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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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Investasi Cryptocurrency Bitcoin Dalam Teknologi BlockchainMenurut Syariat Islam Wiwin Muchtar Wiyono
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.31rnnc14

Abstract

Often the rapid development of the world economy and also Islam is the majority of Indonesian people, asMuslims must understand technology Cryptocurrencies and activities related to these technologies, as well asunderstanding the law in Islamic Sharia are sourced from Hadith and verses of the Koran. Cryptocurrency isvirtual money, digital money, or electronic money that exists in cyberspace and does not have a concrete form ofobject. This cryptocurrency has many kinds, including Litecoin, Monero, Ether, Ripple, Ethereum, Qtum, Dash,Zcash, and Bitcoin. Bitcoin security is protected by Blockchain technology. However, Bitcoin does not have anunderlying asset (underlaying asset) and there is no responsible authority agency, its ownership is anonymous, itsvalue fluctuations are very extreme, and is dominated by the opinion publication factor of the marketing system.That is why the use of Bitcoin in investment and business transactions raises pros and cons among economists andscholars. This study aims to get an overview of Bitcoin technology, especially about Blockchain and the legitimacyof its use in investment and business transactions according to Islamic law. The applied theory used is thebusiness taxonomy of haram lidzatihi and haram lighairihi from the number of scholars reconstructed byAdiwarman Abdul Karim. This research is a literature study. The data sources for this research were taken fromthe Koran, the hadith of the Prophet, classical and contemporary books, as well as from online media sources.From this study, it was found that Bitcoin technology with Blockchain can indeed be recognized as an excellentrevolutionary technology, but its use as an investment instrument contains elements of maysir (betting) and as aninstrument of business transactions contains elements of gharar. Its legal position is haram lighairihi.
Implementasi Kebijakan Sistem Zonasi Di Koordinator Wilayah DinasPendidikan Sumbang (Berdasarkan Peraturan Bupati Banyumas Nomor 28Tahun 2021 Tentang Penerimaan Peserta Didik Baru Pada Pendidikan Anak UsiaDini,Sekolah Dasar Dan Sekolah Menengah Pertama Tahun Pelajaran 2021/2022) Nur’aini Fadhillah; Esti Ningrum; Wahyu Hariadi; Haris Kusumawardana
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.h7w9e530

Abstract

One of the goals of the Indonesian state is to educate the nation’s life, to the end; the government makespolicies in the field of education, one of which is the school zoning system. However, there still issues withthe implementation process, so the purpose of this research is to determine how the zoning system policyis implemented and the obstacles encountered at the Regional Coordinator of the Sumbang Sub-DistrictEducation Office. A normative/juridical approach method was used in the research to find the law inabstracto in cases in concreto. Secondary data obtained by studying documents is used as the main data,and primary data obtained by conducting interviews is used as supporting data. The qualitative analysismethod is used to conduct the analysis, and deductive reasoning is used to think. Based on the author’sreview of the literature and research, it is possible to conclude that the implementation of zoning systempolicy in the Regional Coordinator of the Sumbang Sub-District Education Office (Based on BanyumasRegent Regulation Number 28 of 2021 concerning Admission of New Students in Early ChildhoodEducation, Elementary Schools, and Junior High Schools for the 2021/2022 Academic Year) has been goingquite well, if not optimaly. The implementation process is hampered by a lack of information and facilities.
Peralihan Regulasi Dari Undang-Undang Nomor 8 Tahun 1971 KeUndang-Undang Nomor 22 Tahun 2001 Tentang Minyak Dan GasBumi Iskatrinah; Doni Adi Supriyo
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.54je3c85

Abstract

The enactment of Law Number 22 of 2001 concerning Oil and Gas, is an important milestone in regulating oil andgas mining business in Indonesia. One of the interesting provisions is regarding the production sharing contract.However, in this study, the formulation of the problem that will be reviewed is the history of the birth of LawNumber 22 of 2001 concerning Oil and Gas. The method used in this discussion is the normative juridical methodthrough literature studies such as literature books and Law Number 8 of 1971; Law Number 22 of 2001concerning Oil, Gas and Natural Gas by doing a comparison or comparison of the two laws and regulations. Thespecifications used in this discussion are Analytical Descriptive, which describes the facts regarding provisionsregarding oil and gas and natural gas. In order to fulfill the wishes of foreign investors, the economic reformagenda contained in the letter of intense, includes the energy sector reform program. The energy sector reform isstated in the agreement item letter F (The energy Sector) in the Memorandum of Economic and Financial Policies(Letter of Intense), January 20, 2000.
Dampak Pemekaran Daerah Kabupaten/ Kota Iskatrinah; Doni Adi Supriyo
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.yyt3x976

