may pardon the offender but his waiver remain ineffective as long as the ruler does not pardon the offender. similarly, the ruler cannot pardon the offender unless the victim has pardoned him. it is suggested that it seems better that non-habitual offender be awarded punishment of lashes under tazir/syasah which may be 75 lashes, however, remaining 25 lashes may be offset with increasing the severity of lashes or imprisonment. it is because, in tazir /syasah number of lashes must not exceed to huddod but their severity may be increased157. awarding punishment of lashes would serve both retributive as well as preventive function. therefore, rather than keeping the perpetrator behind the bar, he must be provided one opportunity after awarding him punishment of lashes. however, besides lashes he may be awarded sentence to imprisonment which should not be more than one year 155 al-thawi (n 120) 3:366. 156 al-quran 4:148. 157 al-marginani (n 142) 8:414. s. shahid 82 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) for non-habitual offender. however, an habitual offender and a person who commit gang rape or rape with minor should be awarded death penalty or life imprisonment as tazir/ syasah. d. national responses toward rape 1. changing societal and religious attitude our entrenched social and religious beliefs are the main reason behind the under reporting of rape crime, hence, low conviction rate. rapes myths continue to prevail in our society. rape myths are beliefs that are generally false but widely held, and that serve to justify male aggression against women158. rape victims are often blamed for provoking the incident; therefore, many victims of rape stay silent in order to avoid public humiliation. our society considers the loss of virginity by any means to be ruining marriage prospects. many religious scholars hold view that any sexual act should not be part of public discourse, according to them, openly discussing rape will affect the public morality. education and media can be proved best tools to change our social and religious attitude toward rape victim. commercialization of women’s body produces an idle environment for rape. although, media regulations have been developed, many media companies do not shy away from airing provocative content. however, if electronic and social media is used in an innovative way, they have potential to bring the issue of rape into the public discourse in order to fight the social stigma associated with victim of rape. our religious scholar must abandon notions forcing victim of rape to stay silent in order to preserve public morality. public order cannot be preserved unless perpetrator is given exemplary punishment; therefore, allah (swt) allows the wronged to openly mention his ordeal159. the quran also commands that punishment of fornicator and adulators be carried out in front of crowd. societal attitude can change with the help of media and education, but media and education alone cannot prevent the rapist to rape and victim to be raped. however, education and media can inculcate confidence in the victim to speak out about her ordeal. 2. efficient forensic examination and investigation the quality of investigation has a critical impact on the prosecution of crime. police deliberately miscode thousands of rape cases so they do not have to conduct full investigation on then. the victim and family of victim often 158 lonsway and fitzgerald, rape myths: in review, psychology of women quarterly,v 18,issue 2, 1994. 159 al-quran 4:148. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 83 have to face humiliation in police station. poor police record keeping and corruption contribute to the loss of evidence and inefficient investigation. the forensic examination is crucial to secure evidence to corroborate the victim’s version of the event. our law enforcement agencies are not adept at collecting forensic evidence. our forensic laboratories lack modern equipment, technique and experts. the determination of penetration is often conducted by outdate and disgraceful technique. forensic laboratories should be established in accordance with modern international standard and technique. our government can enter into arrangement with the uk and the usa to train personnel in our forensic department. only female forensic medical examiner should examine the rape victim because victim does not feel comfort in letting her body be examined by a male physician. special rape courts and rape investigation department should be established in every district to prosecute and investigate rape crime. rape investigation department must be given operational independence so police conduct investigation without any political interference. 3. dar ul amaan in many developed countries special rape crisis center have been established that offer expert provisions to the victim. these centers may help rape victims through investigation, medical examination and cross examination. these center may provide shelter to homeless victim and may be crucial in meeting emergency needs including food, clothing, medical and psychological counseling. these shelters may be proved crucial in reintegrating of rape victim in society. 4. health facilities to victim rape may result in pregnancy, gynecological impacts, trauma, bleeding, infection, pain, genital irritation, urinary tract infection, pelvic pain, decreased sexual desire and hepatitis b and hiv160. the government must sure that anti-retroviral drugs or post exposure prophylaxis available to rape victim to prevent transmission of sexually transmitted disease. rape may results in suicide thoughts and suicide attempts. the government must sure the availability of specialized services for victim of rape with in health care system that addresses both mental and physical injuries. according to the report of the who, the harms from rape have important impacts for 160 rachel jewkes , ‘preventing domestic violence: most women welcome inquiries , but doctor and nurses rarely ask about it’, 324 (7332) 2002 bmj 253-254. s. shahid 84 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) women’s morbidity and mortality.161 in pakistan health services designated as specially for rape victim may pose risks of further violence against victim, therefore, it is necessary that information about victim remain under the ground and health services should offer privacy and confidential. 