Walisongo Law Review (Walrev)
Walisongo Law Review (Walrev) is a scientific journal published in April and October each year by the Law Studies Program at the Faculty of Sharia and Law, Universitas Islam Negeri Walisongo, Semarang. This journal has specifications as a medium of publication and communication of legal science ideas derived from theoretical and analytical studies, as well as research results in the field of legal science. The editor hopes that writers, researchers and legal experts will contribute in this journal.
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<![CDATA[TIME FOR PUNISHMENT WITH SUBJECTIVITY: STUDY PHILOSOPHY OF LAW ]]>
<![CDATA[Sulistyawan, Aditya Yuli]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4754
<![CDATA[The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.]]>
<![CDATA[LAW AND PUBLIC RELATIONS IN INDONESIA: VIEWED FROM THE THEORY OF JOHN HENRY MERRYMAN ON STRATEGIES OF LEGAL DEVELOPMENT ]]>
<![CDATA[Djatmiko, Wahju Prijo]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4751
<![CDATA[Principally, legal development is a sustainable development, its function as human interest protection, legal aims to reach an order and balance. Order in society guarantees the protection on human interest. Even though, the development on law is directed to create order in society, meaning law and society are interconnected, there are still plenty of legal products that are not able to meet people needs, and one of them is the judicial review on the Act no. 19 year 2013 on Protection and Enforcement to Farmers. This reflects that the Act does not represent social factors. This shows no harmony and benefit connections between the Act no.19 year 2013 as written legal product and society. This phenomenon, then, is analyzed from Theory of John Henry Merryman on Legal Development Strategy (Orthodox and Responsive). The process of making a responsive legal product is a participative one meaning that the process involves greatly the participation of society through social groups and individual in community. Reversely, orthodox legal product is characterized by its centralistic process in which state institutions dominate the process, especially the authority of executives.]]>
<![CDATA[INCONSISTENCY OF PRISON CRIMINAL SANCTIONS FOR CHILDREN AND CRIMINAL OBJECTIVES IN RKUHP ]]>
<![CDATA[Triwati, Ani]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4755
<![CDATA[Children are vulnerable groups when dealing with the criminal justice system based on various analyzes. Therefore a special mechanism is needed to protect the interests of children facing the law. It is affirmed in the UN Regulations for the Protection of Children Who Lost their Freedom that the child court system must uphold rights and safety and promote the physical and mental well-being of children. Prison sentences must be used as a last resort. Children who are in conflict with the law, will get a label or stigmatization from the community from the moment the case processes at the police level until the court ruling is even possible forever. This article will discuss the implications of inconsistencies in prison sanctions for children and the purpose of criminal prosecution in RKHUP, that children who proceed in criminal justice, the label will be inherent indefinitely, so it is likely that children tend to commit criminal acts again. Prison sentences will bring children to learn more about their environment.]]>
<![CDATA[CRIME OF MAKAR AND ITS ENFORCEMENT IN POST-REFORM INDONESIA ]]>
<![CDATA[Sulaeman, Eman]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4753
<![CDATA[In the era of reforms characterized by freedom of thought and opinion, the position of makar crime formulation in the criminal law book (KUHP) is very dilemmatic. Its Formulation is needed to maintain state sovereignty. However, its presence has not well defined yet. So, it threatens the independence of Makar crime and its elements. This research will analyze the formulation of Makar crime in the Criminal law book (KUHP), its enforcement in Indonesia post-reforms, and its draft formulation in the Criminal law book (KUHP). Library research method through juridical-normative was used in this research. The result shows that the formulation of Makar crime which was set forth in Article 104, 106, 107, and 108 of the Criminal law book (KUHP) still has not define Makar and its parameters to the elements. Therefore, it is necessary to reform the criminal law effectively in accordance with the principles of law and democratic state in the Draft Law (RUU) of the Criminal law book (KUHP) in order to overcome makar crime.]]>
<![CDATA[FORGIVENESS OF JUDGES: LOCAL WISDOM IN THE CONCEPT OF NATIONAL CRIMINAL LAW ]]>
<![CDATA[Zuhri, Muhammad Fakhruddin]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4757
<![CDATA[Criminal law, as an instrument of guarding public order, has two functions. The first one is as general function to regulate life and to organize procedures in society. The second one is as particular function to protect legal interests from crime by giving criminal punishment as sanctions for the perpetrators. Conceptually, forgiveness of the judge emerges to modify rigid legal certainty towards flexible legal certainty. This departs from several cases that have actually fulfilled the formulation of criminal offenses, but their actions are not feasible to be sentenced. Therefore, in the concept of the National criminal law, the Draft of Criminal Code (RKUHP) makes a new formula containing local wisdoms that regulate the possibility of forgiveness of the judge to several cases that are improperly being convicted. This paper focuses on the concept of forgiveness of the judge that cannot be separated from the local wisdom values, including religious values and legal wisdoms living in society.]]>
<![CDATA[Crime of Makar and Its Enforcement in Post-Reform Indonesia ]]>
<![CDATA[Eman Sulaeman]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4753
