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All Journal Jurnal Ilmu Hukum The Juris Jurnal DIALEKTIKA : Jurnal Ilmu Sosial JURNAL HUKUM STAATRECHTS
Martedjo, Wagiman
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN TERHADAP ASYLUM SEEKER DILUAR WILAYAH SUATU NEGARA KAITANNYA DENGAN TANGGUNG JAWAB NEGARA MENURUT PASAL 33 AYAT (1) KONVENSI 1951 TENTANG STATUS PENGUNGSI STUDI KASUS AUSTRALIA-INDONESIA Martedjo, Wagiman; Ananta, Riyan; Melati, Sri Gambir; Rajaguguk, Parluhutan
JURNAL HUKUM STAATRECHTS Vol 6, No 2 (2023): JURNAL STAATRECHTS
Publisher : Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52447/sr.v6i2.7428

Abstract

This research aims to find out: first, whether the actions of Australia fought off and returning asylum seekers outside its territory by pushing it into the territory of Indonesia in accordance with article 33, paragraph (1) of the 1951 Convention on the Status of Refugees? Second, whether the entry into force of the Convention, 1951 and the 1967 Protocol on the Status of Refugees can be legally binding with respect to Indonesia as the country is not a party? The research method used is the juridical normative research methods using secondary data legal materials that consist of primary legal materials and legal materials tertiary secondary. A summary of research results as follows: first, that the treatment of Australia is a form of international offences because contrary to Article 33 of the 1951 Convention Refugee Status. Second, that Indonesia attached Convention 1951 and the 1967 Protocol on the Status of refugees.
PENGARUH POLITIK HUKUM DAN KETERLIBATAN MASYARAKAT PADA PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Widjaja, Gunawan; Martedjo, Wagiman; Sudrajat, Maman
The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i1.1681

Abstract

The legal political system greatly influences the Indonesian state to become a state based on law, thus requiring the involvement of community components in the process of formulating laws. This is so, because the legal political system will have a vital role in making the law. This is because the direction of the Indonesian state in the application as a state of law uses the concept of Continental European Civil Law, where written law is a very important part of the formation process, and is used as the basis for the implementation of governance. In order to ensure the implementation of legal protection for all people, as well as justice in treatment, and guarantee protection of citizens' rights, it is necessary to establish concrete guidelines in planning and drafting laws. This is intended to be the basis for regulating the process of law-making, starting from the beginning until the time when the law is enacted or applied in regulating the life of the state society. Thus, by creating concrete guidelines and guidelines, each law-making process can be carried out in a definite, consistent, and standardised manner.
Law Enforcement Against the Criminal Act of Gratification in the Form of Sexual Services in Indonesia Widjaja, Gunawan; Martedjo, Wagiman; Halim , Adriansyah
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 23 No. 1 (2025): Jurnal Dialektika: Jurnal Ilmu Sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

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Abstract

There are several consequences that must be faced, including imprisonment for the perpetrator based on the principle of legality, complicating the evidentiary system, especially in terms of the limits of value that can be classified as gratification so that it can cause a decrease in the markat and dignity of a person, restrictions on the KPK to classify the gratification, and the inability of sexual relations to be assessed as nominal. The purpose of this study is to determine the construction of Indonesian law in regulating criminal acts of gratification in the form of sexual services, and the mechanism of legal protection in Indonesia in the occurrence of criminal acts of gratification in the form of sexual services. The research method used in this study is juridical-normative which uses secondary data, with a statutory regulatory approach and a case approach. The legal sources used include the Criminal Code, the Corruption Law, and other related regulations. The results of the study concluded that the Corruption Law has not explicitly regulated gratification in the form of sexual services, making law enforcement difficult because there is no clear classification. The main obstacles are the principle of legality and the difficulty of proof. Legal reform is needed to expand the definition of gratification as well as clearer technical guidelines and standards of proof, so that the legal system is more responsive to new forms of crime and able to protect from authorities.
Co-Authors Ananta, Riyan Gunawan Widjaja Halim , Adriansyah Melati, Sri Gambir Rajaguguk, Parluhutan Sudrajat, Maman