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Faculty of Law, Universitas Wijayakusuma Beji-Karangsalam Street, No. 25, Karangsalam Kidul, Kedung Banteng, Banyumas, Central Java, Indonesia
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INDONESIA
WLRev
ISSN : 27229149     EISSN : 27229157     DOI : https://doi.org/10.51921
Core Subject :
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
Sistem dan Prosedur Pelayanan Izin Usaha Industri Peternakan Di KabupatenBanjarnegara Nico Setiad; Indriati Amarin
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.jw6da064

Abstract

The Banjarnegara Regency One Stop Integrated Licensing and Investment Service (DPMPPTSP) is one of the units inthe region that organizes Online Single Submission. However, the implementation has not been maximized, so I wantto know what obstacles occur in the industrial business permit process in Banjarnegara district. The purpose of thisstudy was to identify and analyze the efforts of the One-Stop Integrated Investment and Licensing Service inimplementing the granting of electrical industrial business permits. And knowing the obstacles that occur in theprocess of implementing industrial business permits in Banjarnegara Regency. The method in this research is usingthe normative juridical method. The data in this study were obtained through library research, namely a series ofreading, recording, and citing books as well as using secondary data or information and explanations through datarequests from relevant agencies based on the objectives. study. The results of this study indicate that the livestockindustry business licensing process online through the Online Single Submission there are obstacles faced by theOffice of Investment and One Stop Integrated Services such as incomplete data provided by the applicant in theindustrial business permit process, besides that there are also obstacles to the community such as the type of businessfields in the Online Single Submission that are not yet complete.
Pelaksanaan Forum Generasi Berencana Dalam Penanggulangan KenakalanRemaja Oleh Dinas Pengendalian Penduduk Keluarga Berencana, PemberdayaanPerempuan DanPerlindungan Anak Kabupaten Banyumas Gita Nurmiana; Wahyu Hariadi; Agoes Djatmiko
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.fgg1xg98

Abstract

This study aims to determine how the implementation of the Generation Planning Forum in BanyumasRegency for the period 2020 - 2022 in overcoming juvenile delinquency. And how are the efforts of the localgovernment of Banyumas Regency in promoting the Banyumas Generation Planning Forum so that theprograms and objectives that have been prepared by the Banyumas Planning Generation Forum can beachieved. To achieve this goal, this study uses a sociological legal researchmethod, with the specifications ofobservational research. In this study, the data source used is secondary data which is supported by primarydata. The data presentation method in this thesis is presented in the form of a structured and systematicdescription. This research was conducted at the Department of DPPKBP3A Banyumas Regency. Based on theresults of research and discussion, it can be concluded that it can be seen that the Implementation of theGeneration Planning Forum in Banyumas Regency in tackling juvenile delinquency has been carried outproperly in accordance with the Work Program that has been formed in the Decree of the Head of the Office ofPopulation Control and Family Planning,Women's Empowerment and Child Protection. Banyumas RegencyNumber 476/497/2020, but there are several programs that have not been implemented dueto the Covid-19pandemic. The efforts of the Banyumas Regency Government in promoting the Banyumas GenerationPlanning Forum by coordinating the Banyumas Generation Planning Forum with relevant agencies, namelyall sub- districts in Banyumas Regency in the form of monitoring so that it can assist the BanyumasGeneration Planning Forum in achieving the stated goals.
Keputusan Mahkamah Konstitusi Tentang Pemungutan Suara UlangPemilihan Kepada Daerah Serentak 2020 Sebagai PerwujudanDemokrasi Estiningrum; Wahyu Hariadi
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.j4bagt16

Abstract

The number of applications for re-voting (PSU) granted by the Constitutional Court (MK) in 16 regions in the2020 Simultaneous Regional Head Elections (Pilkada), this is the largest number since the 2015 simultaneousPilkada era. In 2015 there were 4 requests granted, year In 2017 there were 6 requests that were granted andin 2018 there were 5 requests that were granted. The purpose of this research is to analyze whether thedecision of the Constitutional Court regarding Re-Voting for the 2020 Simultaneous Regional Elections is amanifestation of democracy from people's sovereignty. The method used in this research is doctrinal legalresearch through statutory and case approaches. The success of the Regional Head Election (Pilkada) as aparameter of democracy does not lie in the presence or absence of Pilkada, but rather in the quality of theimplementation of the Pilkada itself. This means that regional elections are carried out in accordance withfour concepts, namely regional elections as a means of people's sovereignty, carried out in a liberal and fairmanner, carried out in the Unitary State of the Republic of Indonesia, and carried out based on Pancasila andthe 1945 Constitution. elections that have integrity, professionalism and accountability. Democratic Pilkadais a value mandated in Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2014 concerning theElection of Governors, Regents and Mayors to Become Laws. Democratic values in their implementationsometimes do not materialize in their implementation, the Constitutional Court as the guardian of democracycan issue a decision to carry out a Re-Vote. Pilkada So that the re-voting is part of the embodiment ofdemocracy which must be carried out properly.
Upaya Penyelesaian Malpraktek Medis dengan Menghadirkan PayungHukum Tindak Pidana Medis Sulava Sururi Ramadhan
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.ec7pwe64

