Articles
241 Documents
<![CDATA[The Significance of Policy Guarantee Institution in Providing Legal Certainty for Insurance Policyholders ]]>
<![CDATA[Sembiring, Sentosa -]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i1.555
<![CDATA[This study examined the factors that contributed to the non-establishment of the Policy Guarantee Agency. As stipulated in Article 53, paragraph (4) of Law Number 40 of 2014 concerning Insurance, the formation of the Policy Guarantee Agency was mandated within three years of the enactment of this law. The establishment of this agency held significant importance in furnishing legal safeguards for policyholders. Employing a descriptive research design encompassing normative juridical analysis through statutory and conceptual frameworks, this study regarded secondary data acquired through documentation studies for data collection. The ensuing qualitative analysis of the data revealed that the establishment of the Policy Guarantee Agency necessitated a comprehensive investigation, encompassing considerations such as funding, human resources, and the agency's structural integration, whether as an autonomous entity or as part of an existing Deposit Insurance Corporation. Consequently, achieving consensus among legislative bodies was imperative to advance the establishment of the agency.]]>
<![CDATA[The Regulations Development of Objection Against the Indonesia Competition Commission (KPPU) Decision ]]>
<![CDATA[Aidi, Zil]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i1.572
<![CDATA[This research aims to analyze the regulation development of objection against the KPPU's decision after the issuance of the Supreme Court Regulation (PERMA) No. 3/2021 and its implementation. The research is descriptive with normative juridical type, using primary data through interviews and secondary data through library research, using qualitative analysis and logical deduction reasoning. There are differences in absolute competence, timeframe, and case examination between PERMA No.3/2021 with previous arrangements. This PERMA has been implemented at the Commercial Courts of Central Jakarta, Surabaya, and Medan. In addition, the transfer of absolute competence to the Commercial Court makes the performance of the KPPU's litigation team more efficient because it no longer needs to travel to many cities to face objections, considering the Commercial Court is only domiciled in 5 regions throughout Indonesia. Commercial Court judges should also understand business law better and be expected to produce quality decisions.]]>
<![CDATA[Virtual Land: Deciphering Blockchain-Based Property Transactions and Their Legal Implications ]]>
<![CDATA[Maulana, Muhammad Asrul]]>;
<![CDATA[Multazam, Mochamad Tanzil]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i1.574
<![CDATA[This study aims to investigate the scheme of virtual land transactions based on blockchain technology and the legal relationships among parties involved in such transactions. This research is descriptive, with the type of normative juridical research, using statutory and conceptual approaches, data collection techniques in the form of literature studies, then the data are analyzed qualitatively. The results reveal that the transaction process on platforms like Decentraland and The Sandbox includes registering a digital wallet, purchasing virtual land, managing and developing the land, reselling it as an NFT asset, and exchanging cryptocurrencies for local currency. The legal relationships between sellers, buyers, and platform owners are also identified. This research contributes to users' understanding of virtual land transactions and intellectual property ownership in the digital realm.]]>
<![CDATA[Enhancing Trade Secret Protection amidst E-commerce Advancements: Navigating the Cybersecurity Conundrum ]]>
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Budi, Henry Soelistyo]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i1.608
<![CDATA[The e-commerce ecosystem has encompassed various aspects of life, giving rise to legal implications, particularly in the areas of intellectual property and personal data protection, which are now inseparable from Indonesia”™s economic system in the digital age. This research aims to elucidate the legal relationship between trade secrets as a crucial form of intellectual property to be safeguarded in the digital era and analyze Indonesia”™s legal capability to protect trade secrets amidst the escalating challenges of cybersecurity due to the widespread use of various forms of e-commerce. The research employs a normative legal research method to analyze the protection and legal certainty concerning trade secrets, which can be subject to unauthorized access or theft through cyberattacks. Utilizing a legislative approach, the research relies on secondary data in the form of primary legal sources. The findings of this research reveal political-legal issues and normative shortcomings in regulating e-commerce and trade secrets, often underestimating the digital threats that can harm individuals”™ intellectual property rights.]]>
<![CDATA[Deradicalization of Minors Involved in Terrorist Attacks ]]>
<![CDATA[Nurisman, Eko]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i1.4208