5. reform in substantive law although anti-rape laws have been enacted to prevent the victim from being re-victimized during investigation and cross examination but wide discrepancies still exist between ‘law as legislation’ and ‘law in practice’. the victim’s character assassination or sexual history may be discussed in open court. the victim may be forced to recount her experience during trial that is why many victims withdraw their cases at this stage because of such secondary victimization. it is an undeniable fact that our laws are outdated, discriminatory and ambiguous. for instance, under section 375(5) of pakistan penal code (ppc) 1860, a person is said to have committed rape when he had sexual intercourse with a girl or women, with or without her consent, if she is under the age of 16 year. many would argue that puberty, and not law, indicate the age of consent, which make things very problematic. since voluntarily fornication has been decriminalized in majority of non-muslim countries, therefore, accused of rape crime in these countries can use consent of victim to avoid allegation of rape. however, it does not make senses why consent clause acts as a protective shield for the accused in a country where voluntarily fornication is a criminal act, and moreover, in islam punishment of fornication and rape is same. dna can prove the occurrence of crime but existence of dna cannot prove or disprove consent. similarly, if the medical report shows that the victim’s vagina can admit two fingers without pain, then it is presumed that the victim is a woman of easy virtue and thus might have given consent. these ambiguities in consent clause lead the defense counsel to misconstrue consent as a defense. under section 375 of ppc, penetration is sufficient to constitute sexual intercourse. this section does not reflect the islamic line of thinking. in islamic law forced sexual intercourse which constitutes zina can only be regarded as rape, therefore, penetration other than penis of male does not constitute rape. under islamic law, forced penetration of woman’s internal reproductive organ can only be regarded as rape. as penetration alone cannot constitute rape, in order to make the existing laws in line with islamic law, penile or object penetration of women’s orifices other than vagina should be 161 world health organization, ‘understanding and addressing violence against women’, pan american health organization. sterner response toward rape in line with islamic law indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) 85 included under a new category of ‘sexual assaults other than rape’ and incorporated into ppc. (other substantive issues have been discussed in section 2 and appraisal of this paper) 6. improving socio economic position of women violence against women is not only a consequence of gender inequality; it also perpetuates the gender gap. there is strong link between economic position of women and her vulnerability to be raped. women whose access to economic resources is limited are more vulnerable to rape because her weak economic position restricts her to avoid vulnerable situation. a lack of economic resources often forces women to stay silence after such act in return of money. economic position of women cannot be ameliorated unless women is educated and empowered. the government can enhance the economic position of women by establishing school in every village. in this way more female teacher and female doctor would be available, hence, less chance for women to be raped by male teacher and doctor. the government must sure that women would not be deprived from inheritance. most of our gdp consist of informal economy, it is high time for government to formalize the informal economy so rural women get their fair share from contributing in economy. a well-educated and economically well-off women would not capitulate her dignity to the social stigma and entrenched beliefs of society, rather she does fight her case to the end and would be in better position to protect her and her children from being trapped in the plot of criminals. e. conclusion rape is a difficult crime to investigate and prosecute in any country. it is quality of criminal justice response that ensures the protection of women from sexual beasts and the accountability of the perpetrators. fact based policies and measures, coupled with making the existing law in line with islamic law would act both preventive as well as punitive instrument. therefore, it is high time that the perpetrator of such act must be awarded strict punishment that serves preventive as well as retributive function rather 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author(s) shahzeb shahid is a graduated from the faculty of law, punjab university pakistan. his area of research is analyzing contemporary international development, domestic laws, and modern scientific advancements under the light of islamic jurisprudence. https://abuaminaelias.com/no-theology-of-rape-in-isalm/ https://abuminaelias.com/dailyhadithonline2012/4/10allah-forgive-mistake-coercion https://abuminaelias.com/dailyhadithonline2012/4/10allah-forgive-mistake-coercion s. shahid 90 indonesian journal of advocacy and legal services, vol. 3 no. 1 (2021) quote rape is one of the most terrible crimes on earth and it happens every few minutes. the problem with groups who deal with rape is that they try to educate women about how to defend themselves. what really needs to be done is teaching men not to rape. go to the source and start there. kurt cobain