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WLRev
Published by Universitas Wijayakusuma Purwokerto
ISSN : 27229149     EISSN : 27229157     DOI : https://doi.org/10.51921
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Wijayakusuma Law Review aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. The focus of Wijayakusuma Law Review is publishing the manuscript of a research study or conceptual ideas. We are interested in topics which relate Law issues (General) in Indonesia and around the world.
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Articles 85 Documents
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Dampak Restrukturisasi Perjanjian Kredit Terhadap Jaminan HakTanggunganDalam Upaya Penyelamatan Kredit Bermasalah suryati; Teguh Anindito; Aris Priyad
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.hkwki268

Abstract

The aim of this research is to determine the impact of credit agreement restructuring on mortgage guarantees in aneffort to rescue problem loans. To achieve this goal, the approach method used is empirical juridical. Data sourcesinclude primary data and secondary data. Primary data is data obtained directly by conducting field research in theform of free, guided interviews with respondents. Meanwhile, secondary data consists of primary legal materials,secondary legal materials and tertiary legal materials. The data obtained was then analyzed qualitatively.Conclusion: Based on the results of research and analysis of data collected by the author, it is concluded that theimpact of credit agreement restructuring on mortgage guarantees in efforts to save problematic loans is: theposition of collateral whose credit agreement has been restructured through an addendum deed is that theguarantee remains valid because the object of the guarantee Bank Jateng has charged it with a guarantee institutionin the form of a mortgage which has the characteristic of always following the object being pledged as collateral inthe hands of whoever the object is in (droid de suite). Then, for the initial credit agreement which has beenrestructured through an addendum, it remains in effect as a binding condition between legal subjects in their legalrelationship and the addendum cannot be separated from the original credit agreement.Keywords: Impact, Restructuring, Credit Agreement, Mortgage Rights, Problematic Credit
Tradisi Seren Taun berbasis Kearifan Lokal Masyarakat AdatKasepuhan (Suatu Kajian Holistik Antropologi Hukum) Emy Handayan; Endang Sumiarm; Dominikus Rato; Sekhar Candra; Yustika Niken Sharaningtyas
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.j61tcb90

Abstract

Seren Taun is a series of agricultural activities carried out every year by a traditional community in atraditional area which is usually called a traditional traditional ritual, as a form of respect for the ancestors andthe Goddess Sri with all forms of rituals and cultural arts performances of the Kasepuhan indigenouscommunity from very from long ago to modern art displayed by indigenous peoples. The rice was brought,paraded, accompanied by everyone present to be stored in the Leuit Si Jimat communal barn. The local wisdomof the Kasepuhan traditional community of Banten Kidul is a community that still upholds and carries outtraditions with the supervision of the Abah as the Traditional Leader. Kasepuhan residents are devoutfollowers of the Islamic religion, but in their daily lives they are characterized by mythical and animist beliefsor they still maintain ancestral beliefs such as burning incense, giving offerings, traditional ceremonies, placingfences on doors, and other ancestral beliefs. The Holistic Study of Legal Anthropology illustrates that traditionalrituals based on local wisdom are a manifestation of the behavior or actions of indigenous people in an effort toget closer to God. Because rituals are ceremonies carried out by indigenous people throughout their lifetime,they are carried out by every indigenous community in their traditional territory, because they are ceremoniesfor the life cycle of an individual's life as a member of society (the universal circle of life).Keywords: Seren Taun Tradition, Local Wisdom of the Kasepuhan Indigenous Community, Holistic Study ofLegal Anthropology
Pelaksanaan Peraturan Desa Nomor 03 Tahun 2023 TentangPerubahan Anggaran Pendapatan Dan Belanja Desa Pamijen TahunAnggaran 2023 Kecamatan Sokaraja Kabupaten Banyumas Afrina Mayang W; Wahyu Hariadi; Haris Kusumawardana; Esti Ningrum
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.r5j78j41

Abstract

The village as the smallest governmental entity, plays a crucial role in regional autonomy, with the readiness of thevillage in establishing its governance system impacting the development anda welfare of its community. Themanagement of village finances, especially the Village Revenue and Expenditure Budget (APBDes), is crucial insupporting village development. This research aims to understand how the implementation of Pamijen VillageRegulation Number 03 of 2023 concerning the Amendment of the Pamijen Village Revenue and Expenditure Budgetfor the Fiscal Year 2023 in Sokaraja Subdistrict, Banyumas District, and to identify the challenges faced in theimplementation of Pamijen Village Regulation Number 03 of 2023 concerning the Amendment of the PamijenVillage Revenue and Expenditure Budget for the Fiscal Year 2023 in sokaraja Subdistict, Banyumas District. Themethodological approach used is normative juridical with descriptive analysis. Date were obtained from fieldstudies at the Pamijen Village Office and trough interviews with villagr officials. The research findings indicate thatthe implementation of APBDes in Pamijen Village complies with applicable regulations. However, there aretechnical constraints and budget changes that affect activity realization. It is recommended that the villagegovernment continue to evaluate and minimize constraints in the implementation of APBDes. This research isexpected to contribute to the development of knowledge, particularly in the context of village financial managementKeywords: Implementation, Village Regulation, APBDe
Pertimbangan Besaran Upah Minimum Kabupaten Banyumas OlehDewan Pengupahan Kabupaten Banyumas haris kusuma wardana haris; Agoes Djatmiko; Wahyu Hariadi
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.c2j9g440

