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Waluyo
Faculty Of Law, Universitas Pembangunan Nasional “Veteran” Jawa Timur, Surabaya 60294, Indonesia
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The Effectiveness of Awig-Awig as Customary Law in Balinese Culture (Case Study: The Coastal Areas and Plains) W. Yulianingsih; Aldira Mara Ditta C. P.; Waluyo
Nusantara Science and Technology Proceedings 4th International Seminar of Research Month
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/nstp.2019.0413

Abstract

This research aims to find that the regulation of Customary Law exists in written form. This research also wants to prove that the customs regulations in each region in Bali differ according to the customary habits of each region and the existence of these awig-awig is still there to adjust the needs of the community following the current situation. Awig-awig made as an effort to maintain order, peace between the members of the indigenous village community. The method used in this study begins with the identification of a variety of literature related to customary law in terms of problems that occur and challenges that must be faced by coastal and plain communities. Then arranged in such a way as to bring up the exact problem formulation which later can be comprehensively reviewed through field studies and direct observations specifically related to the problem taken in this research namely the application of awig-awig as written customary law. The results of this research are expected to be able to contribute positively to the socio-cultural situation in Balinese society.
Legal Assistance Related to Land Dispute Handling in Jogomerto Village, Nganjuk District W. Yulianingsih; Aldira Mara Ditta C. P.; Tiara Widyaputri; Waluyo
Nusantara Science and Technology Proceedings 4th International Seminar of Research Month
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/nstp.2019.0414

Abstract

The more advanced economic activities, the many problems over land involved in it, the expansion of these activities generally in the form of increasing numbers of buying and selling, leasing, inheritance, lending, and even the emergence of legal relations. with foreign people or legal entities. Disputes over land ownership arise because each party feels entitled to the land that is the object of the dispute. Related to the issue of land ownership rights which is one of the problems found in Jogomerto Village, Tanjunganom District, Nganjuk District from the initial data obtained by the lack of legal knowledge about land ownership rights raises a pretty basic problem by the village government to be resolved. The method of carrying out activities is carried out in three stages, namely preparation and briefing, implementation, and evaluation. Overall legal aid activities in the form of socialization of registration of land rights and training on village regulation making and the agreement were successful, the people of Jogomerto Village welcomed positively and were satisfied with the activities that were followed, increasing public awareness of the law. Implementation of Community Service is very useful for the government and the community, especially for the people of Jogomerto village who are not familiar with the procedure for registering land rights and making village regulations. It is hoped that this activity can always be held periodically so that it can help the village government and village communities in realizing a law-aware community, especially regarding land disputes.
TINJAUAN YURIDIS TERHADAP PENYEBARAN KONTEN PORNOGRAFI ONLINE PADA MEDIA SOSIAL Natan Leo Jernandes; Waluyo
Jurnal Revolusi Indonesia Vol 2 No 6 (2022): Jurnal Revolusi Indonesia
Publisher : Fenery Library

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.1235/jri.v2i6.289

Abstract

Perkembangan teknologi dan informasi di era sekarang ini sangatlah pesat , seiring dengan berkembangnya teknologi berdampak pula dengan pola tingkah laku kejahatan terutama dalam bidang pornografi , banyak bentuk atau pola yang berkembang sekarang ini, salah satunya dengan adanya media sosial dimana tempat yang seharusnya digunakan untuk mempermudah interaksi antar manusia malah menjadi lahan kejahatan bagi pelaku tindak pidana pornografi , salah satu kasus terdapat pada perkara Nomor 194/pid.B/2019/PN.Trt Yang menyangkut tentang penyebaran konten pornografi yang dilakukan oleh LS terhadap korban LP , dimana Hakim pengadilan negeri tapanuli utara menjatuhkan hukuman pidana penjara selama 1 tahun 6 bulan dan pidana denda sejumlah Rp.10.000.000 (sepuluh juta rupiah) – Subsidair kurangan selama 2 bulan. Penelitian ini akan membahas terkait pengaturan pornografi berdasarkan Undang-undang pornografi dan juga Undang-undang Informasi dan Transaksi Elektronik , serta membahas unsur apa saja yang terpenuhi sehingga pelaku dapat dinyatakan bersalah dan mempertanggungjawabkan perbuatanya.
ANALISIS YURIDIS WANPRESTASI PERJANJIAN KERJA SAMA BAWAH TANGAN USAHA LAUNDRY DI KELURAHAN SEMOLOWARU SURABAYA Lolita Salsabila; Waluyo Waluyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.292

