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Jurnal Wawasan Yuridika
Published by Sekolah Tinggi Hukum Bandung
ISSN : 25490664     EISSN : 25490753     DOI : 10.25072
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Wawasan Yuridika (JWY) is a peer-reviewed journal published by Sekolah Tinggi Hukum Bandung. Jurnal Wawasan Yuridika (JWY) is a Journal published biannually in March and September. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
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Articles 7 Documents
 1 
Search results for , issue "Vol 7 No 2 (2023): September 2023" : 7 Documents clear
Dynamics of Problem of Asset Forfeiture of Corruption Proceeds and the Concept of Its Law Enforcement mahmud, ade
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.456

Abstract

Forfeiture of assets from corruption crime has not shown signifi cant results in termsof assets returned; in fact, the value of assets returned is smaller than state losses. Thisstudy aims to explain the dynamics of the problem of asset forfeiture due to corruptioncrimes and the concept of eff ective law enforcement to seize assets resulting fromcorruption. The specifi cation of the research is descriptive with normative juridicalresearch type, using a statutory and conceptual approach based on secondary datacollected by documentation study technique, and analyzed qualitatively withoutapplying formulas and numbers. The results of the study show that the state hasdiffi culty seizing assets resulting from corruption crimes since the assets placedabroad have been transferred to other parties and the restitution has not been paid.The concept of eff ective law enforcement is to track assets, apply restitution withouta subsidiary, which is preceded by blocking and forfeiting assets, and carry outexecutions through auctions, with the proceeds going to the state treasury.
The Position of the Regent's Circular Letter Regarding Village Regulations in Legislation Saliro, Sri Sudono; Muslimah, Muslimah; Mualimin, Mualimin
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.611

Abstract

The purpose of this study is to determine with certainty the position of the Regent'sCircular Letter, and legal implications arising from the Regent's Circular Letter againstVillage Regulations. This paper study is descriptive analysis in nature, and the type ofstudy is normative juridical with the statutory approach method. The type of data usedis secondary data and the method of collecting it uses library study and interviews. Thecollected data is processed and analyzed qualitatively in order to arrange systematicsentences based on the order of the problem. The research findings reveal that theRegent's Circular is a policy regulation and not a statutory regulation. Although in itsimplementation it is positioned as an official document containing instructions fromthe local government to the village government as a subsystem of government. Thelegal consequence is that it cannot be included as a consideration considering andconsidering the formation of village regulations.
Considering the Application of Mediation Characteristics for Optimizing Dispute Resolution in Industrial Relations: a Worthwhile Endeavor? Dananjaya, Nyoman Satyayudha; Karunian, Alia Yofira; Sudiarawan, Kadek Agus; Shara, Made Cinthya Puspita; Martana, Putu Ade Harriestha
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4194

Abstract

This article aims to discuss further the importance of the characteristics of non-litigationdispute resolution through mediation in resolving industrial relations disputes. Thisresearch is descriptive with a normative research type, using a statutory approachand data collection using literature study, then the data is analyzed qualitatively. Theresults obtained from this research are that each type of dispute resolution has itscharacteristics. One of the main reasons why disputes cannot be resolved througharbitration is limited authority. Apart from that, the lack of information, abilities,and knowledge of the parties regarding conciliation and negotiation is the cause ofthese problems. Therefore, mediation is chosen due to its distinctive characteristicscompared to other non-litigation resolutions, such as the mediator's role in assistingthe parties, the absence of decision-making authority, the mediation process focusingon the future, and fostering the creation of win-win solutions.
Precarious Struggle to Criminalize Radicalization and Terrorism Doctrine Actions Tantimin, Tantimin; Agustini, Shenti; Jaya, Febri; Tan, David
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4210

Abstract

Radicalism and terrorism are closely related as threats to peace and harmony, as bothare flawed manifestations of religious values and ideologies. The radicalization processcarried out by members of various terror organizations in Indonesia has not receivedmuch attention and hasn”™t been responded with concrete efforts to stop its spread asthe precursor to terrorism. The normative legal research method is used in this studyto analyze the positive elements and purposes of regulations related to the educationalsystem, free speech, and radicalism prevention in Indonesia. Findings of this studyillustrate the legal urgency in Indonesia to carry out normative construction regardingthe criminalization process of radicalization, as well as its limitations and obstacles,as part of the effort to prevent criminal acts of terrorism. As a point of prevention andresistance to the spread of radicalism and terrorism in Indonesia, this criminalizationprocess is juxtaposed with the existing education system.
Strategies for Ratifying Marriage Agreements to Avoid Partnership Liabilities Almaududi, Almaududi; Hijriya, Shafira
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4217

Abstract

This research aims to analyze the regulations and strategies for validating marriage agreements. This normative juridical research prioritizes secondary data as primary, secondary, and tertiary legal materials. Data was collected through document and literature studies and then analyzed qualitatively using a statutory and historical approach. The research findings indicate that the development of marriage agreement regulation can be categorized into three phases: before the enactment of Marriage Law, after the enactment, and after the Constitutional Court Decision No. 69/PUU-XIX/2016. Moreover, regulation remains unclear and has not been followed with legislation, giving rise to "strategies" to avoid partnership liabilities. One party may create a marriage agreement after entering into Marriage, and subsequently, that party only validates the marriage agreement before a notary (waarmerking).
Standard Clause Problems in E-Commerce Based on Indonesian Civil Law Hassanah, Hetty; Wahyudi, Wahyudi; Abdul Aziz, Norazlina
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4226

Abstract

Standard clauses are agreements determined by one party, usually a business actor. Standardized clauses are always part of e-commerce agreements, and this can be considered legal because it implements the principle of freedom of contract. This research aims to determine standard clauses in e-commerce in terms of civil law in Indonesia. The study is descriptive and utilizes normative juridical research through a legislative approach. Subsequently, secondary data collection techniques were employed using a literature review. The acquired data were then subjected to qualitative analysis. Based on the analysis in this research, it is known that standard clauses embody the principle of freedom of contract as regulated in Article 1338, paragraph (1) of the Code of Civil Law. However, they must still fulfill the legal requirements of the agreement as regulated in Article 1320 of the Code of Civil Law.
The Role of Visum et Repertum (VeR) and VeR Psychiatricum (Legal Study of FD Murder Cases in Jakarta, 2023) Siregar, Rospita Adelina; Sinaga, Dyandra Eunike Nauli
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4257

Abstract

This research aims to analyze the role of law in handling the FD death case in Jakarta and its impact on the criminal justice system. The method used is normative juridical research with a statute approach and case approach. The results showed that during the examination of the suspect, an inconsistent change in attitude led to the decision to refer to the Police Hospital. The Psychiatric VeR stated that the suspect had a mental disorder of schizophrenia depression, thus following the provisions of Article 184 of the Criminal Procedure Code. According to Article 44 paragraph (1) of the Criminal Code, the suspect's actions cannot be accounted for due to mental disability, so he cannot be convicted. This finding underlines the important role of law and psychiatry in determining the criminal responsibility of a person with mental illness, contributing to the reform of a fairer and more humane justice system.

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