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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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Hubungan Dokter dengan Pasien Dalam Bidang Kesehatan Bing Waluyo
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.abd9jf50

Abstract

The relationship between doctors and patients begins with a vertical, paternalistic relationship pattern, which isbased on the principle of father knows best, which gives birth to a paternalistic relationship. The position/position ofthe doctor and the patient are not equal, namely the position of the doctor is considered higher than the patient,because the doctor is considered to know best about all kinds of diseases and how to cure them, while the patient isconsidered to know nothing about the disease and he submits it completely to the doctor. Doctors are placed aspatrons (protectors) and patients are placed as clients (protected people). Then, in its development, the vertical,paternalistic relationship pattern shifted to a horizontal, contractual relationship pattern. This relationship givesbirth to a horizontal contractual legal aspect which is inspanningsverbintenis which is a legal relationship betweentwo legal subjects (patients and doctors) who are of equal status, giving rise to rights and obligations for the partiesconcerned. This legal relationship does not promise anything (healing or death) because the object of the legalrelationship is the maximum effort made by the doctor carefully and with tension based on his knowledge andexperience in treating illnesses to cure the patient's illness.Keywords: Juridical Review, Relationship, Doctor and Patient, Health Sector
Eksekusi Putusan Pengadilan Dalam Perkara Perdata Di Pengadilan NegeriPurwokerto Kelas 1B Aris Priyadi
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.c02ek163

Abstract

Court decisions must be enforceable or enforceable. Court decisions are meaningless if they cannot beimplemented. Therefore, the judge's decision has executorial power, namely the power to carry out what isstipulated in the decision, either voluntarily or under coercion by state instruments. Execution is theimplementation of a court decision that has obtained permanent legal force (in kracht van gewijsde) which iscarried out by force because the losing party in the case does not want to fulfill/obey the implementation of thecourt decision voluntarily. There are two forms of execution when viewed from the target to be achieved by thelegal relationship stated in the court decision, namely actual execution and execution of payment of a sum ofmoney. Purwokerto District Court Class 1 B, in the event that the execution has gone through an executionprocedure.
Gagalnya Eksplorasi Panas Bumi Di Baturaden Dalam PerspektifKriminologi Hijau Arif Awaludin; Teguh Anindito; Doni Adi Supriyo
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.kqfgph24

Abstract

Geothermal is a renewable energy source that will contribute to the energy mix in Indonesia. Geothermal explorationis often carried out in forest areas in Indonesia. Many problems arise. The failure of geothermal exploration inBaturaden which has been carried out since 2017 has left two unproductive wells. Land clearing, deforestation andgroundwater pollution are part of the damage caused. A Green Criminology approach is needed to uncover variouspotential crimes that arise and how to overcome them. Qualitative analysis is used to help reveal in detail thepotential crimes that occur. A comprehensive policy is needed to overcome environmental crimes related togeothermal exploration in Indonesia. The existence of Law concerning Environmental Protection and ManagementNumber 32 of 2009, Law Number 21 of 2014 concerning Geothermal Energy and Law Number 18 of 2013concerning Prevention and Eradication of Forest Destruction need to be harmonized so that environmental lawenforcement policies become more effective and efficient
IMPLEMENTASI KEBIJAKAN PERSETUJUAN BANGUNAN GEDUNG OLEHDINAS PEKERJAAN UMUM DAN PENATAAN RUANG DI KABUPATENPURBALINGGA Monita Rahayuningtyas; Esti Ningrum; Haris Kusumawardana; Wahyu Hariadi
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.1qsq6w49