<![CDATA[In the era of reforms characterized by freedom of thought and opinion, the position of makar crime formulation in the criminal law book (KUHP) is very dilemmatic. Its Formulation is needed to maintain state sovereignty. However, its presence has not well defined yet. So, it threatens the independence of Makar crime and its elements. This research will analyze the formulation of Makar crime in the Criminal law book (KUHP), its enforcement in Indonesia post-reforms, and its draft formulation in the Criminal law book (KUHP). Library research method through juridical-normative was used in this research. The result shows that the formulation of Makar crime which was set forth in Article 104, 106, 107, and 108 of the Criminal law book (KUHP) still has not define Makar and its parameters to the elements. Therefore, it is necessary to reform the criminal law effectively in accordance with the principles of law and democratic state in the Draft Law (RUU) of the Criminal law book (KUHP) in order to overcome makar crime.]]>
<![CDATA[Forgiveness of Judges: Local Wisdom in the Concept of National Criminal Law ]]>
<![CDATA[Muhammad Fakhruddin Zuhri]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2019.1.1.4757
<![CDATA[Criminal law, as an instrument of guarding public order, has two functions. The first one is as general function to regulate life and to organize procedures in society. The second one is as particular function to protect legal interests from crime by giving criminal punishment as sanctions for the perpetrators. Conceptually, forgiveness of the judge emerges to modify rigid legal certainty towards flexible legal certainty. This departs from several cases that have actually fulfilled the formulation of criminal offenses, but their actions are not feasible to be sentenced. Therefore, in the concept of the National criminal law, the Draft of Criminal Code (RKUHP) makes a new formula containing local wisdoms that regulate the possibility of forgiveness of the judge to several cases that are improperly being convicted. This paper focuses on the concept of forgiveness of the judge that cannot be separated from the local wisdom values, including religious values and legal wisdoms living in society.]]>
<![CDATA[Time for Punishment with Subjectivity: Study Philosophy of Law ]]>
<![CDATA[Aditya Yuli Sulistyawan]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
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DOI: 10.21580/walrev.2019.1.1.4754
<![CDATA[The dominance of legal positivism in thought and law enforcement is a reality. Saintism of legal science presents a law that is conceptualized as something that exists in sensory terms, along with its straightforward, rational, and objective nature. Law is always requested objectively. Objectivity is done by freeing the subject's mind to the legal reality that already exists as an object. Therefore, various legal cases such as the case of Asyani, Rasminah, Minah and others, are things that are easily proven as violating the law because it is a violation of the text of the article of law. Such a way of law, is now starting to become a public concern. So, when objectivity begins to be questioned, that's when the real subjectivity of asking begins to be considered - and this will be explained [only] in the study of legal philosophy, especially paradigmatic studies. This paper will discuss the possibility of subjectivity in law, which will be presented in the paradigmatic study.]]>
<![CDATA[Law and Public Relations in Indonesia: Viewed from the Theory of John Henry Merryman on Strategies of Legal Development ]]>
<![CDATA[Wahju Prijo Djatmiko]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21580/walrev.2019.1.1.4751
<![CDATA[Principally, legal development is a sustainable development, its function as human interest protection, legal aims to reach an order and balance. Order in society guarantees the protection on human interest. Even though, the development on law is directed to create order in society, meaning law and society are interconnected, there are still plenty of legal products that are not able to meet people needs, and one of them is the judicial review on the Act no. 19 year 2013 on Protection and Enforcement to Farmers. This reflects that the Act does not represent social factors. This shows no harmony and benefit connections between the Act no.19 year 2013 as written legal product and society. This phenomenon, then, is analyzed from Theory of John Henry Merryman on Legal Development Strategy (Orthodox and Responsive). The process of making a responsive legal product is a participative one meaning that the process involves greatly the participation of society through social groups and individual in community. Reversely, orthodox legal product is characterized by its centralistic process in which state institutions dominate the process, especially the authority of executives.]]>
<![CDATA[Inconsistency of Prison Criminal Sanctions for Children and Criminal Objectives in RKUHP ]]>
<![CDATA[Ani Triwati]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.21580/walrev.2019.1.1.4755
<![CDATA[Children are vulnerable groups when dealing with the criminal justice system based on various analyzes. Therefore a special mechanism is needed to protect the interests of children facing the law. It is affirmed in the UN Regulations for the Protection of Children Who Lost their Freedom that the child court system must uphold rights and safety and promote the physical and mental well-being of children. Prison sentences must be used as a last resort. Children who are in conflict with the law, will get a label or stigmatization from the community from the moment the case processes at the police level until the court ruling is even possible forever. This article will discuss the implications of inconsistencies in prison sanctions for children and the purpose of criminal prosecution in RKHUP, that children who proceed in criminal justice, the label will be inherent indefinitely, so it is likely that children tend to commit criminal acts again. Prison sentences will bring children to learn more about their environment.]]>
