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WLRev
Published by Universitas Wijayakusuma Purwokerto
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
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Kajian Terhadap Perikatan Alamiah MenurutKitab Undang–Undang Hukum Perdata (KUH Perdata) Bing Waluyo
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.z0xbda51

Abstract

The source of the engagement as regulated in Article 1233 of the Civil Code, can occur due to two things, namelyan engagement born of an agreement and an engagement born of law. Engagements born from laws consist ofengagements born from laws only and those born from laws due to human actions which can be distinguishedinto human actions that are in accordance with the law (rechtmatige) and those that are against the law(onrechtmatige). Engagements born from the law due to human actions in accordance with the law, one ofwhich is contained in Article 1359 of the Civil Code, which consists of two paragraphs, namely paragraph 1which regulates the right to claim back payments that are not owed, and paragraph 2 regulates if a personlegally voluntarily fulfill the obligations of the natural engagement, then the payment is not a payment that isnot owed, it can be concluded from the contents of the article, namely that the payment made by the debtorcannot be requested back. Furthermore, regarding how and what is meant by natural engagement, the CivilCode does not explain in detail, on this basis it encourages the author to write a study on natural engagementaccording to the Civil Code (KUH Perdata). The approach method in this paper is normative juridical, while thespecifications in this paper are descriptive analytical.
Perlindungan Hukum Terhadap Hak-Hak Anak dan PerempuanPasca Perceraian Aris Priyadi
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.7a7zdc46

Abstract

In general, it can be said that it is the will of the people who carry out the marriage, that the marriagewill continue and only be interrupted when one of the husbands or wives dies. But in reality, maintaining ahappy and eternal family is not easy. In the course of the household, there are often problems that resultin disputes and quarrels. When the rights of one party are violated, or one of the parties does not carryout their obligations, there will be turmoil in the household. Many husbands and wives finally decide to endtheir marriage by divorce. Divorce has legal consequences both for ex-husbands and ex-wives and forchildren. The Marriage Law does not provide a clear description if there is a dispute or struggle for childcustody (hadhanah), then custody of the child is given to the father or mother. However, the Compilationof Islamic Law (KHI) provides a more detailed description of child custody or hadhanah. Based onArticle 105 in conjunction with Article 156 of the Compilation of Islamic Law (KHI).
Perlindungan Dan Pengelolaan Hak Royalti Pencipta MelaluiPeraturan Pemerintah No 56 Tahun 2021 Gracelina Jesyca Carmety Nyaman; Kadek Nita Erlita; Anjalia Rambu Kahi; Ruhil Amani
Wijayakusuma Law Review Vol. 3 No. 1 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/t3m5kt23

Abstract

In making this article to get an overview of the protection and management of royalty rights in Government Regulation No. 56of 2021, which guarantees protection and legal certainty for the economic rights of creators, copyright holders, and relatedrights owners to songs and / or music, is needed. there is a royalty management mechanism that is transparent, high quality,and right on target as well as through the means of Information Technology. Therefore music is one of the most importantparts in human life. Based on the existing reality that music is the most important part of life, it is hoped that this informationon classical music can meet the needs of society and the classical music community. In carrying out musical activities, theconcept of Elegance of melody is used which can create a space for a combination of romantic and contemporary times thatcan create a spatial atmosphere that seems classic, romantic, but incorporates a contemporary color. Number 28 of 2014concerning Copyright, especially Article 15 where Royalty Rights for creators, copyright holders, and related rights owners whoare not known and / or have not been a member of an LMK are kept and announced by LMKN for 2 (two) years for the creatorsto know , copyright holders, and voters related rights. Within the LMKM always strives to increase royalty revenue for the useof songwriting and music in Indonesia and distribute Royalties for the use of songwriting and music works to rights ownersthrough LMK in a fair, transparent and accountable in accordance with applicable regulations.
Kontribusi BUMN (Badan Usaha Milik Negara) Pada SektorEkonomi Dalam Menghadapi Pandemi Covid-19 Falentino Theodoris Manasye Davids; Andhika Ahza Rachmadhani; Kanaya Adna Maharan; Ria Kasanah; Surya Raka; Dyah Permata Budi Asri
Wijayakusuma Law Review Vol. 3 No. 1 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/6bh56d11

Abstract

The objective of this research is to find out how the contribution of SOEs in the economic sector in the face of theCovid-19 pandemic which threatens economic stability and the consequences of the Covid-19 pandemic in theeconomic sector. The research method used was qualitative by following the typology of normative legalresearch. The research data were collected by means of literature and document studies. The data that has beencollected will be identified and arranged systematically and written descriptively and analyzed qualitatively. Theresearch results obtained are: 1. Contribution of SOEs in the economic sector in the context of facing the Covid-19pandemic, including a. The State Electricity Company (PLN) which contributes to providing free electricityassistance; b. PT Jamkrindo and PT Askrindo contributed in providing credit guarantees; c. Pegadaian, PNM, andBRI contributed in providing interest subsidy incentives. 2. The consequences arising from the Covid-19pandemic in the economic sector include household consumption or people's purchasing power of the economywhich has decreased drastically, there is prolonged uncertainty so that investment weakens and has implicationsfor the cessation of business, and the whole world is experiencing economic downturn so that Commodity pricesfell and Indonesian exports to several countries also stopped.
Pelaksanaan Diskresi Pada Penanganan Pandemi Covid 19 DiIndonesia Iskatrinah
Wijayakusuma Law Review Vol. 3 No. 1 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/6gv7c570

