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INDONESIA
AL WASATH Jurnal Ilmu Hukum
Published by Universitas Nahdlatul Ulama Indonesia
ISSN : -     EISSN : 27216160     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
AL WASATH Jurnal Ilmu Hukum is an academic law journal published by the Faculty of Law, Universitas Nahdlatul Ulama Indonesia (UNUSIA). This Journal is opened for academics or professionals and focussed on various legal disciplines such as but not limited to constitutional law, labor law, private law, philosophy of law, international law, and Islamic law. AL WASATH Jurnal Ilmu Hukum published periodically in April and November articles written in English and Bahasa Indonesia. E-ISSN 2721-6160 That can be accessed on http://journal.unusia.ac.id/index.php/alwasath
Arjuna Subject : Ilmu Sosial - Hukum
Articles 129 Documents
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PERLINDUNGAN HUKUM DATA PRIBADI SEBAGAI HAK PRIVASI Kusnadi, Sekaring Ayumeida
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.127

Abstract

Everyone must have personal data. Personal data is something that is inherent in everyone. Personal data is something that is sensitive. Personal data is something that must be protected because it is the right of everyone's privacy. The right to privacy is a constitutional right of citizens which has been regulated in the 1945 Constitution of the Republic of Indonesia. A constitutional right is the obligation of a state towards its citizens. In Indonesia, there are currently many legal problems that misuse someone's personal data for personal gain. However, currently the handling of these legal issues has not been maximized due to the absence of norms in the legal protection of personal data. The purpose and focus of this research is to find out the essence of legal protection of personal data as a right of privacy and a form of legal protection of personal data as a right of privacy in Indonesia. The research method used in this research is normative juridical, through a conceptual approach. The result of this research is that the essence of legal protection of personal data as privacy rights is a constitutional right of citizens. Indonesia does not yet have laws and regulations that form the legal basis for the protection of personal data. Therefore, in the legal protection of personal data, Indonesia experiences a vacuum of norms so that it cannot optimally protect the personal data of citizens.
HUKUM DAN MORAL: MENGULIK ULANG PERDEBATAN POSITIVISME HUKUM DAN TEORI HUKUM KODRAT H.L.A HART & LON F. FULLER Rusydi, Muhammad
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.134

Abstract

ABSTRACT This paper explores the theoretical exchange between two influential legal thinkers, H.L.A. Hart and Lon F. Fuller. The first mentioned represent the school of legal positivism while the later known as the defender of natural law theory. This paper refers to their early works of Hart’s “Positivism and the Separation of Law and Morals” and Fuller’s “Positivism and Fidelity to Law-A Reply to Professor Hart” which both published in 1958. Keywords: Legal Positivism, Natural Law Theory, H.L.A. Hart, Lon F. Fuller.
HAM DAN KEBEBASAN BERPENDAPAT DALAM UUD 1945 Hsb, Mara Ongku
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.135

Abstract

Human rights are rights inherent in a person since birth that cannot be contested by anyone because it is a private property and guaranteed by the state to protect every citizen, one of which is freedom of opinion orally or in writing, which is regulated in the Declaration. General Human Rights, in the 1945 Constitution. The purpose of this study is to determine human rights and freedom of opinion in the 1945 Constitution. Research methods library research (literature study), in legal research the method of normative juridical approach or literature law research which means an approach based on legal rules as a provision and also the constitution. The results of this study indicate that the freedom of opinion in the 1945 Constitution regulated in law is the right to express opinions, express thoughts and to form an association (UUD 1945 article 28 E, F), Law No. 39 of 1999 about human rights Articles 14, 23, 24, and 25. Law No. 9 of 1998 emphasizes that freedom of opinion is a fundamental right in life that is guaranteed and protected by the state. lately freedom of opinion is sometimes still reasonable for constructive criticism made by the community but often freedom of opinion experiences a narrowing of public space, both oral and written.
RULE OF LAW AND ITS EFFECT ON CHINESE ECONOMIC DEVELOPMENT Roziqin, Roziqin
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.166

