Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Journal of Law Science LEGAL BRIEF
Wahyudi BR
Universitas Yapis Papua, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Juridical Analysis OF Commando Accountability in Law No 26 of 2000 Concerning Human Rights Court Suwito Suwito; Zonita Zirhani Rumalean; Wahyudi BR; Julisa Aprilia Kaluku
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Command responsibility is essential in international human rights enforcement, namely the 1998 Rome Statute. This is also regulated in Article 42 of Law No. 20 of 2000 on the Human Rights Court. Along the way, there are several areas for improvement in Law No. 20 of 2000 concerning the Human Rights Court, namely mistranslations, interpretations and unclear norms relating to command responsibility. This study aims to: (1) To be able to identify and analyze the Command Responsibilities in Law No. 26 of 2000; and (2) To be able to find out and analyze the comparison of Law No. 20 of 2000 on the Human Rights Court and the 1998 Rome Statute of command responsibility. This research is classified as normative research with a philosophical and analytical approach. Materials are collected through document studies and then analyzed prescriptively. The study results show that the Command Accountability in Law Number 26 of 2000 concerning the Human Rights Court has several weaknesses, interpretations and unclear norms related to command responsibility. Therefore, it is necessary to synchronize the 1998 Rome Statute with the Elaborated Approach, namely by adopting the provisions in the Rome Statute, which are elaborated with the National Legal Interest.
Constitutional law implications of the implementation of attorney general regulation number 15 of 2020 for crime victims Farida Tuharea; Wahyudi BR; Andi Annisa Nurlia Mamonto; Liani Sari
Journal of Law Science Vol. 6 No. 1 (2024): January : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i1.4534

Abstract

This research aims to examine the effects of Attorney General’s Regulation (PERJA) Number 15 of 2020 on Indonesian Constitutional Law, specifically examining victim rights and responsibilities and elements of legal certainty in relation to the Termination of Prosecution Based on Restorative Justice. Human rights, victim protection, and procedural justice are some of the Constitutional Law elements that are examined in this study. This study combines philosophical and analytical approaches to normative law with a critical and logical examination of applicable legal theory and police tactics. The relevant rules and statutes are described using analytical descriptive methodologies. Despite presenting obstacles to legal certainty owing to its flexible approach, the study findings demonstrate that the adoption of restorative justice via the Attorney General's Regulation has significantly increased victims' rights in the recovery and reconciliation process. To promote a shift in Indonesia's criminal justice system towards a greater emphasis on justice, victim healing, and societal interests, the Attorney General's Regulation seeks to strike a balance by outlining a clear framework.
Co-Authors Andi Annisa Nurlia Mamonto Farida Tuharea Julisa Aprilia Kaluku Liani Sari Suwito Suwito Zonita Zirhani Rumalean