Abstract

Since the enactment of Law Number 11 of 2020 concerning Job Creation which has now been replaced by LawNumber 6 of 2023 concerning the Stipulation of Government Regulation in lieu of Law Number 2 of 2022 concerningJob Creation to Become a Law, the government removed the term Building Permit (IMB) was replaced with aBuilding Approval (PBG) as one of the conditions for constructing a building. PBG is a permit granted to buildingowners to build new, change, expand, reduce, and/ or maintain buildings in accordance with building technicalstandards (Article 1 Number 17 Government Regulation Number 16 of 2021 concerning Implementing Regulationsof Law Number 28 2002 concerning Building Buildings). This study aims to analyze the implementation of theBuilding Approval (PBG) policy based on the Regional Regulation of Purbalingga Regency Number 3 of 2022concerning Retribution for Building Approvals and the obstacles in granting PBG by the Public Works and SpatialPlanning Office in Purbalingga Regency. The research method uses a normative juridical approach and data analysisin this study uses qualitative analysis. Data collection techniques were carried out by reviewing laws and regulationsrelated to buildings and conducting interviews as supporting or additional data. The results of this study indicatethat in the provision of PBG by the DPU-PR Purbalingga there are still obstacles that affect the course of the policy,including the lack of public awareness of the importance of obtaining PBG, a lack of understanding of PBGprocedures and requirements through SIMBG, and a lack of professional planners at the DPU-PR of the RegencyPurbalingga.
Implementasi Asas Persamaan Perlakuan Bagi Pasien Rawat Inap DiRumah Sakit Umum Daerah dr. R. Goeteng Taroenadibrata BerdasarkanPeraturan Daerah Nomor 3 Tahun 2020 Tentang Pelayanan Publik DiKabupaten Purbalingga Puja Kirana; Iskatrinah; Esti Ningrum
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.4n86p584

Abstract

This study aims to find out how the implementation of the principle of equality of treatment in public services in thehealth sector at the Regional General Hospital (RSUD) dr. R. Goeteng Taroenadibrata, Purbalingga Regency, and tofind out what factors hinder the hospital in applying the principle of equality of treatment in the health sector toinpatients who use BPJS services (Social Security Administering Body) and patients who use public services. Theapproach method used in this study is a sociological juridical research method, and data analysis in this study usesqualitative analysis methods. The results of research at the Regional General Hospital (RSUD) dr. R. GoetengTaroenadibrata in providing health services to inpatients using BPJS (Social Security Administering Agency) servicesand patients using public services, there are still differences in health services to inpatients using BPJS services(Social Security Organizing Agency) and patients using services In general, the difference is in the room facilities forinpatients. In Purbalingga Regency Regional Regulation Number 3 of 2020 concerning Public Services Article 4, it isclearly stated that there should not be unequal treatment (discrimination) in public services, one of which is relatedto health services. Even so, in the implementation of health services by applying the principle of equal treatment ofpatients, there are still several inhibiting factors. Factors hindering the implementation of the principle of equality oftreatment in terms of health services to inpatients using BPJS services and general services at the Regional GeneralHospital (RSUD) dr. R. Goeteng Taroenadibrata Purbalingga, namely: facilities and infrastructure (room facilities),responsiveness and communication between officers (medical staff) and patients
Perlindungan Hukum Terhadap Watu Jaran Tanpa Kepala DiDesa Laren Kecamatan Bumiayu, Kabupaten BrebesBerdasarkan Undang-Undang Nomor 11 Tahun 2010 tentangCagar Budaya Rafie Azhar Hibatullah; Martiningsih
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.cc3j6v35

Abstract

Abstract The Headless Watu Jaran is a historical site which is also a Suspected Cultural Heritage Object (ODCB)which has not been designated as a Cultural Conservation located in Laren Village, Bumiayu District, BrebesRegency. Law Number 10 of 2011 concerning Cultural Conservation guarantees legal certainty and protection forOCBD. The formulation of the problem is what form of legal protection for cultural heritage in Brebes Regencybased on Law (UU) Number 11 of 2010 concerning cultural heritage and what are the obstacles in legal protectionof the Headless Watu Jaran in Laren Village, Bumiayu District, Brebes Regency. Normative juridical research withdescriptive-qualitative. Data source is secondary data. Primary legal materials include Law Number 11 of 2010,Government Regulation Number 10 of 1993 and Brebes Regency Regional Regulation Number 10 of 2015. The datacollection techniques areobservation, interview and literature study. Research results: a) Law Number 11 of 2010contains legal protection and legal certainty as well as Regional Regulation (Perda) of Brebes Regency Number 10of 2015 concerning the Preservation and Management of Cultural Heritage and concrete efforts by the Governmentof Laren Village, Bumiayu District, Brebes Regency in protecting and preserving cultural heritage includes,Reporting on the discovery of Suspected Cultural Conservation Objects, care/maintenance, buildingperimeter/barrier fences, socialization and optimization for various interests. b) Obstacles include a minimumnumber of experts, regional performance is hampered because the Cultural Preservation Center is not optimal,synergy between the central government, provincial government, district/city government and village governmentand the community has not reached standards and there are still problems, legal sanctions have not been strictlyenforced.  
PERLINDUNGAN HUKUM BAGI KORBAN MAIN HAKIMSENDIRI DI TINJAU DARI PRESFEKTIF VIKTIMOLOGI Siti Duwi Lestari; Reza Agusti; Aster Sharon Destamara; Yusuf Sefudin
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.wkphr322

