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All Journal Jurnal Dinamika Hukum Jurnal Ilmu Hukum The Juris Collegium Studiosum Journal 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.
Crowdfunding Practices and the Comparison to Fundraising and the Dispute Resolution Martedjo, Wagiman; Izzulhaq, Muhammad Luthfi Reza
Jurnal Dinamika Hukum Vol 22, No 3 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.3.3246

Abstract

The practice of ‘crowdfunding’ and ‘fundraising’ by the community sometimes leads to abuse. Judging from the parties, namely the ‘Fundraising Platform’ and ‘Promotion’ and’ Donors’. This article answers three things: first, what if the donor wants to know the use/distribution of the funds? second, what if there is a dispute and its resolution? and third, what actions Donors can take to obtain information from the Promotion? The normative juridical method is used with two flatform models to be compared and analyzed. Using the comparative method in several countries, the transparency and accountability of the information provided is also recorded. Finally, an investigation is carried out if there is a dispute between the Donor and the Beneficiary/Collector, and how the dispute is resolved. Conclusion: First, the implementation of crowdfunding varies, some are specifically regulated but in general they are regulated in a scattered manner. The latter applies in Indonesia. Second, the right of the donor to know information regarding the transparency of its distribution as long as it does not involve confidential information. Donors can request information not from online crowdfunding/online fundraising but from the Campaigner. Third, dispute resolution between the Donor and the Campaigner can be carried out in the realm of information disputes with two stages of dispute resolution, namely: the litigation stage through Mediation and Adjudication and the litigation stage, through the District Court or State Administrative Court.Keywords: Crowdfunding; Fundraising; Dispute; Non-Litigation; Litigation
STUDI KOMPARATIF SEJARAH PERADILAN MILITER DI INDONESIA DENGAN PERADILAN ANGKATAN BERSENJATA DI MALAYSIA Widjaja, Gunawan; Martedjo, Wagiman; Nugroho, Sudrajat Mukti
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1720

Abstract

The military court system in Indonesia is the implementation of judicial authority within the military to enforce just and fair legal proceedings. (See: Selected Cases in Military Court Proceedings. https://dilmil-aceh.go.id/tentang-peradilan-militer/) Meanwhile, the military court system in the Kingdom of Malaysia is a military judicial institution that forms part of the integrated military power structure. It also carries out the task of safeguarding the integrity of the territory and sovereignty of the Kingdom of Malaysia, protecting it from various threats and disturbances from within and without. This research uses the normative legal method. The results of this research reveal fundamental differences between the military court system in the Republic of Indonesia and that of the Kingdom of Malaysia. The military justice system in the Republic of Indonesia is an independent system, not part of the general justice system. This is because it has the primary duty of maintaining integrity; protecting and defending the sovereignty of the nation and state. Meanwhile, the military court of the Armed Forces of the Kingdom of Malaysia has the responsibility of supporting civil authority in countering international disturbances, maintaining public order, handling natural disasters, and participating in national development programmes.
MODEL KOLABORATIF PENCEGAHAN KEKERASAN BERBASIS PERMENDIKBUDRISTEK NO. 46 TAHUN 2023: PENDEKATAN AKSI-PARTISIPATIF Widjaja, Gunawan; Martedjo, Wagiman; Hatta, Ignatius Bambang Sukarno
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.1835

Abstract

This article aims to analyze the implementation gaps of the Ministry of Education Regulation No. 46 of 2023 on the Prevention and Handling of Violence in Educational Institutions and to propose a collaborative model based on participatory action as an alternative solution. Using a descriptive qualitative method and normative legal approach, this study explores principles of education law, community participation, and the institutional effectiveness of schools in violence prevention. Findings reveal that the regulation’s implementation still faces structural and cultural challenges, including low regulatory literacy among educators and limited stakeholder engagement. The proposed collaborative model emphasizes stakeholder synergy through tiered training, participatory dialogue forums, strategic partnerships, and community-based evaluation. It is expected to contribute to the creation of a safe, inclusive, and just learning environment.
OPTIMALISASI PARTISIPASI PUBLIK DALAM PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN MELALUI CIVIC PARTICIPATION INDEX Widjaja, Gunawan; Martedjo, Wagiman; Setiawan, Lisno
The Juris Vol. 9 No. 2 (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.v9i2.1724

Abstract

Law Number 13 of 2022, which serves as the Second Amendment to Law Number 12 of 2011, strengthens public involvement and participation in all stages of the legislative process, from planning to enactment. However, according to the development of public participation as reflected in the Civic Participation Index from 2019 to 2024 published by the World Justice Project, Indonesia has experienced a downward trend. Several challenges to public participation include the lack of public awareness of their participatory rights, limited access to information, and the absence of effective mechanisms for gathering public input. This study employs a normative juridical method with a statute approach to analyze existing regulations and their implementation (best practices) in accordance with international standards, using a comparative study of countries with higher civic participation index levels. The data were collected from secondary sources, including primary legal materials, secondary legal materials, and tertiary legal materials. This study is of significant urgency as it can provide practical recommendations for the development of more effective technical guidelines on public participation as mandated by Law Number 13 of 2022.
Co-Authors Ananta, Riyan Gunawan Widjaja Halim , Adriansyah Hatta, Ignatius Bambang Sukarno Izzulhaq, Muhammad Luthfi Reza Melati, Sri Gambir Nugroho, Sudrajat Mukti Rajaguguk, Parluhutan Setiawan, Lisno Sudrajat, Maman