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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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Peran “Sentra Satria” Baturraden Dalam Melaksanakan Rehabilitasi Sosial Terhadap Anak Penyalahguna Narkotika Sebagai Upaya Mencegah Residivis Arrafi Agusti Satrio Wibowo; Ikama Dewi Setia Triana; Muhammad Yusril Irza
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.yv510482

Abstract

Narcotics abuse among children is a social problem that is increasing and requires serious attention. This research aims to analyze the role of the Baturraden Satria Center in carrying out social rehabilitation for children who abuse narcotics as an effort to prevent recidivism. The research method used is empirical normative legal research with a qualitative descriptive approach. Data was obtained through interviews with expert sources and relevant literature studies. The research results show that the Baturraden Satria Center has various social rehabilitation programs, such as mental development, psychosocial support, as well as skills training programs for children who have undergone rehabilitation. However, there are still several obstacles in implementing the program, such as limited dormitories for beneficiaries. Therefore, it is necessary to increase cooperation between government, society and families in supporting the successful rehabilitation of children who abuse narcotics so that brands can return to functioning socially in society without repeating the same actions.
Peran Penalaran Hukum Dalam Proses Penemuan Hukum (Rechtsvinding) Oleh Hakim Aemili Rara Marcia Indriastuti; Emy Handayani
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.w8yszy58

Abstract

Legal reasoning is a method of thinking using logic to seek truth or solve problems in the field of law. We are aware that the law will not always be able to keep up with the rapid pace of development. The emergence of technology has enabled various types of crimes to occur, resulting in legal vacuums. Judges, as law enforcers, need to master legal reasoning to overcome these legal vacuums through the discovery of law. There are various forms of legal reasoning, such as deductive and inductive reasoning. In addition to form, there are aspects to consider in legal reasoning, namely the ontological aspect that questions what law is, the epistemological aspect that focuses on the method of legal reasoning, and the axiological aspect that questions the purpose of legal reasoning. The discovery of law itself is divided into legal construction and legal interpretation. Ultimately, it can be concluded that legal reasoning plays a crucial role in the process of judges making legal discoveries. Legal reasoning serves as the basis, guide, guideline, and knowledge that enables judges to conduct legal discoveries genuinely based on the realization of the purpose of law itself.
Implementasi Pembagian Waris Terhadap Anak Angkat Pada Masyarakat Muslim Mas’ut; Emy Handayani
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.bmyg1579

Abstract

Islamic law basically does not prohibit the practice of adopting children, also known as adoption, as long as it does not affect and does not change the relationship between the child and his biological parents. However, Islam prohibits adoption when the adoption will cause problems or problems, namely the severance of the child's relationship with his biological parents. Adoption that is permitted by Islamic law also does not affect inheritance. Islamic law does not make adopted children or adoption a cause of inheritance rights between adopted children and adoptive parents. In Indonesian Muslim society, some of those who do not have children, they adopt children to be their children and it is hoped that when they grow up they can help and support the lives of the adoptive parents. And what is most expected is when the adoptive parents are old, this adopted child is the one who is desired and expected to be able to take care of them later. Adopted children are usually treated like their own biological children in their love. Not a few of these adopted children treat their adoptive parents like their own biological parents in taking care of them when the adoptive parents are old and can no longer do anything. When the adoptive parents have died, of course they leave the property they have as inheritance. And the property left behind will of course be divided among the heirs. While the adopted child who has done such great service to his adoptive parents, of course he will get a share of the property left by his adoptive parents.
Keadilan Dalam Syariat Islam Pembagian Waris Terhadap Anak Angkat Emy Handayan; Mas’ut; Agus Sarono
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.enas8c49

Abstract

Inheritance law is very important, this is proven by the results of research by students of the Faculty of Law, Jayabaya University, Jakarta in order to fulfill the requirements for taking the Islamic Law II exam in the 1978/1980 academic year period. It appears in the statistics of cases entered and determined by the Religious Court in the Special Capital Region of Jakarta Raya, inheritance problems are ranked 2nd after marriage problems (Marriage, Divorce, and Reconciliation). The form and system of inheritance law are very closely related to the form of society in a region or place. If it can be said that law is one aspect of culture, both spiritual and physical, this is perhaps one of the reasons why there are various legal systems, especially inheritance law. Law determines the form of society, a society that is not yet known can be tried to understand it in its basics by studying the laws that apply in society. In Indonesia, there are three legal systems that regulate the application of issues and problems regarding adoption. The three legal systems are Islamic law, customary law, and Western law. However, the author will not discuss the customary law system and the Western law system, because he will focus on Islamic inheritance law. Based on the explanation above, it can also be concluded that the principle of proportional justice means giving a portion to someone based on their services or contributions. Thus, everyone does not have to get the same portion if the efforts made are different. Adopted children in the view of the principle of proportional justice can be given a more sufficient portion, as per article 209 of the KHI. This provision is of course followed by the condition that the child has contributed to their adoptive parents. The use of justice as a legal framework will make the law flexible and create happiness for humans.
Perlindungan Hukum Para Pihak Dalam Perjanjian Jual Beli Melalui Media Elektronik Dengan Sistem Cash on Delivery suryati; Ferryani Krisnawati; Mahardina Pradnya Paramita
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.f8ds5q27