Abstract

Lately, there has been a lot of news in the media, both online and conventional media, about the crime ofvigilantism. Vigilantism is an action that can harm the perpetrator and even set a bad precedent for othercommunities. This results in the behavior of criminals being imitated when encountered or found by thecommunity when they commit crimes in their own environment. Public unrest against the crimes that areoften encountered makes some people who feel their security, peace of mind is disturbed and no longer trustlaw enforcement officials, so they take the law into their own hands against the perpetrators of crimeswithout following the applicable legal process. In these conditions, the role and function of the police toprevent actions that lead to vigilantism becomes important.
TINJAUAN VIKTIMOLOGI TERHADAP TINDAK PIDANAPENIPUAN ARISAN ONLINE Siti Duwi Lestari; Yusuf Sefudin
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.7sdy5p30

Abstract

Online arisan is a group collection of money using a lottery system that is conducted online or withoutface-to-face contact. This is effective for people who want to join online arisan because it is easy tointeract with online arisan and arouse people's interest in joining online arisan. However, thisconvenience can also have a negative impact, especially regarding the possibility of online arisan.Therefore, the purpose of this paper is to find out how crimes related to victims of online arisan fraud andtheir legal protection efforts in Indonesia. The research method used in this research is NormativeJuridical research. Normative Juridical Research: Normative juridical research uses a statutory approachor secondary material. Article 378 of the Criminal Code regulates this. Although the criminal provisionsregarding fraud are not specifically explained, people who commit online fraud must be held accountablefor their actions by imposing sanctions on the perpetrators
Penerapan Pertanggungjawaban Pidana Terhadap Pelaku Inses AnakKandung Muhammad Yusril Irza
Wijayakusuma Law Review Vol. 5 No. 2 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.7wz4fr23

Abstract

Incest is a form of sexual deviation that often occurs in social life, especially in the family. The factors thatcause incest do not stand alone or single, but are an accumulation of various psychological, socialproblems, mental attitudes, morality and patriarchal culture of the perpetrator. This crime of incest is animmoral and immoral act that threatens children who are victims of sexual intercourse by their ownfamilies. Incest is very rampant in society because it is rarely reported due to the embarrassment for familymembers if it is known by others. The most common perpetrators of sexual violence, including incest, arefathers and uncles. This is sad, because many perpetrators of violence in the personal realm are consideredand expected to be protectors such as fathers, uncles or husbands. Criminal liability for perpetrators ofincest can be charged under Article 287 of the Criminal Code or Article 419 of Law No. 1 of 2023.Meanwhile, for the formulation of acts of incest against children, they can be charged using Article 294paragraph (1) of the Criminal Code or Article 418 paragraph (1) of the Criminal Code. Law No.1 of 2023.Obstacles in accessing justice and recovery also occur when victims do not receive support from theirfamilies, which encourages victims to leave their homes and lose their rights to education and protectionfrom their families.
Keabsahan Perjanjian Kerja Waktu Tertentu Yang Dibuat Secara LisanMenurut Undang-Undang Ketenagakerjaan Andre Setiawan; Afrina Mayang W; Ahmad Zulfi K; Pramudita D; Yohanes P. Simanjuntak
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.2cxdnh03

Abstract

Workforce is an important part of a company, without which the company cannot function. Based on regulations, theworkforce is governed by an employment agreement system which is divided into fixed-term employmentagreements (PKWT) and indefinite-term employment agreements (PKWTT). Further regulations regarding fixedterm employment agreements are stipulated in Article 56 and 57 of Law No. 13 of 2003 on employment. Based onthese regulations, it is known that a fixed-term employment agreement (PKWT) must be made in writing and mustuse the Indonesian language and Latin letters. However, in practice, there are still business operators who employworkers without complying with the existing regulations. A dispute arose between PT. SRIKANDI INTI LESTARI asthe employer and the workers named Sentosa, Sukardi Oloan, Sholikin, Tumpal Marsaor Pangihutan, Baos AlbertSilalahi, Akhiar, Nurwedi, and Arse, who are employees working at PT. SRIKANDI INTI LESTARI. It was found thatthe workers worked under a contract status as fixed-term employees (PKWT) continuously and sustainably for morethan 3 (three) years without any break. Among the employment contracts, some of them were not made in writing,but were only agreed upon orally.

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