Law and Humanity
Jurnal Magister Hukum (Law and Humanity) Universitas Wijaya Putra adalah media publikasi online khusus keilmuan di bidang hukum baik hukum pidana maupun hukum perdata bagi para pakar, akademisi, praktisi, pejabat negara, lembaga swadaya masyarakat, dan pemerhati hukum tata negara untuk menyebarluaskan hasil penelitian atau kajian konseptual tentang konstitusi dan topik-topik hukum tata negara yang belum dipublikasikan di tempat lain.
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<![CDATA[Legalitas Penggunaan Mata Uang Kripto Sebagai Alat Pembayaran Pada Era Industri 4.0 ]]>
<![CDATA[Kusumo, Mukharrom Hadi]]>;
<![CDATA[Daim, Nuryanto A.]]>
<![CDATA[ Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i2.632
<![CDATA[The public has made many changes to the pattern of economic transactions and non-cash currency transactions, indicating the increasing acceptance and preference of the public for online shopping and the formation of an e-commerce ecosystem, so Bank Indonesia will accelerate the issuance of a central bank digital currency. As in the preamble of the 1945 Constitution that the Indonesian nation is an independent nation based on the freedom of life as a nation, as a form of the Government of the State of Indonesia to promote general welfare and educate the nation's life, there needs to be a normative juridical type of research. The policy to regulate cryptocurrencies as legal tender in the country of El Salvador is a new breakthrough in the world of legal development so that the law follows technological developments in Era Industri 4.0. The legality of the Bitcoin crypto currency of the Republic of El Salvador is not much different from the legality of the regulation of the Indonesian Rupiah currency, thus enabling the Indonesian Government to make the Indonesian Rupiah cryptocurrency as a new means of payment in Era Industri 4.0.]]>
<![CDATA[Konflik Norma Mengenai Pengupahan Pada Peraturan Daerah Nomor 22 Tahun 2012 Tentang Sistem Penyelenggaraan Ketenagakerjaan Di Kabupaten Pasuruan ]]>
<![CDATA[Safana, Holis]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i2.633
<![CDATA[Article 88B of the Employment Creation Act expressly stipulates the regulation of workers' wages. In the article there are concepts of wages with results and units of time based on hourly wages. Pasuruan Regency is one of the regencies that has problems with the wage system law. Regional Regulation Number 22 of 2012 namely Article 37 paragraphs 4 and 5 with an additional 5% of the Regency/City Minimum Wage value is synchronized with worker productivity which is a conflict of norms against the implementation of Regional Regulation Number 22 of 2012 concerning the system of labor administration and its enforcement. Implementation of the policy of Regional Regulation Number 22 of 2012 concerning the Employment System in Pasuruan Regency is oriented to the realization of a balance between the interests of the implementer by avoiding potential conflicts over the regulation. This research was conducted using a research method with a conceptual approach and a statutory approach. The research method approaches Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 36 of 2021 concerning Wages which considers the minimum wage. Since the stipulation of District Regulation Number 22 of 2012 concerning the Employment System in Pasuruan Regency, the focus has been on achieving a balance in realizing the interests of the executors by avoiding potential conflicts over these regulations. Legal resolution related to the conflict of norms contained in Regional Regulation Number 22 of 2012 concerning the Employment Implementation System in Pasuruan Regency, which currently can only be reached by mediation.]]>
<![CDATA[Analisis Yuridis Pembentukan Undang-Undang Cipta Kerja Menurut Teori Perundang-Undangan ]]>
<![CDATA[Subowo, Adi]]>;
<![CDATA[Ismono, Joko]]>
<![CDATA[ Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i2.634
<![CDATA[The principles that make up laws and regulations, both formal and material, are usually ignored when making the Job Creation Law. The focus of this research is whether the Job Creation Law is in accordance with being carried out transparently and whether the legislative process of the Job Creation Law is considered too fast and ignores democratic principles. Normative juridical legal research, or research on legal standards, is used as a research methodology. Secondary data are obtained by combining data from primary, secondary, and tertiary legal materials. The results showed that Law Number 11 of 2020 concerning Job Creation has no legal force at the drafting stage, violating the NRI Constitution of 1945 and the principles of Law Number 12 of 2011 as amended by Law Number 15 of 2019 concerning the Establishment of Laws and Regulations. Adolf Merkel's double-faced theory and Hans Nawiasky's level theory meet the Job Creation Law. Here, the highest standards are Pancasila and the Indonesian Constitution of 1945, which are the basic standards of the country. According to Hans Nawiasky's theory, the Job Creation Law is considered a formal, gesetz, or formal law.]]>
<![CDATA[Analisa Yuridis Kewenangan Badan Anggaran Dewan Perwakilan Rakyat Daerah Dalam Penyusunan Anggaran Pendapatan Dan Belanja Daerah Di Kabupaten Bojonegoro ]]>
<![CDATA[Sirot, Hidayatus]]>;
<![CDATA[Daim, Nuryanto A.]]>;