<![CDATA[Terrorism as a universal threat to peace has been a huge problem specifically for Indonesia, threatening the fabrics of Indonesian society in collaboration with radicalism, which can reach even minors. To fight this, efforts to eradicate radicalization as an important factor in the spread of terrorism”™s influence should be supported with by adequate regulations. Using the normative legal research method, this research analyzes the reality of terrorism and its relation to the existing relevant legal framework in Indonesia. This research finds that terrorism has a wide grip on Indonesian society, especially the youth, due to the spread of radicalism and the weak normative structure surrounding the act of radicalization. Findings and analysis of this research argue that there are possibilities of using the restorative justice approach through the process of deradicalization, according to Indonesia”™s ideology, Pancasila.]]>
<![CDATA[Restorative Justice Framework for Underage Drug Abusers to Face Long-Term and Societal Challenges ]]>
<![CDATA[Alhakim, Abdurrakhman]]>;
<![CDATA[Rusdiana, Shelvi]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 7 No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v7i1.4209
<![CDATA[Youth development has always been an important aspect in the fight against drug abuse, which includes the effort in dealing with underage drug abusers to help them reflect and get back to society. Using normative legal research method, this research dives deep into the challenges facing underage drug abusers on their way back to society and how these challenges impact their future involvement with drugs and their ability to function normally. Through statutory approach, this research finds the possible normative construction to provide a concrete framework of restorative justice. With the restorative justice approach, societal challenges facing underage drug abusers such discriminations, prejudice, and labelling can be met with solutions that provide implementation during the process of rehabilitation and after it.]]>
<![CDATA[Corruptors Remission Controversy: A Review of Human Rights and Justice Perspective ]]>
<![CDATA[Mulyana, Aji]]>;
<![CDATA[Suryanto, Salsa Octaviani]]>;
<![CDATA[Putri, Kayla Andini]]>;
<![CDATA[Permana, Ajeng]]>;
<![CDATA[Salsabila Hadi Aulia, Salsabila Hadi]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v8i2.4456
<![CDATA[The granting of remission to prisoners convicted of corruption in Indonesia has sparked controversy in the context of human rights and justice. The purpose of this study is to analyze remission policies in Indonesia for prisoners convicted of corruption. The methods used are normative juridical and qualitative analysis, which review relevant legislation and court decisions. The results of the study show that the revocation of Government Regulation No. 99 of 2012 opens up opportunities for convicted corruption offenders to obtain disproportionate remissions, thereby reducing public awareness and trust in the penal system. The diverse characteristics of corruption perpetrators—in terms of position, modus operandi, state losses, and socio-economic background—are somewhat inconsistent with the rehabilitative approach in the correctional system. Therefore, a more selective, fair, and corruption-eradicating remission policy is needed so that this study contributes to the development of correctional law and sentencing policy.]]>
<![CDATA[Governance Strategy for Free Nutritious Food Procurement: An Administrative Law Perspective ]]>
<![CDATA[Arifin, Zaenal]]>;
<![CDATA[Arifin, Miftah]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 9 No 2 (2025): 2025 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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<![CDATA[The Free Nutritious Food Program (MBG) is a strategic government policy to improve the quality of human resources; however, its procurement governance still raises juridical concerns that create discrepancies between das sollen and das sein. This study aims to analyze the governance of MBG procurement from the perspective of Administrative Law and to formulate procurement strategies in line with the principles of good governance. The research employs a normative juridical method with statute approach and case approaches, using primary legal materials such as Presidential Regulation No. 16 of 2018 and Presidential Regulation No. 83 of 2024, and is qualitatively analyzed. The findings reveal practices of large provider dominance, limited MSME access to the e-catalog, and weak oversight, which contradict the principles of legality, justice, and accountability. The novelty of this research lies in its assertion that MBG procurement is an administrative act (bestuursdaad) that must be examined within the framework of Administrative Law to ensure the program’s legitimacy, fairness, and sustainability.]]>
<![CDATA[State Responsibility in Post-Judgment Reforestation Following Environmental Fines ]]>
<![CDATA[Cakra Tona Parhusip]]>;
<![CDATA[Triono Eddy]]>;
<![CDATA[Adi Mansar]]>;
<![CDATA[Ena Kazić Çakar]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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<![CDATA[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.]]>
<![CDATA[Parent Corporation Liability For Losses of State-Owned Enterprise Subsidiaries: A Substantive Control and Public Accountability Approach ]]>
<![CDATA[Dicki Irvandi]]>;
<![CDATA[Triono Eddy]]>;
<![CDATA[Adi Mansar]]>;
<![CDATA[Alief Risyawan]]>
<![CDATA[ Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025 ]]>
Publisher : <![CDATA[Sekolah Tinggi Hukum Bandung ]]>
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DOI: 10.25072/jwy.v9i1.4482
<![CDATA[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.]]>