Abstract

The development of health services and the demands of the community have an impact on changing the need forcompetence in primary health services which is one of the responsibilities of doctors. The emergence of variouscases involving patients with doctors in the legal realm then creates problems because it is very difficult todistinguish which is malpractice and which is negligence, accident, or failure by health workers. Until now,Indonesia does not yet have a nationally applicable medical professional standard. The absence of medicalprofessional standards is detrimental to the medical profession and society because professional standards fordoctors can be used as a tool to defend themselves for their medical actions, especially if medical practice harmspatients. This paper aims to analyze the importance of the presence of medical-legal protection as a guarantee ofthe protection of human rights for the community and medical personnel, especially doctors. The normativeresearch method uses a conceptual approach, a case approach, and a statutory approach. Many laws andregulations regulate malpractice but are unable to explain in detail the medical crime itself. So that a special lawshould be formed that explicitly regulates medical crimes so that the rules do not overlap and the resolution ofmedical cases can be resolved quickly and accurately. 
Kajian Terhadap Risiko Pada Jual Beli Benda Bergerak Bing Waluyo
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.wq9bf220

Abstract

Risk is the obligation to bear losses as a result of an event (event) that befalls the object of the agreement beyondthe fault of one of the parties. Based on this understanding, it can be seen that the issue of risk stems from theoccurrence of events beyond the fault of one of the parties to the agreement. This event in contract law is called astate of coercion (overmacht; force majeure). Thus, the issue of risk is the aftermath of the problem of coercivecircumstances (overmacht; force majeure), which is an event that is unintentional, cannot be predicted orknown, and is beyond the power of the compelling debtor. When viewed from the type, the state of coercion canbe divided into two, namel An absolute/absolute force majeure situation, and A situation of compulsion(overmacht; force majeure) that is relative, Regarding the risks in buying and selling movable objects, in the CivilCode there are three regulations, namely Regarding certain objects (Article 1460 of the Civil Code), Regardingobjects sold according to weight, quantity or size (Article 1461), and Regarding the objects for sale which aresold according to piles (Article 1462). Based on Article 1462 of the Civil Code, the risk of the object lies with thebuyer.
Putusan /Akta Perdamaian Sebagai Bagian Dari Sistem MediasiBerdasarkan Perma No. 1 Tahun 2016 Di Pengadilan NegeriPurwokerto dan Pengadilan Negeri Banyumas Tahun 2022 Aris Priyadi
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.6m39z449

Abstract

Settlement of civil disputes is known as a peaceful institution as stipulated in Article 130 HIR in essence, thejudge is obliged to reconcile the parties in a dispute as the basis for the implementation of the peace processin every civil case examination, but these peaceful institutions are not effective and efficient in resolving acase. dispute resolution (settlement method) out of court, known as Alternative Dispute Resolution (ADR).Perma No 1/2016, among other things, states: Every judge, mediator and parties are required to follow theprocedure for resolving disputes through mediation. Not taking the mediation procedure based on thisregulation is a violation of the provisions of Article 130 HIR/154 Rbg which results in the decision being nulland void. The Purwokerto District Court and the Banyumas District Court have in principle implemented theprovisions of PERMA No. can be resolved by a peace agreement and confirmed by a Peace Deed Decision
Tinjauan Yuridis Terhadap Kesiapan Kewajiban Spin Off Bagi UnitUsaha Syariah (UUS) Menjadi Bank Umum Syariah (BUS) Wiwin Muchtar Wiyono; Iskatrinah
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.99v9g782