<![CDATA[Aji, Rihantoro Bayu]]>
<![CDATA[ Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i2.636
<![CDATA[In line with the concept of regional autonomy, that autonomous regions have the authority to exercise discretion, manage and explore the potential of their natural wealth as well as human resources so that the aims and objectives of regional autonomy can be carried out properly. The management and utilization of natural resources must be carried out wisely where the results are in addition to regional financial income, and are solely for the benefit of the wider community. Therefore, how the budget function of the Regional People's Representative Council to be effective and appropriate in the preparation of APBD planning must be optimized for the benefit of the community, because often the implementation of the budget function is not carried out properly and even tends to invite problems in the future, as well as members of the Regional People's Representative Council. often trapped in the interests of groups and party interests, thus neglecting the interests of the community which should be prioritized. In order to optimize the potential of the existing budget in the region, an active role is needed from the Budget Board of the Bojonegoro Regency Regional House of Representatives. This study aims to discuss and analyze the concept of the function of the budget according to the laws and regulations and the authority of the budget agency of the Regional People's Representative Council in the context of preparing the Regional Revenue and Expenditure Budget. The type of research used in this research is normative juridical with a statutory approach and a historical approach, and ends with a qualitative descriptive analysis in producing a precise and accurate analysis.]]>
<![CDATA[Keabsahan Dan Kekuatan Hukum Alat Bukti Closed Circuit Television (CCTV) Dalam Pemberlakuan Tilang Elektronik ]]>
<![CDATA[Darwoyo, Darwoyo]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i2.637
<![CDATA[The application of an electronic ticket or Electronic Traffic Law Enforcement (ETLE) by the police is considered to have many problems and challenges for the police in the future, with reference to closed circuit television (CCTV) evidence that causes the gap in the use of CCTV (Closed Circuit Television) evidence in the criminal justice process, the first is the legal factor itself where the use of CCTV is not included in legal evidence in the Criminal Procedure Code, the two different perspectives which will result in different thoughts that will be accepted by someone, the three norms which becomes legalistic positivistic is not clear in certain cases. Legal basis for prosecution of traffic violations. According to Law Nomor 2 of 2009 concerning Traffic And Road Transportation, article 260 and article 262 who are authorized to take action against traffic violations using CCTV can carry out law enforcement such as investigations and investigations of criminal acts of LLAJ or other crimes, acts of handling of accidents, violations, and traffic jams by the Police and the pursuit, ambush, arrest, and prosecution of perpetrators and/or vehicles involved in crimes or traffic violations. The formulation of the legal problem contains points regarding the juridical review and application of the validity of ETLE as evidence in the trial. This research is a legal research with a normative juridical approach with a statutory and case approach, especially the decision of ticketing for traffic violations. The results of the research and discussion conclude that the use of CCTV (Closed Circuit Television) evidence can be used as evidence in the criminal justice process and the application of the e-Tilang system can reduce the number of traffic accidents.]]>
<![CDATA[THE PROTECTION OF PRISONERS OF WAR IN THE ISRAEL-PALESTINE CONFLICT BASED ON INTERNATIONAL HUMANITARIAN LAW AND ISLAMIC LAW ]]>
<![CDATA[Jawanta, Hira Syaud]]>
<![CDATA[ Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i3.658
<![CDATA[This study examines the treatment of prisoners of war (POWs) in the Israel-Palestine conflict through the frameworks of International Humanitarian Law (IHL) and Islamic law. Both legal systems emphasize humane treatment for POWs; however, reports indicate severe rights violations against Palestinian detainees in Israel, including torture and inhumane conditions. Conversely, Hamas is reported to treat POWs by relatively higher standards. By integrating IHL and Islamic principles, this research provides a novel perspective on legal and ethical dimensions in POW treatment amid a prolonged conflict. Findings underscore the urgent need for enforcing humane standards to curb human rights abuses. Although based on secondary data, the study emphasizes the importance of further primary-source research and calls for enhanced international monitoring and strict adherence to IHL to ensure legal protections for POWs in active conflict zones.]]>
<![CDATA[Kewenangan Mahkamah Agung dalam Publikasi Pada Putusan Perkara Privat ]]>
<![CDATA[Ningrum, Vernita Kusuma]]>;
<![CDATA[Hufron, Hufron]]>
<![CDATA[ Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i3.659
