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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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Peran Politik Hukum Dalam Pemberantasan Tindak Pidana Korupsi DiIndonesia Stefanus Wahyu M.J; Fernanda M.A; Satya Triwardani; Dwi Puspita S; Hidayatul Fattah
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.kwpgfr90

Abstract

Corruption is an unlawful act which is opposed by all parties and can harm a country's economy. Corruption can becarried out in all aspects of society, from the lower classes to the upper classes. Corruption has become a legal issuewhich is complicated to deal with, because corruption is related to political, economic, and socio-cultural aspects,which can endanger the stability, security of the state and its people. However, in the matter of corruption, it mustbe realized that it is not a matter of the large amount of state losses, or the increasingly sophisticated corruptmodus operandi or Indonesia's ranking as one of the countries with the most corruption, but the fact that thedifficulty of eradicating corruption in Indonesia is revealed due to the powerlessness of law enforcement officials.in dealing with corruption cases. Legal politics is understood as choices regarding laws or regulations that areenforced and are intended to achieve state goals as stated in the Preamble to the Constitution of the 1945Constitution of the Republic of Indonesia. The direction of legal politics for eradicating corruption should have tobe continuously reflected and evaluation, whether the legal politics produces policies and legal products that arethe ideals of the nation, or turn out to be an obstacle to the nation's aspirations to achieve prosperity. This studyaims to find out how the application of legal politics in Indonesia in eradicating corruption and what factorshinder legal politics in eradicating corruption in Indonesia. The approach method used in this study is thenormative juridical approach which is carried out by examining library materials, namely books, journals, officialarticles exploring legal doctrines and theories from various literature and applicable laws and regulations. relatedto the issues discussed. The results of this study state that corruption is not just a legal symptom but is part of thepolitical system, therefore it is impossible to separate efforts to eradicate corruption from structuring the politicalsystem related to legal politics.
Hubungan Perkembangan Politik Hukum dengan Tindak Pidana Korupsidi Indonesia Arifah Putri Nabilah; Neta Kania Salsabila; Praba Caesar Bagaskara; Aryo Nugroho; Amelia Miska Rahayu
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.54ejp343

Abstract

The problem of corruption in Indonesia is currently a chronic problem. In Indonesia, criminal acts of corruption areregulated in Law Number 31 of 1999 concerning Eradication of Corruption Crimes. The problem of corruption ispart of the problem of legal politics. Legal politics itself can simply be formulated as legal expertise (Legal Policy)that will be or has been implemented nationally by the government, including the understanding of how politicsinfluences law by looking at the configuration of the forces behind and law enforcement. The purpose of conductingthis research is to provide an overview of the role of legal politics in eradicating corruption in Indonesia. The methodused in this research is descriptive analysis method, namely by collecting data in accordance with the actual datathen compiled, processed and analyzed to be able to provide an overview of the existing problems
Tinjauan Hukum Tentang Hibah Dan Batasan Pemberian Hibah Aris Priyadi
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.21845075

Abstract

A grant is a gift from one person to another where the giver is still alive. Materially, the existence of a grant hassomething to do with inheritance. Provisions/rules regarding grants in Indonesia are still pluralistic. Basically, anowner of property has the right and freedom to give/grant to anyone, including his children, provided that the gift(grant) does not cover and does not reduce other rights as heirs. If the conditions and pillars are met then the grantis valid. Giving grants according to Islamic law (Compilation of Islamic Law) is limited to a maximum of 1/3 (onethird) of the total assets of the grantor. In the event that grants are made to their children (heirs), then thelimitation is that grants must be made with the principle of justice. This grant limit is given to protect the rights ofthe heirs after the grantor dies. In addition to the maximum limits regulated in the Compilation of Islamic Law (KHI),customary law and the Civil Code also provide the same limits on grant grants. This is intended to protect theabsolute rights of the heirs and to avoid losses suffered by the heirs whose share cannot be reduced according to law(legitieme portie).
Pemenuhan Hak Pendidikan Terhadap Anak Terlantar Kriteria Anak Yatim PiatuDi Yayasan Sosial Panti Asuhan Yatim Piatu Dan Terlantar Dharmo Yuwono Mia Indah Puspita Sari; Wahyu Hariadi; Esti Ningrum
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.0vy96653

