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[LEGAL PROTECTION FOR DISABILITY WORKERS IN SEMARANG: CASE STUDY AT PT. SAMWON BUSANA INDONESIA ]]>
<![CDATA[Indarti, Retno]]>;
<![CDATA[Masyithoh, Novita Dewi]]>;
<![CDATA[Nurhayati, Tri]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2020.2.1.5555
<![CDATA[The purpose of this study is to measure legal protection and employment opportunities for persons with disabilities who work in various companies in the city of Semarang, Central Java. As is known, the right to work for citizens is regulated in Article 27 Paragraph 2 of the 1945 Constitution, which mandates the right of citizens to get a decent job and life. Every citizen has the same rights and the state (government) has regulated these rights in terms of obtaining employment without exception, including persons with disabilities. This study uses a juridical-empirical (non-doctrinal) approach, which examines how employment opportunities and legal protection of persons with disabilities in the city of Semarang, especially in PT. Samwon Clothing Indonesia. Primary data sources were obtained from PT. Samwon Busana Indonesia through interviews, secondary data in the form of legal material. Data Collection Method with Interview and Documentation methods, Data Analysis is done by a descriptive method. The results showed that employment opportunities for workers with disabilities in the city of Semarang, especially in PT Samwon Busana Indonesia had fulfilled one percent of the total employees. The total disability workers at the company are 14 out of a total of 1317 employees. In terms of legal protection, all employees both with disabilities and do not get the same rights and opportunities to be treated fairly. In addition, fulfillment of the rights of workers with disabilities is also fulfilled without discrimination.]]>
<![CDATA[ANALYSIS OF THE CAUSES OF NARCOTICS RECIDIVITIES IN CLASS IIA PRISONS IN BOGOR ]]>
<![CDATA[Septiawan, Yudha Nugraha]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2020.2.1.5321
<![CDATA[The risk can cause harm to someone, including people who have used narcotics. Drug abuse is a concern for many people today. Misuse of narcotics is a deviation of behavior or deeds that violate the law, and it is unfortunate if prisoners who are free to repeat the narcotics crime again. The problem that became the reference in this research is whether the factors that cause the repetition of narcotics crime, how the risk of repetition of narcotics crime, and how to overcome the narcotics crime repetition. The purpose of this study is to determine the factors, risks, and efforts in overcoming repetition of narcotics crime. This research was conducted using a qualitative approach by collecting data using interview, observation, and documentation methods. Data analysis is described in the form of sentence descriptions and analyzed qualitatively, then a conclusion is drawn. Based on the results of research and discussion, it is concluded: (1) Factors that influence the repetition of narcotics crime are internal factors and external factors. (2) The risk of repetition of narcotics crime is carried out in the level of risk classification. (3) Efforts to overcome the repetition of narcotics crime shall be carried out in a preventive and repressive manner. The advice given is maximizing rehabilitation activities carried out in Corrections Institutions and maximizing coaching programs in Corrections Institutions]]>
<![CDATA[LEGAL POLITICAL STUDY ON TRANSLATION OF HUMAN RIGHTS IN THE INDIGENOUS PEOPLES IN DHARMASRAYA WEST SUMATERA DISTRICT ]]>
<![CDATA[Andiki, Febri]]>;
<![CDATA[ALW, Lita Tyesta]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2020.2.1.5290
<![CDATA[The national land law structure in force in Indonesia does not mention and does not prohibit the sale and purchase of customary land rights. The fact in customary law has conditions that must be met regarding the transfer of the sale of customary land rights. If it does not meet the requirements, then buying and selling rights to customary land is said to be a deviation regarding the objectives contained in the customary order. Formulation of the first problem, why the legality of buying and selling rights over customary land of the Malay tribe in Dharmasraya Regency, West Sumatra Province. Second, what is the form of transfer of customary land rights according to customary law and national land law in Dharmasraya Regency and what kind of government legal policy is capable of providing protection to customary community rights relating to customary land rights? This paper is the result of research using the Socio Legal Research method that uses primary data and secondary data is a source of questions with the collection techniques carried out by observation and interviews equipped with literature studies and analyzed descriptively prescriptive. The results of the study found a deviation regarding the substance of the transfer of title to the Malay customary land. One of the factors is the undeniable development of the age related to economic survival without thinking about the common rights inherent in customary land. The conclusion is that the customary land is a common right of the customary law community. The meaning of collective rights here is not owned by individuals, ?ninik mamak? or customary leaders only. Therefore, the sale and purchase of customary land rights must be returned in accordance with customary law norms attached to the customary law community itself. So that the existence of customary land is maintained in the days to come and is not eroded by time. The future legal politics of the government pays attention to the existence of customary land and recognizes the customary community's customary land to be poured in the form of an authentic deed and poured in the form of a Regency / City Regional Regulation in terms of the transfer of customary rights to other parties, especially investors.]]>