Abstract

This study aims to determine the form of agreement and construction of cooperation agreement under the hand of laundry business in Semolowaru Surabaya Village and to find out efforts to resolve the default of the cooperation agreement under the hands of laundry business in Semolowaru Surabaya Village. This research uses normative juridical methods by combining a statutory approach, a concept approach, an analytical approach, and a case approach. Data sources are obtained from interviews, legislation, books, scientific journals, and other literature. This research uses descriptive analytical research methods and data analysis using a qualitative approach. The results of the study can be concluded that the form of a laundry business cooperation agreement in Semolowaru Surabaya Village is an underhand agreement signed by both parties on stamp duty (without the involvement of general officials). However, in the cooperation agreement under the hands of the laundry business in Semolowaru Village, Surabaya, there are some that are not in accordance with the provisions of the composition and anatomy of an agreement in general, namely there are no witnesses and no attachments. And efforts to resolve defaults on the cooperation agreement under the hands of the laundry business in Semolowaru Surabaya Village that have been carried out by the parties, namely by non-litigation settlement efforts or by negotiation between the two parties through deliberation, but were unsuccessful and did not go well
PERLINDUNGAN HUKUM BAGI PEKERJA YANG TERKENA PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PERUSAHAAN SAAT CUTI HAMIL DI KOTA BANDUNG Muhammad Yahya Jauhari; Waluyo Waluyo
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.300

Abstract

This study aims to determine the form of legal protection for workers affected by the termination of the same work relationship by the company while on maternity leave in the city of Bandung and to find out how workers' rights are while on maternity leave. This study uses normative juridical by combining statutory approaches, conceptual approaches, analytical approaches, and case approaches. Sources of data obtained from legislation, books, scientific journals, court decisions, and data analysis literature and use a qualitative approach. The results of the study can be concluded that the fulfillment of maternity leave rights for female workers in the provisions of Article 82 paragraph (1) of Law Number 13 of 2003 concerning Manpower contains regarding the regulation of maternity leave for female workers who are in the pregnancy phase, that protection for workers affected by termination by the company While on maternity leave it has been stated in law number 13 of 2003 which was added to law number 11 of 2020 concerning work copyright, as well as law number 2 of 2004 which explains in the law how employers or companies must treat their employees who while on maternity leave without terminating the employment relationship unilaterally due to maternity leave. As for efforts that can be taken when workers are subject to termination of employment unilaterally, efforts can be made, namely, bipartite, conciliation, mediation, arbitration, industrial relations courts
The Urgency of Mutual Legal Assitance in Criminal Matters (MLA) in Action Against of Corruption Miko Aditiya Suharto; Maria Novita Apriyani; Waluyo
Nusantara Science and Technology Proceedings 7st International Seminar of Research Month 2022
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/nstp.2023.3386

Abstract

The handling of transnational crimes, namely corruption, requires the support of cooperation with other countries, both informally and formally between countries. The regulation of asset return is stated in the Opening of the United Nations Convention Against Corruption in 2003. Assets resulting from corruption crimes by perpetrators are mostly taken abroad and recovery in Indonesia faces challenges and obstacles. One of the factors that become an obstacle in the process of returning assets resulting from corruption transnationally is related to the return of assets when the requesting country and the requested country do not have bilateral agreements such as extradition and Mutual Legal Assistance. The problems that will be raised in this study are (1) how is the implementation of requests for mutual legal assistance in criminal matters (MLA) for perpetrators of corruption? (2) what are the obstacles and challenges in the process of mutual legal assistance in criminal matters (MLA) in prosecuting perpetrators of criminal acts of corruption in Indonesia? The writing of this legal article belongs to the category of socio-legal research or empirical law. The research approach applied in writing this scientific article uses a statutory approach, a conceptual approach, and a case approach. The data collection technique used in this paper is a field study taking data through interviews with the Directorate of Central Authority and International Law, Ministry of Law and Human Rights. The results obtained in this study are the renewal of the extradition law of the State of Indonesia is very important to do considering not only repatriating convicts but also adding regulations for the return of assets resulting from corruption abroad through Mutual Legal Assistance, regulation of assets of wealth convicts of corruption as a preventive measure. and repressive measures to be frozen, confiscated, and repatriated to Indonesia from abroad.
LEGAL PROTECTION OF CREDITORS AGAINST THE EXECUTION OF COLLATERAL OBJECTS IN THE EVENT OF THE DEBTOR'S BREACH OF PROMISE AT BANK MANDIRI KC SURABAYA GENTENGKALI Reza Nugraha Putra; Waluyo
JARES (Journal of Academic Research and Sciences) Vol 8 No 2 (2023): September 2023
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/jares.v8i2.2702