Abstract

This study aims to find out how the implementation of the Dharmo Yuwono Orphanage and Abandoned SocialFoundation in fulfilling the right to education for neglected children is the criteria for orphans and to find outwhat obstacles or obstacles are faced and the efforts made by the Orphanage Social Foundation. And AbandonedDharmo Yuwono. Based on the results of the research and discussion, it can be concluded that the implementationof fulfilling the right to education for neglected children criteria for orphans at the Dharmo Yuwono Orphanageand Abandoned Social Foundation is in accordance with Article 31 paragraph (1) of the 1945 Constitution of theRepublic of Indonesia which states that every citizens have the right to education and Article 34 which states thatthe poor and neglected children are protected by the state, in accordance with Law Number 35 of 2014concerning Amendments to Law Number 23 of 2002 concerning Child Protection and Regulation of the Ministerof Social Affairs of the Republic Indonesia Number: 30/HUK/2011 which states that fulfilling the rights ofneglected children, one of which is the right to education, is carried out by providing formal, non-formal andinformal education. Obstacles in implementing the fulfillment of the right to education for neglected childrenaccording to the criteria for orphans at the Dharmo Yuwono Orphanage and Abandoned Social Foundation,namely the lack of awareness of foster children in carrying out their rights and obligations
Implementasi Peraturan Daerah Kabupaten Banyumas Nomor 19 Tahun 2014Tentang Perlindungan dan Pelayanan Bagi Penyandang Disabilitas (KhususnyaPemenuhan Hak Kesehatan Terhadap Penyandang Disabilitas Ganda) Ida Arifatul Khasanah; Esti Ningrum; Agoes Djatmiko
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.4gypqm84

Abstract

This study aims to find out the implementation of Banyumas Regency Regional Regulation Number 19 of 2014concerning Protection and Services for Persons with Disabilities (Especially the Protection and Fulfillment of HealthRights for Persons with Multiple Disabilities), and to find out the obstacles faced in the implementation of thefulfillment of the right to Health for persons with multiple disabilities. This research uses sociological juridicalresearch methods. The collection of research data was carried out by means of field interviews and observationssupported by literature studies. Data analysis in this study is descriptive qualitative. Based on the results of researchand discussion, it can be concluded that Iimplementation of Banyumas Regency Regional Regulation Number 19 of2014 concerning Protection and Services for Persons with Disabilities (Especially Protection and Fulfillment ofHealth Rights for Persons with Multiple Disabilities) has been implemented by The Banyumas Social and Communityand Village Empowerment Office (Dinsospermasdes) with the existence of social rehabilitation and communityparticipation of the Paguyuban Peduli Disabiltas Ganda (PPDG) through its work program that handles 95 peoplewith multiple disabilities with a percentage of 11% of the number of people with multiple disabilities in BanyumasRegency. In the implementation of the fulfillment of health rights, there are obstacles that must be faced, namely thelimited professional or competent human resources owned, data on persons with disabilities in Banyumas Regencyhave not been updated thoroughly, the limited budget available for the implementation of the fulfillment of the rightto k health of persons with disabilities, lack of family awareness of the rights of persons with disabilities due toshame and they prefer to hide their children, limited access to information from and for people with disabilities
Kedudukan Akta Hibah Bagi Anak Angkat Dari Pemberian Harta Orang Tua Angkat (StudiPutusan Nomor: 1637/Pdt.G/2019/Pa.Jp) Nur Indah Utami; Ferryani Krisnawati; Suryati
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.qn6xvg22

Abstract

The purpose of this research is to find out the position of the deed of grant made by a notary which contains grants fromadoptive parents to their adopted children. To achieve this goal the authors use a normative juridical approach. Datasources are secondary data as the main data which includes primary legal materials, secondary legal materials and tertiarylegal materials. The data obtained were analyzed qualitatively. Conclusion: Based on the results of research and discussionregarding the position of the deed of grant made by a Notary for adopted children, normatively, the Deed of Grant Number19/2008 dated 28 April 2008 made before Notary Jhonni M Sianturi, SH is valid and has legal force, because it has fulfilledthe requirements in the grant agreement both formally and materially. The strength of proof of a notarial deed as a meansof proof is the perfect strength of proof, because the privilege of an authentic deed lies in the strength of the proof. Anauthentic deed gives the parties and their heirs or people who have rights from it a perfect proof. An authentic deed has thepower of proof in such a way that it is considered attached to the deed itself, meaning that an authentic deed is bindingevidence because what is written in the deed must be considered true and trusted by the judge. An authentic deed also hasperfect evidentiary strength because it does not require the addition of other evidence, in other words, an authentic deedhas outward, formal and material evidentiary strength in accordance with the provisions under Article 1886 of the CivilCode. A notarial deed as an authentic deed has external, formal and material evidentiary power, if a notary deed is drawnup according to the applicable provisions, then the deed will be binding on the parties as an authentic deed and includes thecourt which must accept the notary deed as perfect evidence
PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATORDALAM KASUS PEMBUNUHAN BERENCANA (Studi Pada KasusRichard Eliezer) Gagah Putra Perdana; Rahtami Susanti
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.t0e42a43