Abstract

This paper is entitled Considerations of the Banyumas Regency Minimum Wage Amount by the Banyumas RegencyWage Council. This study aims to determine the process of implementing the Banyumas Regency minimum wage in2023. This research is a sociological juridical research with the subject of study by the Banyumas RegencyManpower, Cooperatives and SMEs Service. The aim of this research is to build synergy between the BanyumasRegency Wage Council and the obstacles in determining the minimum wage in Banyumas Regency. Wages areincome received by workers in the form of money, which includes not only wages/salaries, but also overtime andallowances received on a regular basis, excluding holiday allowances which are annual, quarterly, and otherallowances which are not routine. Wages are all kinds of payments arising from work contracts, regardless of thetype of work, which are a form of income received by workers as compensation for the work they do. To determinethe district minimum wage in accordance with community standards, the district minimum wage is determined bythe government, namely the district Department of Manpower, Cooperatives and Small and Medium Enterprises.Keywords: Wages, Wage Council, Banyumas Regency
Analisis Hukum Terhadap Konsep Riba Dalam Transaksi Jual BeliOnline Menggunakan Shopee Pay Later Pada Perspektif KompilasiHukum Ekonomi Syariah Antony Charles; Wiwin Mochtar Wiyono; Ferryani Krisnawati; Eti Mul Erowati
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.jgg2fp19

Abstract

The purpose of this research is to determine the mechanism for using Shopee PayLater in the Shopee applicationand the views of the compilation of sharia economic law on the mechanism of buying and selling contracts usingShopee PayLater. This research uses an empirical normative juridical approach and the type of research uses aqualitative approach which includes the results of online surveys and interviews, with various written informationthat explains the buying and selling mechanism using Shopee PayLater payments in the view of the ShariaEconomic Law Compilation. This data relates to Shopee PayLater service provisions, payment systems, billing anduser statements. The techniques used by the author are direct and online interviews as well as literature study. Theresults of this research are that the requirements for activating Shopee PayLater are that you must have a Shopeeaccount that has been verified by Shopee and must have an ID card to activate it. The payment system is ininstallments 2 times, 3 times, 6 times and 12 times per month. Bill payments can be made via m-banking, ATM,Indomart, Alfamart, or other payments. The use of Shopee PayLater is included in the qardh contract which hasbeen regulated in the Compilation of Sharia Economic Law in article 20 paragraph 36 which explains the meaningof Qard and the articles related to qard in the use of Shopee PayLater, namely in article 606, article 607, article 608,Article 609 and Article 611. According to several legal opinions, Shopee PayLater can be said to be usury when thereis an ziyadah or additional element required in advance by the paylater publisher for its consumers. Included in thetype of debt usury which is prohibited. However, if Shopee PayLater charges additional fees then it is not usury. Aslong as the additional costs are counted as services or ijarah.Keywords: Usury, Online Buying and Selling, Shopee PayLater, Compilation of Sharia Economic Law
Keamanan Pangan Berbasis Kearifan Lokal Semarang DalamPendekatan Komparatif Antropologi Hukum Emy Handayan; Mas’ut; SuryaKusuma Wardana
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.k6vhj669

Abstract

Food safety for local products is very necessary for people who live in several regions in Indonesia, especially the cityof Semarang. Food safety can be characterized as food that is good, high quality, has quality, guaranteed goodnutrition, safe for consumption. Protection of local food safety in local communities prioritizes food safety and healthof local Semarang residents who consume local food products in Semarang City. So that it can provide legalprotection for local communities, in this case local consumers, so supervision is needed in food policy andstrengthening food institutions. The suggestion used through the Comparative Legal Anthropology approach is thatit is hoped that food safety based on local wisdom can provide legal regulations related to the Food Law which willbe compared with the conditions of society in Semarang City.Keywords: Local Product Food Safety, Local Consumer Protection, Comparative Legal Anthropology
Tanggung Jawab Dokter/Rumah Sakit Akibat Malpraktik Medis SebagaiUpaya Perlindungan Hukum Bagi Pasien Aris Priyadi
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.nh1swc85

