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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
 1 
Search results for , issue "Vol 9 No 1 (2025): 2025" : 5 Documents clear
The Ineffectiveness of Criminal Sanctions in Corruption Cases of COVID-19 Handling Funds in Indonesia Handayani, Trini; Ainnaiha, Nahknur Wudhi
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i1.4241

Abstract

This research examines the effectiveness of criminal consequences for corruption offences in COVID-19 handling funds in Indonesia. The research analyses laws and regulations related to disaster management and social assistance funds. The research reveals legal uncertainty due to normative tensions in the legal framework, such as the absence of the death penalty in Government Regulation in Lieu of Law (Perpu) No. 1 of 2020. This research is a descriptive, employing a normative legal research type that utilizes secondary data comprising primary, secondary, and tertiary legal sources. The approach adopted is a legislative approach, with data collection techniques conducted through a literature study. Subsequently, the collected data is analyzed qualitatively. The case study of former Minister of Social Affairs, Juliari Batubara, highlights shortcomings in law enforcement. The study suggests a constitutional review of laws for non-natural disasters to ensure efforts to combat corruption. Furthermore, it recommends the implementation of more robust regulatory mechanisms and stringent punitive measures to strengthen institutional integrity and preserve public trust in judicial processes.
Alternatives to Imprisonment as an Effort to Overcome Overcrowding in Correctional Institutions Pudjiastuti, Diah; Ravena, Dey; Zakaria, Chepi Ali Firman
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i1.4275

Abstract

The high crime rate and overcapacity in correctional institutions underscore the necessity of examining the effectiveness of prison sentences and exploring fairer alternative sanctions. This research aims to analyze the effectiveness of prison sentences within the criminal justice system and identify ideal criminal sanctions to achieve justice. The study employs a normative juridical method with a descriptive approach. The findings reveal that prison sentences carry negative consequences, including stigmatization and challenges in social reintegration. To enhance the effectiveness of law enforcement and realize justice, the study recommends adopting restorative justice approaches, strengthening preventive measures, and integrating non-legal considerations into law enforcement. Thus, this research contributes to shaping criminal law policies that are not solely repressive but also preventive and rehabilitative. It advocates for the development of a legal system adaptable to the challenges of overcapacity in correctional institutions, promoting a balance between repression, prevention, and rehabilitation for a more equitable and sustainable justice framework.
Judicial Review on Health Emergency Law: The Challenge to Judicial Independence of Indonesian Constitutional Court Salman, Radian; Ristawati, Rosa; Singarimbun, Bernard Nicholas
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i1.4314

Abstract

Emergency laws are often enacted by the President to address urgent situations and safeguard public welfare. Still, it risks fundamental rights and the rule of law without proper scrutiny.  This research is addressed to analyse the tendency of judicial independence of the Constitutional Court in conducting a review over a Government Regulation in Lieu of Law (Perppu), especially based on Court Decision Number 138/PUU-VII/2009. This article is important because it addresses the critical issue of judicial independence in the context of emergency laws, which can have significant implications for fundamental rights and the rule of law. This research is a doctrinal research  with focus on analyzing constitutional and statutory provisions, legal principles, case law and also comparative approach. Subsequently, data collection techniques were employed utilizing a document study, then analyze qualitatively. The findings of this research is that the enactment of emergency law turns into a double challenge for judges to decide the case, particularly when the judges are appointed by the President. Moreover, judicial review on emergency law shows the more tension between executive power and judicial oversight compared to  judicial review of legislation. This helps deepen the understanding of how courts balance constitutional principles during emergencies and provides valuable insights for other jurisdictions facing similar challenges.
State Responsibility in Post-Judgment Reforestation Following Environmental Fines Cakra Tona Parhusip; Triono Eddy; Adi Mansar; Ena Kazić Çakar
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper critically examines the normative limitations and institutional challenges in enforcing ecological restoration through Indonesia’s environmental legal regime. While civil liability is increasingly employed as a formal mechanism to ensure environmental responsibility, the link between judicially imposed compensation and actual ecological recovery remains tenuous. Drawing on a normative legal approach, supported by doctrinal and comparative analysis, this study unpacks how the absence of a binding legal obligation to allocate environmental fines toward restoration efforts weakens the transformative potential of civil sanctions. It reveals a structural gap: courts may award environmental damages, yet the disbursement and utilization of these funds often fall into administrative obscurity, lacking transparency and measurable ecological outcomes. The argument advanced is that environmental accountability should not terminate with compensation; it must continue toward tangible rehabilitation anchored in public participation and legal oversight. The findings suggest the necessity of reformulating regulatory design, particularly by mandating the use of compensation funds for ecological purposes and embedding oversight mechanisms to monitor compliance. Such reform aligns with broader global calls to shift environmental enforcement from punitive to restorative justice frameworks. This contribution opens normative space for rethinking how environmental damages can be institutionally linked to actual restoration, beyond symbolic legality.
Parent Corporation Liability For Losses of State-Owned Enterprise Subsidiaries: A Substantive Control and Public Accountability Approach Dicki Irvandi; Triono Eddy; Adi Mansar; Alief Risyawan
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i1.4482

Abstract

The relationship between state-owned enterprises (SOEs) and their subsidiaries gives rise to an accountability dilemma when losses occur at the operational level of subsidiaries, as corporate law formally treats parent companies and subsidiaries as separate legal entities, while governance practices within SOE holding structures demonstrate substantive parental control through policy directives, business strategies, and the allocation of public capital. This misalignment between formal legal construction and the reality of substantive control creates an accountability gap in the management of state assets. This study aims to reconstruct the legal basis of parent SOE liability by positioning the intensity of substantive control as the principal variable of accountability. The research employs a normative legal method with doctrinal and comparative approaches, drawing on statutory analysis and conceptual examination of corporate law. The findings indicate that liability limitations based solely on the principle of separate legal personality are no longer adequate when subsidiaries carry out strategic projects shaped by state policy and public financing, as the parent SOE substantively contributes to the formation of risk and loss consequences. By adapting the doctrines of piercing the corporate veil and enterprise liability to the context of public entities, this study proposes a hybrid accountability model that links legal responsibility to actual patterns of control, thereby strengthening public accountability and preventing accountability gaps within state-owned corporate group structures.

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