Abstract

Justice Collaborator is often interpreted as “Crown Witness”. The case of the premeditated murder of BrigadierNofriansyah Yosua Hutabarat in 2022 became a hot topic of conversation among the Indonesian people,involving high-ranking police officers and their aides, one of the perpetrators, namely Richard Eliezer, thenventured to volunteer to become a Justice Collaborator to reveal the facts about the premeditated murderincident. the. Justice Collaborator usually reveal certain crime cases that are categorized as extraordinarycrimes or extraordinary crimes in Indonesia, where Justice Collaborator play an important role, especiallyassisting law enforcers such as investigators and public prosecutors, from the process of investigation,investigation, to examination at trial, witnesses play a role is so important that it is often the determiningreason when uncovering the case. The type of research used in this study is Normative Juridical research whichbases its analysis on Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims, Article 340of the Criminal Code, and Supreme Court Circular Letter Number 4 of 2011 which is valid and relevant to thelegal issues that become focus of research Legal protection for Justice Collaborator in premeditated murdercases. Legal protection is a form of service that must be provided by the government to provide a sense ofsecurity to every citizen. LPSK provides full protection for Richard Eliezer in protecting Richard Eliezer duringthe trial process. all the things he knows about a problem, be it who is the main actor and so on, so that the casebecomes clear.
Hukuman Mati Menurut Undang-Undang Nomor 1 Tahun 2023 Tentang KitabUndang-Undang Hukum Pidana Dalam Perspektif Hak Asasi Manusia Daffa Rizky Dewanto; Rahtami Susanti
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.w1ec3b97

Abstract

Indonesia is a country that acknowledges the existence of Human Rights, but this does not lead to the abolishmentof the death penalty in its positive law. Both the old and new Criminal Codes (KUHP) still regulate the deathpenalty, albeit in different concepts. This research aims to identify the differences between the death penalty in theold and new Criminal Codes and to understand and analyze the death penalty in the new Criminal Code from ahuman rights perspective. The research employs a normative juridical method. The findings indicate that thedeath penalty in the new Criminal Code is no longer the primary punishment as in old Criminal Codes and has beenreplaced with an alternative penalty. Under the new Criminal Code, those sentenced to death will undergo aprobationary period of 10 (ten) years, and if they demonstrate good behavior during this period, the death penaltywill be commuted to life imprisonment or imprisonment for 20 (twenty) years. This change is motivated by theperception that the death penalty constitutes a violation of human rights.
Studi Komparatif Penerapan Restorative Justice Di Negara IndonesiaDan Amerika Serikat Andika Ramadhani Wibowo Mukti; Rahtami Susanti
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.2fy28w90

Abstract

The concept of restorative justice is increasingly developing and being adopted by several countries in the worldwith different names, the United States calls it victim offender mediation, while in Indonesia it is known as theconcept of restorative justice. This study aims to find out the differences between the legal systems of Indonesiaand the United States, as well as find out the similarities and differences of restorative justice in Indonesia and theUnited States. The research method used is normative juridical with a comparative approach. The results of thestudy show that the differences in the legal systems in Indonesia and the United States are influenced by the formof the state, Indonesia with the form of a republican unitary state that adheres to a civil law legal system, in whichwritten legal regulations are used as laws and legal basis that must be obeyed by all citizens within the territory ofthe unitary Indonesia. Whereas the United States as a federal country that adheres to the common law legalsystem, has several laws that serve as its basis, federal law as the highest state law that applies to all states, andstate law that only applies to each state. In the application of restorative justice, Indonesia and the United Stateshave similarities, namely, its application is limited to minor crimes and applies to both juvenile and adult justice,the application of restorative justice aims as an effort to reduce inmates to prevent overcapacity in detentioncenters. The difference in the application of restorative justice in Indonesia is that laws regarding restorativejustice apply to all communities and regions within the scope of the unitary state, whereas in the United Stateseach state has different laws regarding the application of restorative justice, there are at least forty-five out offifty states that have incorporated restorative justice into state laws.
PENDAMPINGAN OLEH BALAI PEMASYARAKATAN (BAPAS)KELAS II PURWOKERTO TERHADAP ANAK YANGMELAKUKAN KEKERASAN MENGAKIBATKAN MATINYAKORBAN(STUDI PUTUSAN NOMOR : 3/PID.SUS-ANAK/2021/PN.PBG) Muhammad Rifaldi; Rahtami Susanti
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.gyje0p38

Abstract

Assistance by the Purwokerto Correctional Center for child perpetrators of RP (17 years) whocommitted violence resulting in the death of the victim was carried out from the Pre-adjudication,Adjudication, Post-adjudication stages in accordance with the provisions of Law number 11 of 2012concerning the Juvenile Criminal Justice System. This study aims to find out the assistance by thePurwokerto Correctional Center for children who committed violence resulting in the death of the victimin decision number 3/Pid.Sus-Anak/2021/PN.Pbg and the constraints of the Purwokerto CorrectionalCenter in assisting children which resulted in the death of the victim in decision number 3/Pid.SusChild/2021/PN.Pbg. The type of research used is empirical juridical with the main data source beingprimary data. The results of the research show that the Purwokerto Correctional Center has providedassistance since the RP was investigated at the police office, examination at trial until after the courtdecision. The obstacle faced by the Purwokerto Correctional Center in assisting RPs is the existence ofRPs which are difficult for assistants to reach because their houses are in mountainous areas wherecommunication facilities and road infrastructure are difficult for PKs to access.

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