<![CDATA[ANNUAL LEAVE ENTITLEMENT OF LABOR (A COMPARISON BETWEEN EGYPT LAW WITH INDONESIA) ]]>
<![CDATA[Jaedin, Jaedin]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2020.2.1.5530
<![CDATA[Wages are unimportant in work ties then leave pay is a worker's right that must be provided in accordance with the principle of no work no pay. Leave is a goal to restore labor to a physically stable and able to rest the human body. However, the regulations in Indonesia do not apply the law as in the State of Egypt, the employer revokes the wages of leave if the worker is provided with other services while on leave. Regulations in Egypt are in accordance with the Egyptian Law Number 12 of 2003 concerning relevance to the purpose of the leave itself, namely leave to rest the physical or body of the worker, not to utilize work leave at another employer. However, the regulations in Indonesia in Law Number 13 of 2003 have not been regulated as in Egypt. In Egypt, it is more comprehensive in expressing the principle of no work, no pay.]]>
<![CDATA[IMPLEMENTATION OF THE METHADONE MAINTENANCE THERAPY PROGRAM FOR HIGHRISK DRUG PRISONERS ]]>
<![CDATA[Zakaria, Moch Subhan]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2020.2.1.5338
<![CDATA[The harm reduction program is a program that aims to assist inmates who use syringes (IDU's) in overcoming dependence on narcotics medically and to prevent the adverse effects caused by narcotics abuse. Where in general the use of heroin is done by injecting using a syringe alternately, or known as "For Wet" This can cause a new problem that is greater that the outbreak of the HIV/AIDS virus. Most prisoners use injecting narcotics before entering prison and have been infected with the HIV virus, so the risk of transmitting HIV/AIDS to other prisoners is very high. The tendency of the number of relapses (reuse) by prisoners who are in the period of coaching is quite high despite the efforts of strict supervision in the security sector, but in fact in several prisons/detention there is narcotics smuggling in various modes. For this reason, the Indonesian Ministry of Law and Human Rights through the Directorate General of Corrections organizes the P4GN program (Prevention of Eradication of Narcotics Abuse and Circulation) in prisons and detention environments by promoting the principle of "Total Abstinence" meaning that no use of any type of narcotics during coaching in prisons and prisons. But for the type of metadone, which is a type II narcotics can be tolerated because it is used for the purpose of treatment/healing of narcotics dependence and is also a government program implemented by the Ministry of Health as the leading sector.]]>
<![CDATA[PRESUMPTION OF INNOCENCE AGAINST CRIMINAL OFFENDERS IN THE POLICE: A CRITICAL STUDY ]]>
<![CDATA[Wulandari, Oktavia]]>;
<![CDATA[Imron, Ali]]>;
<![CDATA[Ernawati, Briliyan]]>;
<![CDATA[Nurdin, Nazar]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
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DOI: 10.21580/walrev.2020.2.1.5506
<![CDATA[The purpose of this paper is to conduct a critical study of the application of the presumption of innocence to the perpetrators of criminal acts (suspects) investigated by the police. Implementation of the principle is important to study because the suspect must not be considered guilty before the criminal act is proven. A review of this case was carried out at the Kendal Police Department in mid-2019-2020. Writing texts are written with a normative-empirical approach. The non-doctrinal approach was chosen because it can clearly examine the application of the principle of presumption of innocence in more depth. Therefore, the author considers it necessary to carefully examine the application of these principles in the process of law enforcement at the police level. The results showed that the application of the principle of presumption of innocence in the Kendal Police Department was not optimal, because some of its applications were colored by threats and acts of violence. The suboptimal application of this principle is influenced by various factors, including the lack of legal knowledge of suspects and threats and acts of violence that are not reported. As we know the presumption of innocence is a fundamental principle in the criminal justice system, where a person must be positioned innocent before his guilt is proven in an honest and open trial.]]>
<![CDATA[Annual Leave Entitlement of Labor (A Comparison between Egypt Law with Indonesia) ]]>
<![CDATA[Jaedin Jaedin]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
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Download Original
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DOI: 10.21580/walrev.2020.2.1.5530
<![CDATA[Wages are unimportant in work ties then leave pay is a worker's right that must be provided in accordance with the principle of no work no pay. Leave is a goal to restore labor to a physically stable and able to rest the human body. However, the regulations in Indonesia do not apply the law as in the State of Egypt, the employer revokes the wages of leave if the worker is provided with other services while on leave. Regulations in Egypt are in accordance with the Egyptian Law Number 12 of 2003 concerning relevance to the purpose of the leave itself, namely leave to rest the physical or body of the worker, not to utilize work leave at another employer. However, the regulations in Indonesia in Law Number 13 of 2003 have not been regulated as in Egypt. In Egypt, it is more comprehensive in expressing the principle of no work, no pay.]]>