Abstract

When the debtor neglects to make payments on his debt, an execution parate is made as a form of legal protection for creditors. The origin of the execution of mortgage rights can be traced back to this time. UUHT has provided a precise description of the execution that can be carried out in the event of a debtor's default, including holding an auction known as "execution parate". Empirical legal research does not only focus on the positive aspects of law but also its application or practice in the field. In addition, the methodology used in this research is qualitative. In addition, this study uses three types of legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. This study shows that Article 6 UUHT contains requirements regarding legal protection for creditors. The form of a written agreement is another form of legal protection for creditors to be able to take back their rights from debtors with bad intentions to pay off their receivables, and banks can carry out parate executions if the debtor defaults.
THE ROLE OF THE POLICE IN EFFORTS TO HANDLE CAROK IN THE TRADITION OF CONFLICT RESOLUTION IN BANGKALAN COMMUNITIES IN MADURA (CASE STUDY IN BANGKALAN POLRES, MADURA) Deny Frimansyah; Waluyo
JARES (Journal of Academic Research and Sciences) Vol 8 No 2 (2023): September 2023
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/jares.v8i2.2717

Abstract

Indonesia is a country that upholds the principle of the rule of law. State law is something that must be obeyed by everyone without exception. But in the existing reality, state law, especially criminal law, is not enforced on an indigenous community because society has made an existing tradition a law or regulation that is used as an effort to solve problems even though this tradition conflicts with Indonesian criminal law. The Criminal Code (KUHP) is a guide in resolving conflicts that exist in people's lives. In this case, the role of the police as law enforcement officers must be maximized and synergize with the community so that they can adapt to existing traditions in society which in the future are expected to be able to provide a middle way for a conflict between public law, namely criminal law and traditions still held by some circles of society.
JURIDICAL REVIEW RETURN OF PERSONAL PROPERTY PROPERTY AGAINST CONVICTED CRIMINAL ACTS OF CORRUPTION Ivan Maulana; Waluyo
JOSAR (Journal of Students Academic Research) Vol 8 No 2 (2023): September
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/josar.v8i2.2740

Abstract

The purpose of this study is to find out what assets can be confiscated in criminal acts of corruption and to find out whether the confiscation of assets carried out by investigators against criminal acts of corruption is in accordance with the rule of law and what legal remedies can be taken to return these assets. In this study, the author uses a normative legal research method using a statutory approach, a case approach, and a conceptual approach. Based on the results of the study, it shows that property that is not the result or instrument of a criminal act of corruption cannot be confiscated unless the convict does not pay replacement money within 1 (one) month after the court decision that has obtained permanent legal force is read, the assets can be confiscated by the prosecutor. and auctioned to cover the replacement money and the confiscation should not be the property that is used as the defendant's livelihood. Legal remedies that can be taken for the convict if the investigator exceeds his authority in carrying out confiscation actions, pretrial legal remedies can be carried out at the investigation stage. Legal remedies for appeal, cassation and review can be carried out if the panel of judges has rendered a decision. A civil lawsuit can be filed if during the confiscation process it is known that assets that are not instruments or proceeds of a criminal act of corruption are also confiscated, causing material and immaterial losses to the plaintiff .
Online Dispute Resolution Sebagai Alternatif Penyelesaian Sengketa Fintech Di Era IndustrI 4.0 Waluyo; M. Kenza Radhya E. A.; Ersya Dwi Nurifanti
Jurnal Kewarganegaraan Vol 7 No 2 (2023): Desember 2023
Publisher : UNIVERSITAS PGRI YOGYAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31316/jk.v7i2.5588

Abstract

Abstract ODR offers a very broad scope of dispute or conflict resolution. Forms of disputes that are difficult to resolve through a settlement system in the real world, through ODR will be able to be resolved properly. It is known that the forms of disputes that arise include disputes over data protection, taxation, in transactions, and defamation or violation of privacy. The implementation of dispute resolution through ODR has basically been regulated in the regulations and procedures for providing dispute resolution services by each Alternative Dispute Resolution. Keywords: Financial Technology, ODR, LAPS.
Co-Authors Afif Fadhlurrahman Aldira Mara Ditta Caesar Purwanto Deny Frimansyah Ersya Dwi Nurifanti Hikmah Istiqomah Ivan Maulana Lolita Salsabila M. Kenza Radhya E. A. Maria Novita Apriyani Miko Aditiya Suharto Muhammad Yahya Jauhari Natan Leo Jernandes Reza Nugraha Putra Rivaldi Anna Mahmuddi Tiara Widyaputri W. Yulianingsih W. Yulianingsih