Abstract

China's economic growth during the Covid-19 pandemic was impressive because it did not fell into recession. China's government has become a role model for facing Covid-19 outbreaks. China is now the world's wealthiest country, if we see its Gross Domestic Product from Purchasing Power Parity (GDP-PPP). China's position as the number one globally is faster than Jacques's prediction in 2009 that it will happen in 2050. For China, which does not implement liberal democracy, the writer hypothesizes that the reasonable choice to develop the economy is state-driven development through the rule of law. At present, the rule of law has become a daily conversation of the Chinese people. However, there are still many outsiders who doubt China has and applies the rule of law. It happens because China implements the rule of law with Chinese characteristics. This research will study the rule of law with Chinese characteristics, China's effort to implement the rule of law, and the rule of law on China's economy. This study uses a qualitative descriptive approach to explain the rule of law with Chinese characteristics. It will analyze the rule of law concept and its effect on China's economy. China applies the rule of law with Chinese characteristics based on Chinese traditions, which are heavily influenced by Confucius's teachings and prioritize obligations rather than rights. China has done many reforms action to implement the rule of law. The implementation of the rule of law in china makes China become a prosperous country now.
AGRESIFITAS SUPIR BIS KOTA YANG BERETNIS BATAK DAN TINGKAT KAPATUHAN BERLALU LINTAS alatas, maryam
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.171

Abstract

This study aims to see a picture of the aggression behavior of city bus drivers and to find out the things that trigger aggression behavior in city bus drivers and their correlation with legal compliance of city bus drivers in traffic. Data collection techniques in this study were interviews and observations. The research subjects in this study were city bus drivers aged 30-40 years who have worked as bus drivers for at least one year and are of Batak ethnicity. In addition to interviews with the subject, researchers also conducted interviews with the significant other which is the subject's kernet. The results showed that the subjects engaged in aggressive behavior both physically, verbally, actively, passively and directly or indirectly, which was triggered by several factors, namely, frustration, stress, deindividuation, power and obedience, provocation and air temperature. This is a factor in the low level of legal compliance of bus drivers in traffic. Keywords: aggression, city bus driver, adherence, traffic.
DASUN REMBANG: TENGGELAM DAN BANGKIT Said, Muhtar
AL WASATH Jurnal Ilmu Hukum Vol 2 No 1 (2021): Pandemic, Human Right and Public Policy
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i1.176

Abstract

Desa Dasun merupakan desa yang mempunyai sejarah Panjang karena merupakan pintu masuk Kota Lasem, Rembang dari wilayah pesisir utara. Meskipun pernah meraih kejayaan karena menjadi pusat perekonomian pada zaman dahulu kemudian tenggelam oleh zaman. Namun seiring waktu Desa Dasun mulai menuju kebangkitan. Kata Kunci : Dasun, Lasem, Rembang
ANALISIS KESESUAIAN PENGATURAN BADAN USAHA MILIK DESA DENGAN NILAI-NILAI PANCASILA Gani Wardana, Allan Fatchan
AL WASATH Jurnal Ilmu Hukum Vol 2 No 2 (2021): Pandemi, Hak Asasi Manusia, dan Kebijakan Publik
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i2.180

Abstract

Villages as legal entities have more authority to regulate and manage their territorial affairs autonomously, one of which is to form Village-Owned Enterprises (BUM Desa). BUMDesa is one of the important capitals for the village to realize community empowerment and must be managed with a spirit of kinship and mutual cooperation . The regulations regarding BUMdesa are scattered in various regulations. This research examines two things, first how BUMDesa is regulated in statutory regulations, second is whether the regulation regarding BUMDesa is in accordance with Pancasila values. This study uses a normative juridical method with a statutory approach. The results of the study concluded thatVillage BUM regulations are regulated in 3 (three) levels of statutory regulations (Laws, Government Regulations, and Ministerial Regulations). A very comprehensive arrangement is even regulated at the level of a Ministerial Regulation. Village BUM are pillars and milestones that can encourage village progress so that important things should be regulated at the level of Law, Second, Village BUM regulations in various regulations are normatively in accordance with Pancasila values, namely humanitarian, unity, populist principles. and justice has been used as the basis for the establishment, management, development, and utilization of the Village-Owned Enterprise (BUM Desa) business results.
CIDERA JANJI (WANPRESTASI) DALAM PERJANJIAN FIDUSIA BERDASARKAN PASAL 15 AYAT (3) UU NOMOR 42 TAHUN 1999 PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 18/PUU-XVII/2019 Nugraha, Sigit Nurhadi
AL WASATH Jurnal Ilmu Hukum Vol 2 No 2 (2021): Pandemi, Hak Asasi Manusia, dan Kebijakan Publik
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i2.213

