Articles
236 Documents
<![CDATA[The Role of Visum et Repertum (VeR) and VeR Psychiatricum (Legal Study of FD Murder Cases in Jakarta, 2023) ]]>
<![CDATA[Siregar, Rospita Adelina]]>;
<![CDATA[Sinaga, Dyandra Eunike Nauli]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v7i2.4257
<![CDATA[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.]]>
<![CDATA[Alternatives to Imprisonment as an Effort to Overcome Overcrowding in Correctional Institutions ]]>
<![CDATA[Pudjiastuti, Diah]]>;
<![CDATA[Ravena, Dey]]>;
<![CDATA[Zakaria, Chepi Ali Firman]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v9i1.4275
<![CDATA[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.]]>
<![CDATA[The Impact of Pre-Trial Detention on Prison Overcrowding: Perspectives From Indonesia's Criminal Justice System ]]>
<![CDATA[Hamja, Hamja]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v8i1.4303
<![CDATA[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.]]>
<![CDATA[Judicial Review on Health Emergency Law: The Challenge to Judicial Independence of Indonesian Constitutional Court ]]>
<![CDATA[Salman, Radian]]>;
<![CDATA[Ristawati, Rosa]]>;
<![CDATA[Singarimbun, Bernard Nicholas]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v9i1.4314
<![CDATA[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.]]>
<![CDATA[Sustainability of National Development Program During Transition of Leadership In Indonesia ]]>
<![CDATA[Arifin, Firdaus]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v8i1.4319
<![CDATA[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.]]>
<![CDATA[Legal Uncertainty of Golf Game as Sports and Entertainment Branch in Local Tax Imposition ]]>
<![CDATA[Prasetio, Dicky Eko]]>;
<![CDATA[Masnun, Muh Ali]]>;
<![CDATA[Wedhatami, Bayangsari]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v8i1.4369
<![CDATA[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.]]>
<![CDATA[Legal Guarantees for Persons with Disabilities to Secure Decent Work: A Human Rights Perspective from Indonesia ]]>
<![CDATA[S., Laurensius Arliman]]>;
<![CDATA[Ratnawati, Elfrida]]>;
<![CDATA[Razak, Aida Abdul]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v8i2.4463
<![CDATA[Employment rights for people with disabilities are often neglected due to the lack of respect for equality before the law and respect for human rights. This study aims to examine: (1) the position and role of national and international law in regulating the right to work for people with disabilities; and (2) the implementation of regulations regarding the right to work for people with disabilities in Indonesia from a human rights perspective. Using normative legal research. The results of the study indicate that the international legal framework, especially the Convention on the Rights of Persons with Disabilities (CRPD), which has been ratified through Law Number 19 of 2011, provides a strong foundation for the recognition and protection of employment rights for people with disabilities. At the national level, this regulation is strengthened by the 1945 Constitution, Law Number 13 of 2003 concerning Employment, and Law Number 8 of 2016 concerning Persons with Disabilities. The impact of this study is that it must strengthen the implementation of non-discrimination experienced by people with disabilities in the world of work.]]>
<![CDATA[Legal Reform for Investor Protection in Indonesian Crypto Markets: A Comparative Analysis With The MiCA Framework ]]>
<![CDATA[Rahman, Yogi Muhammad]]>;
<![CDATA[Jastisia, Mentari]]>;
<![CDATA[Barora, Siti]]>;
<![CDATA[Mega Jaya, Belardo Prasetya]]>;
<![CDATA[Anditya, Ariesta Wibisono]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v8i2.4433
<![CDATA[This article examines the urgency of legal reform to enhance investor protection in Indonesia’s crypto asset market, emphasizing the regulatory uncertainty that obscures legal liability in cases of system failure, unilateral platform closure, or investor losses. This research adopts descriptive research specifications, using normative juridical research, using two methods of statutory and comparative approaches. Data collection is done through literature review and then analyzed through qualitative method. The findings reveal that Indonesia’s legal system still relies heavily on individual civil claims based on Article 1365 of the Civil Code, without anticipatory legal instruments. Drawing from MiCA’s best practices, this article highlights the need for prescriptive, risk-based, and investor-oriented legal principles to build a fair and legally certain digital ecosystem.]]>
<![CDATA[Normative Gaps in Indonesia’s Capital Relocation: Constitutional Implications of State Function Transition to Nusantara ]]>
<![CDATA[Saputra, Edi]]>;
<![CDATA[Suparman, Eman]]>;
<![CDATA[Muttaqin, Zainal]]>;
<![CDATA[Ablamskyi, Serhii]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The relocation of Indonesia’s capital is a strategic constitutional decision with significant legal consequences. While Law Number 3 of 2022 formally designates Nusantara as the new capital, it fails to regulate the transition of core state functions. This research aims to identify the normative gaps in the law, focusing on the absence of two key indicators: a legally defined effective date of relocation and the formal transfer of executive, legislative, and judicial functions. This research specification is descriptive in nature and employs a normative legal method as type of research. The conceptual approach is applied to explore legal doctrines to provide a broader legal perspective, the research also employs a comparative approach. Data is collected through a literature review, and analyzed qualitatively through interpretive reasoning and legal argumentation to formulate normative conclusions relevant to the issues discussed. The lack of transitional provisions undermines legal certainty and the legitimacy of government actions taken in Nusantara. The article argues for an urgent reformulation of transitional instruments to restore coherence between political declarations and constitutional order.]]>
<![CDATA[The International Law Fragmentation: Legal Consequences and Solutions ]]>
<![CDATA[Latifah, Emmy]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25072/jwy.v7i1.447
<![CDATA[The development of International Law that is taking place today has led to fragmentation. As a result, conflicts of norms arise from international treaties generated by each regime. This study aims to examine how conflict of norms can take place in a fragmented international law system and how to resolve it. It is normative legal research, used secondary data in the form of primary legal materials, secondary legal, and tertiary. The data collection technique uses library reserach, then analyze qualitatively. The results indicate that the absence of an authorized institution to create International Law causes conflict of norms International Law. The ways to resolve conflict of norms include not applying one of the conflicting norms; considering one of the conflicting norms is illegal; taking into consideration one of the conflicting norms is still valid but not illegal; and the two conflicting norms are considered to have the same position.]]>