Abstract

The availability of regulatory opportunities for the expansion of autonomous regions, or the formation of newautonomous regions, is actually not a new thing in the history of regional government in Indonesia. Since thecentralized system of government during the New Order era, the government has also done a lot of establishingnew autonomous regions. In the 1945 Constitution of the Republic of Indonesia, the territory of the Unitary Stateof the Republic of Indonesia is divided into provincial areas and provincial areas are divided into regencies/cities,each of which has a regional government to carry out regional autonomy as widely as possible. Regionalautonomy is the right, authority, and obligation of an autonomous region to regulate and manage its owngovernment affairs and the interests of the local community in accordance with statutory regulations. Thepurpose of this study is to find out more about the impact of the division of districts/cities in a decentralizedunitary state. The research method used in this research is using normative legal research methods, with theresult that the ability of the regions to exercise authority after the division is not the same because each hasdifferent conditions and characteristics. Regional expansion has an impact on culture, public services, economicdevelopment, defense, security and national integration. The formation of regions through the division ofregency/municipal regions in reality cannot be the main choice in accelerating development. But on the otherhand, regional formation is also not something to be avoided. The conclusion of this study is that the formation ofregions through the division of regencies/municipalities is actually a difficult thing, but the trend of expansioncontinues to increase, in fact regional expansion cannot be the main choice in accelerating development. But onthe other hand, regional formation is also not something to be avoided
Pelaksanaan Peraturan Daerah Kabupaten Banyumas Nomor 9Tahun 2009 Tentang Kedudukan Keuangan Kepala Desa danPerangkat Desa Ninik Hartariningsih; Esti Ningrum
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.pw6xk318

Abstract

The purpose of this study was to determine how the implementation of the Regional Regulation No. 9 of 2009 andhow the results achieved with the implementation of this Regulation. While the usefulness of this research study isTeoritis.hasil expected to be contributions to the development of the science of law and various legal productsproduced by the Regional Government of Banyumas, whereas Practical Uses the results of this study are expectedto assist local governments in finding out if there is a constraint jalan field. Besides, it is also the implementation ofthe regulation can achieve prosperity for the village head and the device village.Adapun This research usednormative juridical approach, which is based approach Normative legal disciplines, as sisitem rules and the dataor examine the problems adhering to the terms of Juridical . Specifications Research, Research this Normative legaluse, the type of Clinical Legal Research, the research to find the case law In Abstrakto In Conereto. The material ofthis study is the Implementation of Regulation No. 9 of 2009. The location Research, Some Banyumas RegencyVillage and University library Wijayakusuma Purwokerto, Banyumas Regional Library. Sekender Data SourceData is sourced in legislation, official documents that exist at the district and village, literature and journals andthe internet was associated with law.
Perlindungan Hukum Terhadap Konsumen Rokok Elektrik Wiwin Muchtar Wiyono; Suryati; Nurlaeli Sukesti Ariani Nasution
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.eh1vr042

Abstract

The circulation of goods and/or services in society at this time also affects the development of cigarette products,both kretek cigarettes, white cigarettes, cigars and even the development of electric cigarettes. The governmenthas issued many regulations related to smoking. One of the most popular cigarettes in society is the electriccigarette which aims to protect consumers from harm. However, e-cigarettes also contain dangers that manyconsumers are not aware of. The form of protection for cigarette consumers has been issued PP No. 109 of 2012concerning the Safety of Materials Containing Addictive Substances in the Form of Tobacco Products for Health.The PP also applies to e-cigarettes. This study uses a normative juridical method, with secondary data as the maindata in the form of legislation, and related literature. The data were analyzed qualitatively. In general, inconsumer protection law there are several principles of responsibility, namely the principle of responsibility basedon the element of error/negligence, the principle of the presumption of being responsible (presumption ofliability), the principle of the presumption of not always being responsible (presumption of nonliability) and theprinciple of absolute responsibility (strict liability). The responsibility of business actors to consumers using ecigarettes is included in the principle of presumption of liability, known as a reverse proof system where businessactors as defendants are always considered responsible for all losses suffered by consumers until they can provethat the business actor not guilty
Pengawasan Terhadap Peredaran Kosmetik Yang TidakTerdaftar Di Badan Pengawasan Obat Dan Makanan Jawa Tengah Cesyafrina; Esti Ningrum; Agoes Djatmiko
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.cbxqnj10

