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Lex Scientia Law Review

Journal Papers (11) Details Call for Paper Manuscript submission Publication Ethics Contact Authors' Guide Line
1 Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths , Nur Arissa IzzatiFaculty of Law, MARA University of Technology Chusnul Qotimah Nita PermataFakultas Hukum, Universitas Negeri Semarang Miftah SantaliaFakultas Hukum, Universitas Negeri Semarang
Conflicts or disputes over maritime boundaries often occur, disputes that cause two or more countries are one of the authorities of their respective countries to conduct negotiations so as not to cause prolonged conflict or dispute. Border disputes between sea, island, and state are included in the affairs of the international court through the role of international law, such as the dispute between Indonesia and Vietnam in the Natuna Sea region which mutually claims sea borders both the continental shelf boundaries and the Exclusive Economic Zone (EEZ) boundaries, disputes between Indonesia and Malaysia in the Malacca Strait, the South China Sea Dispute, and so on. The existence of unilateral claims from each country there are still problems regarding sea borders that cause relations between countries experiencing conflict. Problems that cause disputes between countries are caused because the negotiations between the two parties have not been completed, violations occur by the disputing countries, there are still unclear sea boundaries, and others. The United Nations Convention on The Law of the Sea (UNCLOS) 1982 is an international maritime law that applies in the resolution of disputes at sea, but only countries that have ratified UNCLOS can apply this international sea law. In resolving this dispute a country can do with two channels namely litigation and non-litigation, where litigation is used for the last point in this dispute through ITOLS. The purpose of writing this article is to find out how the effectiveness of sea base dispute resolution in Indonesia through litigation and non-litigation.
2 Handling Covid-19 Related to Regional Security According to ASEAN Political-Security Community , Calvin Calvin (Fakultas Hukum, Universitas Katolik Indonesia (Unika) Atma Jaya)
The presence of COVID-19, caused enourmous losses to the society and nation in various aspects of life. One aspect which is meant is state security especially in ASEAN. Speaking of the present, no antidote has been completely found to cure COVID-19. This paper is made to find out what effort has been done by South East Asia countries in the aspect of state security, and to find out what effort has been done by ASEAN Political-Security Community. The author uses juridical-normative research method, which the author did the research based on national and international instruments of law, doctrines, literature and other medias. Based on the research results, ASEAN members  has issued various policies in purpose to deal with COVID-19 such as: travel ban, social distancing/ physical distancing, and lockdown. Furthermore, all efforts made by ASEAN Political-Security Community are categorized as soft law. Therefore, it requires good faith and prioritizing the principle of shared responsibility from the members in order to carrying out the contents of the meeting.
3 Critical Review of the Urgency of Strengthening the Implementation of Cyber Security and Resilience in Indonesia , Sarah Safira Aulianisa (Fakultas Hukum Universitas Indonesia), Indirwan Indirwan (Fakultas Hukum Universitas Sebelas Maret)
The development of information technology in cyberspace is unavoidable. which followed by the vulnerability of threats and attacks on data and information traffic that can threaten the country's sovereignty. One of the ways that can be done is to strengthen Indonesia's cyber infrastructure and institutions. The purpose of this legal research is to find out the urgency of regulating cyber security and resilience in Indonesia and its challenges and obstacles, also to conduct a comparative study in several countries. This research is a normative legal research with qualitative descriptive analysis. The results of the study indicate that arrangements regarding cyber security and resilience are very important and must be enacted immediately. The inability of the current regulations has the potential to threaten the country's sovereignty. Thus, it is necessary to establish a law as lex specialist in dealing with threats and cyberspace attacks in order to create certainty and legal justice.
4 Indonesian Cyber Law Formulation in The Development Of National Laws In 4.0 Era , Rama Halim Nur Azmi (Universitas Brawijaya)
The digital age has made the loss of boundaries for interaction and communication which then creates a new world of cyberspace. The cyberspace entity on the one hand provides advantages and on the other hand also causes losses if there is no protection in the cyberspace. Protection of cyberspace in Indonesia is still far from good and tends to be bad. Even President Susilo Bambang Yudhoyono has been a victim of the weak protection of the cyberspace. These weaknesses are the implications of the existence of norms that are legal norms which are the basis of the implementation of cyberspace protection in Indonesia. In this paper ,we will discuss  about the problems of  cyberspace in Indonesia and how legal norms should be present as a means of social control and engineering. Especially the cyberspace in order to realize order and security in the cyberspace. The method used in this study is the normative juridical method with the legislation approach and case approach.
5 Strengthening Multistakeholder Integrated through Shared Responsibility in the face of Cyber Attacks Threat , Dararida Fandra Mahira (Fakultas Hukum, Universitas Brawijaya), Dwi Suci Rohmahwatin (Fakultas Hukum, Universitas Brawijaya), Nabila Dian Suciningtyas (Fakultas Hukum, Universitas Brawijaya)
The development of the Internet can increase the threat to the country's roughness in cyberspace. Cybersecurity is required as protection of virtual worlds from hazard sources. Cyber defense is also required as a form of an effort to maintain cybersecurity or cyberspace. The development of Internet technology is a new challenge for defense and security strategy that must be owned by the country. Based on these facts and issues, Indonesia needs an integrated and synergistic cyber-resistance system to realize national resilience and security in the face of cyber attack threats. This research uses the normative juridical method. This research is expected to improve the cyber resistance system in Indonesia.
