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All Journal PROGRESIF: Jurnal Hukum Journal of Law Science Solusi LEGAL BRIEF Jurnal Media Ekonomi Hutanasyah : Jurnal Hukum Tata Negara Jurnal Hukum dan Keadilan Law Journal PESHUM
Fransisco, Wawan
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Civil Law Aspects in the Case of Negligence of Tourism Service Providers That Result in Losses for Tourists Junaidi, Junaidi; Fransisco, Wawan; Suharto, Bambang
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.428

Abstract

The tourism industry in Indonesia has a vital role in the country's economy, but there are still significant problems related to the negligence of service providers that are detrimental to tourists. This study aims to analyze the application of civil law in dealing with the negligence of tourism service providers and evaluate the existing dispute resolution mechanisms. Using a normative-empirical approach, the study found that although consumer protection regulations are already in place, their implementation is still hampered by weak oversight and a lack of legal awareness among tourists. In addition, service providers often use exaggeration clauses that are detrimental to consumers. The study also identified that dispute resolution mechanisms, both litigation and non-litigation, still face various obstacles, such as lengthy procedures and high costs. Therefore, this study recommends strengthening supervision of tourism service providers, as well as reforms in the dispute resolution system by introducing mediation and arbitration as more efficient and cheaper alternatives. In addition, broader legal education to the public regarding their rights as tourism consumers is also considered important to improve legal protection for tourists in Indonesia.
Mining Business Licenses in the Perspective of Administrative Law Between State Authority and Community Rights Damanik, Herlina; Fransisco, Wawan; Wahyudi, Fajar Satriyawan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.435

Abstract

The Mining Business License (IUP) is the main legal instrument in the management of mineral and coal resources in Indonesia. The revision of the Mineral and Mineral Law changes the authority to grant permits from the local government to the central government with the aim of reducing the practice of overlapping permits and corruption and strengthening the effectiveness of supervision. However, this centralization policy poses new challenges in the form of reduced role of local governments, limited community participation, and increased potential for social conflicts with indigenous peoples. This study used the Systematic Literature Review (SLR) method with the PRISMA procedure on 971 articles, until 50 relevant articles were selected for analysis. The results of the study show that the practice of protecting the rights of communities, especially indigenous peoples, is still weak due to the lack of application of the Free, Prior, and Informed Consent (FPIC) principle. In addition, maladministrative practices, weak law enforcement, and lack of transparency worsen the governance of the mining sector and ignore the principle of intergenerational justice. This study confirms the existence of research gaps related to the effectiveness of authority centralization, community-based supervision models, FPIC implementation, and systematic studies of intergenerational justice in mining licensing. These findings contribute to strengthening the legal analysis of mining administration and open up opportunities for regulatory reform towards fairer, accountable, and more sustainable governance.
Legal Development in Strengthening National Resilience Based on the Indonesian Constitution Fransisco, Wawan; Yahya, Fuchry; Syam, Fauzi
LEGAL BRIEF Vol. 12 No. 4 (2023): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i4.875

Abstract

Legal development is not something that stands alone, but is integrated with development directions in other fields that require harmonization. Even though the direction of legal development is based on the outlines of ideas in the 1945 Constitution of the Republic of Indonesia, it requires alignment with the level of development of society that is envisioned to be created in the future.. This research was carried out using a normative juridical method which was carried out through a literature study which examined secondary data, namely statutory regulations, research results, scientific journals, study results and references. From the research results, it can be seen what the direction of legal development is and creating strong national resilience. There are still various legal loopholes, especially regarding laws and regulations that regulate territorial issues and state sovereignty. For this reason, law enforcement is a process that must be carried out in accordance with applicable laws and regulations without forgetting our conscience as humans. Law enforcement must be carried out in good faith to build a society with a legal culture.policies
Implementasi Produk Hukum Bupati Musi Rawas Nomor 26 Tahun 2023 Tentang Tata Kerja Sekretariat DPRD Kabupaten Musi Rawas Yudistira Ferdinandus; Fransisco, Wawan; Fuadi, Ahmad
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 2 (2026): Februari
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i2.1540

Abstract

This study aims to analyze the implementation of the Musi Rawas Regent Regulation Number 26 of 2023 concerning the organizational structure, duties, functions, and work procedures of the Secretariat of the Regional House of Representatives (DPRD) of Musi Rawas Regency, as well as to identify the factors influencing the effectiveness of its implementation. This research employs a normative-empirical legal method using a juridical-normative approach combined with field data obtained through interviews and document studies. The data were analyzed descriptively and qualitatively to examine the conformity between the applicable legal norms and their implementation within the DPRD Secretariat. The findings indicate that the implementation of the Regent Regulation has been carried out quite effectively, as reflected in the employees’ adequate understanding of the organizational structure, duties, and functions of their respective positions. In addition, human resources, the level of understanding and commitment of employees, budget support, as well as evaluation and supervision systems are the main factors influencing the effectiveness of the regulation’s implementation. The study further reveals that organizational culture and the professionalism of the apparatus play an important role in optimizing the work procedures of the DPRD Secretariat in accordance with the principles of good governance.
Co-Authors Ahmad Fuadi Ahmad Fuadi Ardi Muthahir Bambang Suharto Damanik, Herlina Devi Anggreni Sy F.L, Yolanda Fauzi Syam Hafrida Junaidi Junaidi Novan, Novan Putranto, Rian Rahmawati, Lilis Retno Kusniati Rezika, Nadila Wahyudi, Fajar Satriyawan Wijaya, Rena Yahya, Fuchry Yudistira Ferdinandus