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All Journal Jurnal Cakrawala Hukum JURNAL ILMIAH ADVOKASI
Wardana, Khristyawan Wisnu
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Law, Crime, Criminology & Criminal Justice

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TANGGUNG JAWAB PERUSAHAAN ATAS KECELAKAAN TONGKANG DALAM PERSPEKTIF DOKTRIN VICARIOUS LIABILITY DI SEMPADAN SUNGAI MAHAKAM Sahim, Muhammad Sahril; Kurnia, Mahendra Putra; Wardana, Khristyawan Wisnu
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6304

Abstract

The presence of buildings in the riverbank area of the Mahakam River that violate spatial planning regulations creates a legal dilemma when criminal acts of destruction are committed against such structures. This study aims to analyze the criminal liability for the destruction of illegal objects and to assess the potential application of restorative justice in resolving such cases. The research employs a doctrinal legal method using statutory and conceptual approaches, based on the provisions of the Indonesian Penal Code (KUHP) and regulations concerning riverbank spatial planning. The findings indicate that although the damaged object is located in an illegal area, the owner may still be regarded as a victim if the element of malicious intent by the perpetrator is fulfilled. Therefore, restorative justice emerges as a relevant alternative to achieve balanced justice between victim and offender.Keywords: Destruction, Restorative Justice, Criminal Law, Riverbank Zone
PERAN PERUSAHAAN DALAM MELINDUNGI HAK TENAGA KERJA ASING Simamora, Priskila Putri; Susanti, Erna; Wardana, Khristyawan Wisnu
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6363

Abstract

This research is directed at examining 2 (two) problems, namely first, legal protection of the rights of foreign workers based on Samarinda District Court Decision Number 65/Pdt. Sus-PHI/2017/PN. Smr Jo Supreme Court Decision 1121 K/Pdt.Sus-PHI/2018 and secondly, legal liability by companies for the rights of foreign workers who are not stated in the employment agreement. The study of this problem was carried out using doctrinal legal research.The results of this research conclude that firstly, legal protection for the rights of foreign workers has been regulated in Law Number 13 of 2003 concerning Employment as preventive protection and is confirmed in the ruling of the Samarinda District Court which granted some of the claims of foreign workers with consideration of several rights claimed by them. foreign workers are not included in the work agreement as repressive protection, and secondly, legal responsibility by the company for the rights of foreign workers who are not stated in the work agreement, namely fulfilling the company's obligations which is one of the conditions for employing foreign workers in Indonesia. Keywords: Accountability; Protection; Rights
Criminal Law Enforcement Against Press Crimes in Reporting Suicide Cases in the Mass Media Melisnawati, Melisnawati; Wardana, Khristyawan Wisnu; Bone, Sholihin
Jurnal Cakrawala Hukum Vol. 15 No. 2 (2024): August 2024
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v15i2.15011

Abstract

The Indonesian Constitution guarantees freedom of the press, which is part of human rights in national and democratic life. The press has an important function that influences social, economic, political, and cultural life, namely as a medium of information. Restrictions on press freedom must be firmly and clearly stipulated by laws and regulations with provisions, one of which is the regulation of press crimes in criminal law. Suicide cases are one of the cases that are widely reported by the mass media; In covering suicide cases, ideally journalists have sensitivity and can empathize by protecting the identity of the perpetrator and the family of the suicide perpetrator in accordance with Press Council Regulation Number: 2/Peraturan-DP/III/2019 Concerning Guidelines for Reporting Related to Acts and Attempted Suicide which was stipulated in Jakarta on March 22, 2019. Seeing this phenomenon, it is important to enforce the law against media that violate the rules in reporting suicide cases.
Co-Authors Bone, Sholihin Erna Susanti Mahendra Putra Kurnia Melisnawati, Melisnawati Sahim, Muhammad Sahril Simamora, Priskila Putri