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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 5 Documents
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Search results for , issue "Vol 8 No 1 (2024): 2024" : 5 Documents clear
From Doctrine to Action: Islamic Law's Journey towards Social Change Beddu, Sumiyati; Karimullah, Suud Sarim; Muslim, Asbullah; Basuki, Nanda Ahmad; Faizin, Mu’adil
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4177

Abstract

This study reveals the journey of Islamic Law from doctrine to social action that brings change. Using a library research method through a comprehensive literature analysis, this study presents the complex challenges of translating Islamic law principles into concrete actions that expand social justice. The findings of this study identify that the gap between idealism and practice is often a major hurdle in implementing Islamic law. Islamic legal theory offers profound guidance on justice, ethics, and morality, emphasizing values such as social justice, general welfare, and protection of individual rights. However, its implementation often faces obstacles that obscure these noble goals. To achieve true social justice, implementing Islamic law must reflect these core values and not just be empty symbolism. It must be applied, embodying justice, benevolence, and the protection of human rights in everyday life.
Legal Politics and Fulfillment of Citizens’ Basic Rights in Indonesia’s Democratic State Syuhada, Otong; Hisham, Ikmal; Nawang, Nazli Ismail
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4190

Abstract

The purpose of this study is to analyze the state’s responsibility in fulfilling the fundamental rights of every citizen. It is a descriptive-normative research, utilizing both statute and policy approaches. The data for this study were collected using library research methods and will be analyzed through qualitative techniques. The study found that the fulfillment of fundamental rights such as education (8.69 million) and poverty alleviation (9.57% or 26.36 million). However, the fulfillment of fundamental right to employment has not been optimally realized, reaching only (8.42 million). Therefore, the government must take strategic measures to address these issues through more concrete legal politics that directly cater to the interests of all layers of society.
The Impact of Pre-Trial Detention on Prison Overcrowding: Perspectives From Indonesia's Criminal Justice System Hamja, Hamja
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4303

Abstract

The decision to detain suspects in detention centers or prisons has contributed to the rising occupancy rates, leading to overcrowding in prisons. This study aims to understand the fundamental values underpinning the implementation of pre-trial detention policies in Indonesia and their impact on the increased congestion in prison facilities. The study employs a descriptive approach with a normative juridical research type. The issues are examined using statutory and conceptual approaches. Data collection is conducted through a literature review, and the data is analyzed qualitatively. The research findings reveal that the law provides a robust foundation for implementing alternative offender penalties aside from imprisonment. However, the understanding of law enforcement officers as instruments of law enforcement still tends to favour decisions on pre-trial detention and large-scale detentions. Social and political factors remain the primary basis for the application of suspect detention, subsequently driving the escalation of prison overcrowding cases.
Sustainability of National Development Program During Transition of Leadership In Indonesia Arifin, Firdaus
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4319

Abstract

The sustainability of national development programs in Indonesia is often hindered by leadership transitions, which create uncertainty in the implementation of long-term policies. This study aims to analyze the weaknesses of the existing legal framework, particularly Law No. 59 of 2024 concerning the National Long-Term Development Plan (RPJPN), in ensuring the continuity of development programs amidst political dynamics. A normative approach with qualitative juridical analysis was employed, examining relevant legislation and literature. The findings reveal that the current legal framework needs to be more robust to protect strategic programs from policy changes caused by government transitions. Additionally, the lack of flexibility within the legal instruments makes it difficult to adapt to political changes. This study recommends more responsive and adaptive legal reforms and enhances synergy between central and regional governments to ensure policy stability. These findings contribute to the theoretical development of development law and have practical implications for policymakers in Indonesia, particularly in designing a more robust and stable legal framework to support long-term development.
Legal Uncertainty of Golf Game as Sports and Entertainment Branch in Local Tax Imposition Prasetio, Dicky Eko; Masnun, Muh Ali; Wedhatami, Bayangsari
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4369

Abstract

The imposition of a golf tax actually raises legal issues related to the status of golf in connection with the imposition of regional taxes.  The object of this research is the status of golf as entertainment or a sport and the implications of legal uncertainty related to the imposition of regional taxes.  This research is a normative legal study with a historical, legislative, and case approach.  The legal materials used include primary legal materials in the form of legislation and court decisions, secondary legal materials in the form of research results such as journal articles and relevant books, as well as non-legal materials such as language dictionaries. The technique for collecting legal materials is conducted through library research by gathering legal materials from libraries as well as collecting legal materials through national and international journal article websites. The analysis of legal materials is conducted prescriptively, emphasizing legal prescriptions or solutions as answers to legal issues in this research.  The findings of this research emphasize that the legal uncertainty regarding the status of golf as entertainment and a sport in relation to local tax imposition implies that golf, as a sport, can only be subject to VAT and therefore cannot be subject to local tax.  The recommendation from this research is that there needs to be a revision of the legislation in the field of taxation and a clarification that golf can be subject to regional taxes. This research is expected to contribute to the thinking and practice related to the development of tax imposition on golf facilities.

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