Abstract

This study aims to determine the Consumer Protection Civil Servant Investigator (PPNS-PK) on the distribution of cosmetics thatare not registered at the Food and Drug Supervisory Agency (BPOM) Central Java, to find out the Constraints of ConsumerProtection Civil Servant Investigators (PPNS-PK). PK) on the circulation of cosmetics that are not registered with the Food andDrug Supervisory Agency (BPOM) of Central Java, to find out the efforts of the Consumer Protection Civil Service Investigator(PPNS-PK) in overcoming the circulation of cosmetics that are not registered with the Food and Drug Administration (BPOM).BPOM) Central Java. The method used is normative juridical, namely legal research carried out by examining library materialsor data as basic materials for research to be carried out by tracing regulations and literature related to the problems studied.Research Results: The role of Civil Servant Investigators for Consumer Protection in supervising cosmetics that are not registeredwith the Food and Drug Supervisory Agency of Central Java, which is in accordance with article 59 paragraph (1)-(4) of Law no.8 of 1999 concerning Consumer Protection, Constraints of Consumer Protection Civil Servant Investigators in the circulation ofcosmetics are not registered with the Central Java Food and Drug Administration, namely business actors do not have clearaddresses for cyber patrol officers assistance, Civil Servant Investigator Efforts Consumer Protection in overcoming thecirculation of cosmetics that are not registered with the Food and Drug Supervisory Agency of Central Java, namely by providinga complaint channel through digital media.
Tinjauan Tindak Pidana Human Traficiking sebagai KejahatanTrans-Nasional Aniek Perian; Rusito
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.h9r1ww49

Abstract

This study aims to review the crime of Human Trafficking as a transnational crime. The author explains theconcept of the crime of Trafficking in Humans which then leads to the condition and development of the crime ofTrafficking in Humans. At the end of the discussion, the author explains how to enforce the law against the crimeof Human Trafficking. The method used in writing this article the author uses a normative juridical researchmethod, where national and international legal sources are used to sharpen the analysis described. Secondarydata obtained from case studies based on cases that occurred in Indonesia. At the end of this article the authorconcludes that social workers need a global perspective to understand the issues that contribute to internationalmigration, including the problems and dynamics of human trafficking.
Upaya Perlindungan Lingkungan Sebagai Bagian dariPerlindungan Hak Asasi Manusia dalam Perspektif Hukum Positif suryati; Teguh Anindito; Wiwin Mochtar Wiyono; Nurlaeli Sukesti Ariani Nasution
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.rkexr153

Abstract

The issue to be discussed is environmental protection efforts as part of the protection of human rights inIndonesian positive law. This writing uses normative research methods. The results of the analysis show thatthere are several government programs to protect the environment in Indonesia, for example, the NationalAction Plan for Human Rights, and the planting of a million trees. Legal instruments on environmentalprotection as part of the protection of Human Rights, which are based on national law as contained in the1945 Constitution, Law No. 32/2009, and Law No. 39/1999. Then based on international law, it is stated inPrinciple 1 of the Declaration. Stockholm 1972, and its Preamble. However, there is still a lot of damage orenvironmental problems caused by humans. Realizing how important the environment is as part of human rights,the community should be more concerned about protecting and respecting the environment for the sake ofsurvival. In order to minimize environmental problems, in addition to the existing regulations, strictersupervision and enforcement are also needed. Environmental protection in Indonesia needs to be furtherimproved so that the continuity of life is more guaranteed, because the right to a good environment is the right ofevery human being.
Tinjauan Yuridis Carding Sebagai Kejahatan TransnasionalTerorganisir haris kusuma wardana haris; Wahyu Hariadi; Teguh Anindito
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.jz6xeq69

Abstract

Carding is a part of cybercrime that appears from the development of information technology which is not onlyhave a positive impact but also the negative impact for the users. The number of carding’s cases proved that thiscrime is a big threat to society both nationally and internationally. This research will discuss whether cardingcan be categorized as a transnational organized crime and how the government’s efforts in undertaking cardingthrough penal and non-penal policy. The methodology used in this law research is a normative juridical research.The specification of the research used in this law research is descriptive analytical. The methodology used incollecting data by the writer is researching the literature or the secondary data, then analyzed it using analyticalqualitative methods. Based on the result of this research can be concluded that neither the Budapest Conventionon Cybercrime nor the Law of the Republic of Indonesia Number 11 of 2008 Concerning Electronic Informationand Transactions did not directly mention the carding as a crime. According to the elements of carding, it can becategorized as a cybercrime which can be done transnationally.

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