Abstract

Law Number 21 of 2008 concerning Sharia Banking in Article 68 paragraph 1 and Article 40 Article 40 PBI No.11/10/ PBI / 2009 mandates that every Sharia Business Unit (UUS) that becomes a sharia unit at aConventional Commercial Bank (BUK) to separate itself (spin-off). and explained that UUS is required toseparate into BUS if UUS asset value has reached 50% (fifty percent) of the total asset value of its parent BUK.The spin-off time is no later than 15 (fifteen) years since the law was enacted, namely in 2023. If the spin-offorder is not carried out by each UUS, then Bank Indonesia as the central bank will impose sanctions in the formof revocation of operational licenses. But the problem that arises is in the face of time spin-offs are not a fewUUS are overwhelmed in preparing capital so that they have not been able to stand on their own afterseparating. The purpose of writing is to find out the impact of the spin-off for UUS by analyzing the solutionsthat can be offered. The results of the study indicate that it is necessary to review Law Number 21 of 2008concerning Islamic Banking by considering the financial condition of UUS. In addition, UUS which have carriedout a spin-off by becoming a new BUS can optimize the utilization of Third Party Funds in the form of financingand other services. In order to encourage the growth of BUS, support from the government is needed, such asproviding tax incentives and simplifying regulations on equity participation. In addition, the new BUS needs tocarry out various innovations by adding financing products and developing products that have beenimplemented. This study aims to provide an overview of the readiness of the Spin Off obligations for UUS tobecome BUS and issues related to readiness to fulfill UUS obligations to become BUS in July 2023.
Pentingnya Mediasi Dalam Mengurangi Kasus Perceraian DiPengadilan Agama Banyumas Teguh Anindito; Aris Priyadi; Arif Awaludin
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.f1gaeb74

Abstract

Mediation as one of the tools that is needed in dealing with divorce cases is very important. Many divorcecases are resolved through mediation. Research conducted at the Banyumas Religious Court usingnormative juridical methods shows that mediation still needs to be socialized to resolve the various divorcecases that have piled up at the Banyumas Religious Court. It is necessary to overcome various obstacles inresolving cases through this mediation. Minimizing obstacles will help achieve optimal mediation. Effortsmade by the Supreme Court by making Supreme Court Regulations further strengthen the role of mediationin settling cases. 
Penyelesaian Sengketa Antara Indonesia Dan Australia Dalam KasusPencemaran Laut Timor Akibat Tumpahan Minyak Montara Doni Adi Supriyo; Rusito
Wijayakusuma Law Review Vol. 4 No. 2 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.pys8xg16

Abstract

This paper aims to analyze the responsibility of Australia and Thailand for cases of pollution from the leakageof the Montara oil well which is owned by a Thai company. This pollution originates from the Montara Field TheMontara Well Head Platform in the West Atlas Block ofthe Timor Sea in Australian waters. The oil spill resultedin cross-border pollution because it extended to the waters of the Timor Gap or Timor Gap which is the borderwaters between Indonesia, Australia and Timor Leste (Meinarni, Volume 5). The extent of the effect of oil spillcontamination from the well located in the Northwest Atlas Block of Timor is about 75% entering Indonesianwaters, so this pollution is an important problem for the Indonesian people, because it enters the ExclusiveEconomic Zone (EEZ). This writing is writing that uses normative legal research using a statutory approach,concept approach, and case approach in accordance with the legal perspective of the United NationsConvention on the Law of the Sea 1982 and relevant legal theories that will be used and constructed. with legalprinciples, principles and doctrines. Based on Article 139 Paragraph (1) of UNCLOS 1982, the State must beresponsible for activities carried out in the marine area, whether by participating States, individuals or statecompanies or legal entities or individuals who have the nationality of their country
Hak Memperoleh Keadilan Dalam Sistem Peradilan Di Indonesia Aniek Perian; Rusito
Wijayakusuma Law Review Vol. 4 No. 1 (2022): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.7760s072

Abstract

Constitutionally, the Indonesian state has guaranteed, respected, respected and protected human rights. Beforethe amendments were made, the 1945 Constitution could be said to have not explicitly stated the guarantee ofhuman rights. However, after the amendment of the 1945 Constitution, especially the second amendment in2000, the provisions regarding human rights in the 1945 Constitution have undergone fundamental changes.This amendment to the 1945 Constitution contains human rights material as regulated in Article 28Aparagraph (1) to Article 28j paragraph (2). By using normative juridical research methods, this study aims todetermine the efforts that must be made to obtain justice in the justice system in Indonesia. The justice to beenforced in the constitutional state of the Republic of Indonesia is justice that contains the values of thePancasila philosophy, the 1945 Constitution and the values contained in other legislation, whose values areaspirational with the values and sense of community justice. Meanwhile, the way to enforce law and justice iscarried out in accordance with the implementation procedure based on the principle of presumption ofinnocence and other principles determined by the Criminal Procedure Code.