Abstract

The purpose of this paper is to analyze the harmonization of the principle of discretion in government over thepolicies of the central government with local governments in handling the Covid 19 pandemic in Indonesia. Theresearch method used in this research is to use normative legal research methods, with the result that the spreadof the Corona Virus in Indonesia has made the government, local governments, and the Indonesian peoplecontinue to be alert and alert. Vigilance and preparedness are important so that prevention and control of thecorona virus pandemic in Indonesia can be done as well as possible. The form of handling the Covid 19 pandemic,both the central and local governments, both provincial and district / city, have implemented existing legalinstruments and issued approaches both social approaches and legal instruments issued by authorizedgovernment officials through freedom of action or discretion as an effort to harmonize central governmentpolicies with local governments.
Penerapan Asas Keadilan, Kemanfaatan, dan Kepastian Hukumdalam Kebijakan Pengampunan Pajak (Tax Amnesty) di Indonesia Yesi Arfianto
Wijayakusuma Law Review Vol. 3 No. 1 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/jehs6x39

Abstract

The purpose of this study is to determine the application of the principles of justice, benefit, and legal certainty intax amnesty policies in Indonesia. There are many problems in society related to the absence of the principle ofjustice and the principle of legal certainty in the implementation of tax amnesty policies based on Law Number11 of 2016 concerning Tax Amnesty. This study uses a descriptive normative type of research based on thematerials collected, both primary and secondary legal materials. The research approach used by the author is astatutory approach. The results of the study stated that the principle of justice and the principle of legal certaintycould not be applied optimally, however, the principle of benefit could be implemented properly with theimplementation of a tax amnesty program properly. 
Peranan Dewan Keamanan PBB Dalam Penyelesaian KonflikBersenjata Non-Internasional Di Libya Ignesia Della Faragil; Levina Yustitianingtyas
Wijayakusuma Law Review Vol. 3 No. 1 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/9q6wff55

Abstract

AbstractThe United Nations or abbreviated to the UN is an international organization whose main objective is to maintainworld security and peace. In addition, the UN also aims to provide humanitarian assistance in times of famine,natural disasters and armed conflicts, both international and non-international conflicts. Like the conflict thatoccurred in the country of Libya in 2011, which was caused by the uncertainty of Libyan citizens against thegovernment led by Moammar Gaddafi. This conflict occurred involving two parties, namely between the ProKhadaffi and the Opposition. As a result of this conflict there were so many victims, which in the end this conflictled to a crime against humanity. In this case the United Nations through its Security Council immediately takesaction as an effort to maintain security and peace in the international world. This study aims to determine whatactions are being taken by the United Nations to resolve the conflict in Libya. This research is a normative legalresearch using the statue approach. The result of this research is that the UN Security Council issued Resolution1970 and Resolution 1973 which were concrete actions as an effort to resolve the conflict in Libya. The follow upof this conflict resolution was the issuance of Resolution 2009 by the UN Security Council. 
Eksistensi Dewan Pengupahan Dalam Proses Penetapan UpahMinimum Anas Santoso; Asri Wijayanti
Wijayakusuma Law Review Vol. 2 No. 1 (2020): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/haahay54

Abstract

An existence of Wage Council in the process of setting minimum wages is currently less than optimal. Thisresearch aimed to analyze the existence of Wage Councils in the process of setting minimum wages based on ananalysis of substance and procedures in legislation. This research was a normative juridical with statuteapproach. The results showed that the differences in the implementation of the provisions of Article 88paragraph (4) of Law 13/2003 with the implementing regulations contained in Article 43 paragraph (1) PP78/2015 jo Keppres 107/2004 jo Article 1 Permenaker 15/2018. The resulting recommendation made a revisionof the rule of law that can optimize the Wage Council's performance in the process of setting minimum wages. 
Perlindungan Hukum Terhadap Pekerja Atas Alat Pelindung Diri Fitri Hardianti Solicha; Asri Wijayanti
Wijayakusuma Law Review Vol. 2 No. 1 (2020): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/af41a146

Abstract

Every worker must get a guarantee for occupational safety and health while carrying out the work relationship.This research aimed to find out the form of legal protection for workers for their personal protection devices andlegal remedies. This research was a normative juridical with statute approach. The first research result showedthat every worker was guaranteed their right to occupational safety and health integrated with the company'smanagement system. Employers were required to provide explanations and self-protective equipment to workerswho were obliged to use them. There was a threat of criminal sanctions for violating entrepreneurs. The secondresearch result showed a civil law effort. It can be done by workers if they do not get an explanation and personalprotective equipment that can conduct bipartite deliberation or mediation and continue to the PHI for the harmcaused. Criminal legal remedies can be undertaken by workers by reporting K3 violations to local labor inspectoremployees. It was concluded that the employer had the obligation to provide an explanation and self-protectiveequipment. The workers were entitled and obliged to use self-protective equipment. There were criminalsanctions for employers who violated but there were not criminal sanctions for workers who violate. Theresulting recommendations were the sanctions for workers.
Eksistensi Alat Bukti Formal Dalam Perselisihan HubunganIndustrial Hasan Al Munir; Asri Wijayanti
Wijayakusuma Law Review Vol. 2 No. 1 (2020): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/1ckyjp80

Abstract

Formal evidence in industrial relations disputes is very important in fact the parties (workers) are unable toprovide sufficient formal evidence during the process of resolving industrial relations. The purpose of thisresearch found out the substance of legal subjects and legal objects of formal evidence in the process of resolvingindustrial relations disputes. This legal research was a normative juridical with a statute approach. The resultsshowed the substance of formal evidence in industrial relations disputes, consisting of the substance of the legalsubject and the legal object of the evidence. formal evidence in disputes over industrial relations was veryimportant to achieve truth. The resulting recommendations were that special arrangements that needed to bemade to require employers / laborers to provide evidence of industrial relations they carried out.

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