Abstract

Verdict of Constitution Court Number 18/PUU-XVII/2019 makes a new reinterpretation to “breach of contract” or “default” based on article 15 paragraph (3) of Law Number 42 Year 1999 concerning Fidusiary Guarantee (hereinafter referred to “UU Nomor 42 Tahun 1999”). Before the existence of this Constitution Court’s verdict, statement of “breach of contract” or “default”always be maked by creditor (as financing company) by his own opinion. This condition makes the creditor tend to act arbitrarily to the debtor which is in a weaker position. After the existence of constitution court’s verdict number 18/PUU-XVII/2019, “breach of contract” or “default” of the debtor must be determined based on the agreement between creditor dan debtor or it can be determined based on particular legal action, that’s by litigation procedure on court institution. This makes kreditor unable to to act arbitrarily anymore in determining of the debtor’s default.
PERUBAHAN NON-FORMAL KONSTITUSI DI INDONESIA PASCA-REFORMASI BERDASARKAN PEMIKIRAN FAJRUL FALAAKH Aldiansyah, Aldiansyah
AL WASATH Jurnal Ilmu Hukum Vol 2 No 2 (2021): Pandemi, Hak Asasi Manusia, dan Kebijakan Publik
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i2.253

Abstract

The constituent changes in Post-Reformation Indonesia are very interesting to discuss ranging from formal amendment changes and non-formal changes that change without changing the text of the constitution in question. Also happens informally (informal change informal amendment), namely changes to the contituents without changing the text of the contitution concerned or changes outside the text of the contitution”. Formal amendments (formal changes) are only one way to change the constitution. Changes can also occur non-formally (informal changes, informal amendments), namely changes to the constitution without changing the text in question or changes "outside the text of the constitution" (buiten de grodwet). Constitutional norms can change when further regulated in law by the legislature, or determined by a judge to determine the law of a case he is trying. Fajrul Falaakh contributed research results in his book "Growth and Constitutional Models", to describe the occurrence of non-formal changes to the constitution in the normative realm as well as in an empirical perspective, so as to obtain wider benefits. The lack of synchronization in the constitutional legal system or regime certainly has an impact on the constitutional system based on the 1945 Constitution of the Republic of Indonesia, especially on the fields contained in the constitution that undergo non-formal changes. From the review of the results of FF's research, it was identified that it would be useful as a legislative review by legislators, judicial review by the Constitutional Court, changes in the behavior of the political elite and society to the politics of changing the constitution.
LEGALITAS BAWASLU KABUPATEN/KOTA : STUDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 48/PUU-XVII/2019 Muhammad Bastari Mauludi Mauludi, Muhammad Bastari
AL WASATH Jurnal Ilmu Hukum Vol 2 No 2 (2021): Pandemi, Hak Asasi Manusia, dan Kebijakan Publik
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v2i2.264

Abstract

In 2020, the Constitutional Court issued the Constitutional Court Decision Number 48/PUU-XVII/2019 regarding the Legality of the Regency/City Election Oversight Body. The Constitutional Court's decision gave rise to overlaps between the Election Law and the Regional Head Election Law. so that the problems that arise are related to the legality of the Regency/City Bawaslu before and after the Constitutional Court Decision Number 48/PUU-XVII/2019. This study uses a qualitative method (library research) combined with empirical research methods by extracting information from the opinion of informants about the Legality of Regency/City Bawaslu. And the results of the research are the Changes in the Nomenclature of Regency/City Bawaslu as a monitoring agency for the implementation of elections that are permanent and independent according to those stated in Law Number 7 of 2017. And do not use the local election Law as the basis for establishing Regency/City Bawaslu.

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