6 Cryptocurrency’s Control in the Misuse of Money Laundering Acts as an Effort to Maintain the Resilience and Security of the State , Septhian Eka Adiyatma (Fakultas Hukum, Universitas Negeri Semarang), Dhita Fitria Maharani (Fakultas Hukum, Universitas Negeri Semarang)
Along with the times, the latest transaction system emerged using Cryptocurrency in its development is used as a digital payment instrument. The problem discussed in this research is the opportunity to misuse Cryptocurrency as a digital currency that can be used as a form of Money Laundering crime. This research uses the normative legal research method. The author uses primary, secondary, and tertiary legal materials using a qualitative approach. This research also uses the principle of state responsibility to protect as a knife of analysis. The development of Money Laundering crimes can be anything as an example is money laundering in the form of Cryptocurrency investments. Thus the regulations regarding handling money laundering in the form of crypto currency investment must be upheld and improve the quality of human resources in the hope of becoming part of the savior of state money from money laundering through the ability of its virtual team.
7 Online Single Submission For Cyber Defense and Security in Indonesia , Melodia Puji Inggarwati (Fakultas Hukum, Universitas Gadjah Mada), Olivia Celia (Fakultas Hukum, Universitas Gadjah Mada), Berliana Dwi Arthanti (Fakultas Hukum, Universitas Gadjah Mada)
National defense and security are important issues to face the Industrial Revolution 4.0. It is undeniable that Indonesia's defense and security system's weaknesses lead to many cybercrimes. In the business licensing's sector, the Online Single Submission's (OSS) mechanism known as an important role in increasing the ease of doing business in Indonesia. The existence of the OSS system which contains a lot of important data from stakeholders that make it requires security and guarantees. But in reality, the existing OSS digital licensing system hasn't able to optimize the implementation of cyber's defense and security in Indonesia. Therefore, a breakthrough is needed to make the OSS system more perfect by integrating and guaranteeing the data through the establishment of minimum safety standards. This normative-juridical research uses secondary data that processed through literature studies and analyzed qualitatively.
8 Follow The Money Approach in The Management of Fishing Criminals by Fisheries PPNS , Rizki Zakariya (STHI Jentera)
The many cases of Illegal Fishing, threaten the wealth of fisheries and sovereignty of Indonesia. This study aims to explain the urgency of the Follow the Money approach in handling fisheries crime cases by PPNS Fisheries. Then provide concrete recommendations for the Follow the Money implementation in handling fisheries crime cases. This paper is a  normative  juridical study,  which  is  processed qualitatively. The results of this study indicate the urgency of the Follow the Money approach in handling fisheries crime cases by PPNS Fisheries due to Indonesia's large fishery wealth; the magnitude of the threat of illegal fishing in Indonesia; lack of fisheries crime cases handled by PPNS Fisheries; and the development of the modus operandi of fisheries criminals. Then, the efforts made in the Follow the Money approach are by increasing collaboration with PPATK institutions; increased cooperation with international law enforcement agencies; and the use of electronic transaction evidence as evidence at court.
9 Conceptualizing The Floating Court Based On E-Floating Court To Realizing Public Service The Justice System In The Fourth Industrial Revolution Era , Juan Maulana Alfedo (Fakultas Hukum, Universitas Brawijaya), Emilda Yofita (Fakultas Hukum, Universitas Brawijaya), Laras Ayu Lintang Sari (Fakultas Hukum, Universitas Brawijaya)
As a maritime country with area of ​​5.9 million km2 with 6.4 million tons of fisheries resources. But with this potential there are still many crimes at sea, one of them is illegal fishing. To overcome various crimes at sea, the government provides the Shipping Court and the Fisheries Court which are expected to fulfill the legal needs of the sea, but in their implementation the two institutions are less than optimal. In the industrial revolution era 4.0, need a means to optimize public services in the justice system, especially in the maritime area. Based on the problem, we established the floating court based on e-floating court which is judicial institution to synergize the performance of shipping court and fisheries court in enforcement of marine law in Indonesia. In this study the authors used a juridical-normative research method.
10 Analysis The Effectiveness Of Tax Relaxation Due To Covid-19 Pandemy On Indonesian Economic Defense , Mutiara Hamdalah Munandar (Fakultas Hukum, Universitas Negeri Semarang)
The Act Number 28 of 2007 concerning General Provisions and Tax Procedures, it is explained that tax is a mandatory contribution to the state owed by individuals or entities that are forcing based on the law, with no direct compensation and is used for state purposes for the magnitude of people's prosperity. Indonesia began to impose taxes with a self assessment system or trust to calculate tax payable, pay off tax shortages, calculate taxes paid, and report to the Directorate General of Taxes themselves. On March 13, 2020, the Ministry of Finance said that income tax relaxation would be imposed. The government has issued Regulation of the Minister of Finance (PMK) number 23 / PMK.03 / 2020, regarding Tax Incentives for Taxpayers affected by Corona Virus. However, is this effective? What is the impact of this relaxation policy on Indonesia's economic defense?
11 Legal Analysis Of Human Trafficking Case As A Transnational Organized Crime That Is Threatening State Security , Yuda Prasetya (Fakultas Hukum Universitas Negeri Semarang)
Human trafficking is a form of transnational crime. One of the cases that occurred in 2019 was the torture of one of the Female Workers even being made a sexual gratification is one proof of the cruelty of human trafficking. Several Conventions have been held to prevent human trafficking. The UN in 2000 issued the Palermo Protocol on Preventing, Eradicating and Punishing Trafficking in Persons. The perpetrators of human trafficking have violated human rights because of exploitation. The Government of Indonesia issued The Act Number 21 of 2007 concerning the Eradication of the Criminal Act of Trafficking in Persons as an action to prevent trafficking in persons. Efforts to protect victims are also carried out by protecting, helping to resolve victims' problems and repatriating victims.