<![CDATA[Implementation of the Methadone Maintenance Therapy Program for Highrisk Drug Prisoners ]]>
<![CDATA[Moch Subhan Zakaria]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.21580/walrev.2020.2.1.5338
<![CDATA[The harm reduction program is a program that aims to assist inmates who use syringes (IDU's) in overcoming dependence on narcotics medically and to prevent the adverse effects caused by narcotics abuse. Where in general the use of heroin is done by injecting using a syringe alternately, or known as "For Wet" This can cause a new problem that is greater that the outbreak of the HIV/AIDS virus. Most prisoners use injecting narcotics before entering prison and have been infected with the HIV virus, so the risk of transmitting HIV/AIDS to other prisoners is very high. The tendency of the number of relapses (reuse) by prisoners who are in the period of coaching is quite high despite the efforts of strict supervision in the security sector, but in fact in several prisons/detention there is narcotics smuggling in various modes. For this reason, the Indonesian Ministry of Law and Human Rights through the Directorate General of Corrections organizes the P4GN program (Prevention of Eradication of Narcotics Abuse and Circulation) in prisons and detention environments by promoting the principle of "Total Abstinence" meaning that no use of any type of narcotics during coaching in prisons and prisons. But for the type of metadone, which is a type II narcotics can be tolerated because it is used for the purpose of treatment/healing of narcotics dependence and is also a government program implemented by the Ministry of Health as the leading sector.]]>
<![CDATA[Presumption of Innocence Against Criminal Offenders in the Police: A Critical Study ]]>
<![CDATA[Oktavia Wulandari]]>;
<![CDATA[Ali Imron]]>;
<![CDATA[Briliyan Ernawati]]>;
<![CDATA[Nazar Nurdin]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
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DOI: 10.21580/walrev.2020.2.1.5506
<![CDATA[The purpose of this paper is to conduct a critical study of the application of the presumption of innocence to the perpetrators of criminal acts (suspects) investigated by the police. Implementation of the principle is important to study because the suspect must not be considered guilty before the criminal act is proven. A review of this case was carried out at the Kendal Police Department in mid-2019-2020. Writing texts are written with a normative-empirical approach. The non-doctrinal approach was chosen because it can clearly examine the application of the principle of presumption of innocence in more depth. Therefore, the author considers it necessary to carefully examine the application of these principles in the process of law enforcement at the police level. The results showed that the application of the principle of presumption of innocence in the Kendal Police Department was not optimal, because some of its applications were colored by threats and acts of violence. The suboptimal application of this principle is influenced by various factors, including the lack of legal knowledge of suspects and threats and acts of violence that are not reported. As we know the presumption of innocence is a fundamental principle in the criminal justice system, where a person must be positioned innocent before his guilt is proven in an honest and open trial.]]>
<![CDATA[Legal Protection for Disability Workers in Semarang: Case Study at PT. Samwon Busana Indonesia ]]>
<![CDATA[Retno Indarti]]>;
<![CDATA[Novita Dewi Masyithoh]]>;
<![CDATA[Tri Nurhayati]]>
<![CDATA[ Walisongo Law Review (Walrev) Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Walisongo Semarang ]]>
Show Abstract
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DOI: 10.21580/walrev.2020.2.1.5555
<![CDATA[The purpose of this study is to measure legal protection and employment opportunities for persons with disabilities who work in various companies in the city of Semarang, Central Java. As is known, the right to work for citizens is regulated in Article 27 Paragraph 2 of the 1945 Constitution, which mandates the right of citizens to get a decent job and life. Every citizen has the same rights and the state (government) has regulated these rights in terms of obtaining employment without exception, including persons with disabilities. This study uses a juridical-empirical (non-doctrinal) approach, which examines how employment opportunities and legal protection of persons with disabilities in the city of Semarang, especially in PT. Samwon Clothing Indonesia. Primary data sources were obtained from PT. Samwon Busana Indonesia through interviews, secondary data in the form of legal material. Data Collection Method with Interview and Documentation methods, Data Analysis is done by a descriptive method. The results showed that employment opportunities for workers with disabilities in the city of Semarang, especially in PT Samwon Busana Indonesia had fulfilled one percent of the total employees. The total disability workers at the company are 14 out of a total of 1317 employees. In terms of legal protection, all employees both with disabilities and do not get the same rights and opportunities to be treated fairly. In addition, fulfillment of the rights of workers with disabilities is also fulfilled without discrimination.]]>