<![CDATA[This study examines the Supreme Court's authority to publish rulings on private cases and its impact on individuals' privacy rights. This authority, framed by transparency and data protection principles, is grounded in the right to public information per the Indonesian Constitution and Law No. 14 of 2008. However, publishing decisions in sensitive cases, such as divorce and domestic violence, risks violating individual privacy. This research addresses the urgent need to balance transparency and privacy by analyzing the legal basis and limitations on the Court’s authority. Through normative legal methods and legislative analysis, this study reviews key guidelines, including Supreme Court Decision No. 2-144/KMA/SK/VIII/2022, to recommend privacy protections for sensitive information in judicial rulings. Findings indicate that, despite a general obligation to disclose court decisions, exceptions must be made for sensitive data to safeguard privacy, contributing to a nuanced approach to judicial transparency.]]>
<![CDATA[Penegakan Hukum Pidana Terhadap Kelalaian Pengemudi Kendaraan Bermotor yang Mengakibatkan Kecelakaan Lalu Lintas ]]>
<![CDATA[Setiawan, Sulanjar Tri]]>;
<![CDATA[Abadi, Suwarno]]>;
<![CDATA[Aji, Rihantoro Bayu]]>
<![CDATA[ Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i3.660
<![CDATA[One of the traffic problems in Indonesia is the high number of road accidents caused by driver negligence. Therefore, law enforcement is one of the efforts to address the problem of road accidents. In current practice, traffic law enforcement does not only refer to criminal sanctions as in Law Number 22 Year 2009 on Road Traffic and Transport, but also uses restorative justice methods. This article discusses how the law is enforced in relation to traffic offences caused by the negligence of drivers who cause traffic accidents, and the obstacles in enforcing the law. This is legal research with statute and conceptual approach. The results revealed that law enforcement against negligence of motor vehicle drivers resulting in accidents is conducted with a repressive approach through restorative justice based on police discretionary authority granted through the Police Law. Specifically, the restorative justice approach is regulated through Regulation of the Chief of the Indonesian National Police Number 8 of 2021 concerning the handling of criminal acts based on restorative justice. However, its application is hindered by legal obstacles such as legal problem, law enforcers, citizen and culture. It is therefore necessary to enhance the capabilities and qualifications of law enforcement personnel in accordance with their respective areas of responsibility. This may be achieved through formal education or specialised training, with the objective of facilitating law enforcement through a restorative justice approach.]]>
<![CDATA[Analisis Pemaafan Hakim Ditinjau dari Ringannya Perbuatan Yang Dilakukan Oleh Anak ]]>
<![CDATA[Syahputra, Annisa Nur Fadillah]]>;
<![CDATA[Setyorini, Erny Herlin]]>
<![CDATA[ Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i3.661
<![CDATA[Article 70 of Law Number 11 Year 2012 regulates the forgiveness of judges, but in the Explanation section, there is no more detailed provisions regarding the explanation of the article, especially on the meaning of the article. More detailed provisions regarding the explanation of the article, especially on the meaning of “the severity of the act”, thus creating legal uncertainty. The method in this writing is normative legal research with a statutory approach and Conceptual Approach. The purpose of the research is to understand and analyze what is meant by the severity of the act as the basis for the judge's consideration in giving an excuse decision. The results showed that by considering the criminal punishment against child offenders, then Article 70 of the SPPA Law, especially the phrase “the lightness of the act”, can be interpreted as a minor criminal offense.]]>
<![CDATA[Prinsip Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga Berdasarkan Undang -Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga ]]>
<![CDATA[Bachtiar, Moch. Yusuf]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v2i3.662
<![CDATA[Domestic violence (DV) represents a significant legal issue in Indonesia. Indonesia has enacted legislation, namely Law Number 23 Year 2004 on the Elimination of Domestic Violence, with the objective of providing protection for victims of domestic violence. In recent times, there has been a shift towards a restorative justice and penal mediation-based approach to resolving domestic violence cases. This article will examine the legal protection of victims of domestic violence in accordance with the aforementioned legislation, as well as the settlement of domestic violence cases through penal mediation at Surabaya Police Station. This is legal research with statute and conceptual approach. The results revealed that the legal protection granted to victims of domestic violence through Law Number 23 Year 2004 on the Elimination of Domestic Violence encompasses three forms of protection are as follows: 1.) external protection, 2.) legal protection through repressive action and 3.) curative protection. Criminal acts of domestic violence are settled through penal mediation and restoratife justice at the Surabaya Police Station. Currently, two criminal offence settlements are based on the National Police Chief Regulation. It is recommended that penal mediation and restorative justice be regulated in the form of rules in the form of laws in the future.]]>