Abstract

The relationship between a doctor and a patient is basically a civil law relationship, where the patient comes to thedoctor to cure his illness and the doctor promises to try to treat or cure the illness. Civil relations are legal relationscarried out by parties who are in equal positions. The relationship between the doctor and the patient gives rise torights and obligations or in other words the agreement/agreement between the doctor and the patient gives rise toan obligation, in this case a business contract (inspanning verbintennis) because it is based on an obligation to dobusiness. Doctors are obliged to provide care with care and attention in accordance with professional standards. Soif the patient/family finds out that the doctor has not fulfilled his obligations as stated in the agreement, he can file alawsuit for breach of contract before the court and ask for the agreement to be fulfilled and can demandcompensation. Likewise, if a doctor in his service to a patient commits an act that violates the law, then inaccordance with the provisions of Article 1365 of the Civil Code which regulates unlawful acts, the plaintiff (victim,patient) can demand compensation, both material and immaterial. The principle of the reverse burden of proof canbe applied in medical cases, so the rights of the patient (plaintiff) will be protected, meaning that the plaintiff(patient), even though it is difficult or impossible to prove the fault of the defendant (doctor, hospital) and will stillobtain his rights, namely in the form of compensation both material and immaterial.Keywords: Doctor's liability, malpractice, medica
Tinjauan Yuridis Budaya Hukum Dalam Penanggulangan Tindak PidanaPerjudian Sabung Ayam Dan Kartu Di Kabupaten Kebumen Ferdian Pamungkas; Muhammad Yusril Irza
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.evb2f563

Abstract

Gambling is dangerous for society, nation, and state, as well as very contradictive with religion, ethicsand morality. Several gambling forms have developed in daily life, many do it either openly orsecretly. Society considers that gambling is something ordinary, not violating the law, not be issued bylocal community, and even assumes that gambling is only a small violation. This research usesempirical normative research. The data sources that are used are primary and secondary data sourcesthat are obtained from primary, secondary, and tertiary legal materials. Primary data obtainingmethod is done by interview and secondary data obtaining method is done using related documents.The result of this research states that: (i) Society views that gambling is considered as ordinary actand becomes daily livelihood. Society views and values gambling as a recreation and accepts itsexistence, which they value it based only on its profit, without considering the negative impact. (ii)Coping of Cockfight Gambling and Card Gambling are using Economical, Legal, Social, and ReligiousApproach. People hold conference in order to give appeal/warning directly or indirectly.Keywords: Legal Culture, Gambling; Cockfighting, Playing Cards 
Tinjaun Yuridis Terhadap Kesiapan Kewajiban Spin Off Bagi Unit UsahaSyariah (UUS) Menjadi Bank Umum Syariah (BUS) Wiwin Muchtar Wiyono
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.xdnjhb83

Abstract

Law Number 21 of 2008 concerning Sharia Banking in Article 68 paragraph 1 and Article 40 Article 40PBI No. 11/10/PBI/2009 mandates that every Sharia Business Unit (UUS) which is a sharia unit in aConventional Commercial Bank (BUK) to separate itself (spin-off). and it is explained that UUS is obligedto separate into BUS if the value of UUS assets has reached 50% (fifty percent) of the total asset value ofits parent BUK. The spin-off time is no later than 15 (fifteen) years from the enactment of the law, namely2023. The aim of this writing is to determine the impact of the spin-off on UUS by analyzing the solutionsthat can be offered. The research results show that it is necessary to review Law Number 21 of 2008concerning Sharia Banking by considering the financial condition of UUS. Apart from that, UUS whichhas carried out a spin-off by becoming a new BUS can optimize the use of Third Party Funds in the formof financing and other services. In order to encourage BUS growth, support from the government isneeded, such as providing tax incentives and simplifying regulations on capital participation. Apart fromthat, the new BUS needs to carry out various innovations by adding financing products and developingexisting products. This research aims to determine the readiness of the Spin Off obligation for UUS tobecome a BUS and the issue of readiness to fulfill the obligations of UUS to become a BUS in July 2023.Keywords: Spin-off Obligations, Sharia Business Units (UUS), Sharia Commercial Banks (BUS)
Tradisi Carok dalam Hukum Pidana berbasis Pendekatan HolistikAntropologi Hukum Surya Kusuma Wardana; Emy Handayani
Wijayakusuma Law Review Vol. 6 No. 1 (2024): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.g8zghh68

Abstract

The Carok tradition is an alternative dispute resolution in Madurese society, resolved through violence andin conflict with state law in Indonesia. Criminal Law can accommodate, regulate and respond to carokcultural values and their application which are contrary to criminal law in Indonesia, which is regulatedin the Criminal Code. The approach used in this writing is Holistic Legal Anthropology.

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