Abstract

The aim of this research is to examine and analyze legal protection for parties in sales and purchase agreements via electronic media with a cash on delivery system. To achieve this goal, the approach method used is normative juridical. The data source is secondary data as the main data, which consists of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained was then analyzed qualitatively. Conclusion: legal protection for parties in electronic sales and purchase agreements with a cash on delivery system is carried out in a preventive and repressive manner. Preventive legal protection is carried out by carrying out obligations by the parties which will be able to prevent disputes or defaults as regulated in the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Government Regulation Number 80 of 2019 concerning Trading via Electronic Systems, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, and Government Regulation Number 71 of 2016 concerning 2019 concerning Implementation of Electronic Systems and Transactions. Repressive legal protection can be provided by parties by filing a lawsuit against the party who caused the loss through litigation or non-litigation.
Kajian Hukum Berperspektif Gender Pada Peran Hakim Dalam Menekan Angka Perkawinan Anak Retno Nur Wulandari; Elly Kristiani Purwendah; Esti Ningrum
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.nc6pzb64

Abstract

The purpose of this study is to determine the efforts of religious court judges to reduce the number of child marriages from a gender perspective based on the stipulation Number 204/Pdt.P/2020/PA.Tgt and to explain the obstacles for judges in reducing the number of child marriages from a gender perspective. In this thesis research, the author uses a normative legal approach method, namely by combining the problems discussed by examining laws and regulations, various legal theories and jurisprudence. The results of the study indicate that the prospective bride and groom have not reached the minimum age for marriage that has been set by the government. The legal basis for the Law on Marriage in Indonesia is Law Number 1 of 1974 and Law Number 16 of 2019. Law 16 of 2019 is an amendment to Law Number 1 of 1974, with that the prospective bride and groom must prepare administrative documents such as a letter of rejection from the KUA, family card, marriage certificate, birth certificate, and income statement. There are several obstacles for judges to be able to reduce the number of child marriages from a gender perspective, such as the lack of a Recommendation Letter from the Health Service, the absence of psychological tests can also make it difficult for judges to assess the mental maturity and psychological readiness of prospective brides and grooms, as well as the potential to violate the rules because requests for marriage dispensation for ages below the minimum limit set (19 years) can violate the rules. Judges can play an important role in enforcing the law with a gender-based approach, which prioritizes the protection of the rights of girls who are often victims. By using a gender perspective, judges are expected to be able to consider social and economic inequalities rooted in patriarchal norms in society, as well as assess the long-term impact of child marriage on the welfare of women and children as a whole.
Wanprestasi Dalam Perjanjian Jual Beli Khususnya Yang Disebabkan Adanya Cacat Tersembunyi Aris Priyadi
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.8knj0p90

Abstract

The main obligation of the seller in the sale and purchase agreement is to give up property rights over the object being traded and to bear enjoyment over the object and to bear any hidden defects. In Article 1504 of the Civil Code, namely the seller is obliged to bear hidden defects in the object being sold, which makes the object unable to use the intended use, or thereby reduces the use of it, so that if the buyer finds out about the defect, he will absolutely not buy the item, or will not buy it other than at a lower price. However, determining the size of the existence of a hidden defect in each person will be different, there may be someone who can accept the object he bought, even though according to the opinion of other buyers the object has hidden defects. The existence of hidden defects in the objects purchased can result in losses to the buyer because they do not get the object as expected in accordance with what has been previously agreed between the seller and the buyer, and will have legal consequences for the parties. From these descriptions, it encourages the author to write about a study of hidden defects in the agreement in the sale and purchase of movable objects. The research approach method used is juridical normative, while the research specification used is descriptive analysis.
Kendala Penerapan Kawasan Tanpa Asap Rokok di Puskesmas Kedungbanteng Kabupaten Banyumas Agoes Djatmiko; Haris Kusumawardana; Wahyu Hariadi
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.g1j5n650

Abstract

Kedungbanteng Community Health Center is one of the health service facilities in Banyumas Regency which should have implemented a 100% smoke-free area, but in reality, until now there are still visitors who smoke in the health center parking area, which shows that there is no compliance with the regulations set by the government. Based on Banyumas Regency Regional Regulation Number 26 of 2016 concerning Smoke-Free Areas, smoking is not permitted in areas that have been designated as smoke-free areas, including in health service facilities. The approach method used in this study is normative juridical, namely an approach that uses a positivistic legislative concept. The positivistic legislative concept is a written normative system created and promulgated by authorized officials and views law as an independent, closed, and separate normative system from real community life. The obstacle faced is the lack of knowledge and compliance from patients and the surrounding community or those who are accompanying patients to the Kedungbanteng Community Health Center that the health area is a Smoke-Free Area. It was directly found that there are still visitors to the Community Health Center who still smoke in the parking area. This is due to ignorance and the fact that the area is a no-smoking area. Furthermore, smoking has become a habit, often leading people to take the time to smoke while waiting.
Analisis Teori Hubungan Kausalitas dalam Hukum Pidana (Studi Putusan Pengadilan Negeri Atambua Nomor 140/Pid.B/2016/PN.ATB) Aemili Rara Marcia Indriastuti; Emy Handayani; Mas’ut
Wijayakusuma Law Review Vol. 7 No. 2 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.1t939130

Abstract

Causal relationships refer to cause-and-effect connections, where an event or phenomenon can serve as the cause or trigger for the occurrence of another event or phenomenon; this is one form of inductive reasoning. Inductive reasoning is used to draw a general conclusion from specific factual events. Regarding the application of causal relationship theories to the events in the Atambua District Court Decision Number 140/Pid.B/2016/PN.ATB, there are several differences in determining the causal factors of an outcome, namely the victim's death. Generally, the factor considered as the cause by causal relationship theories is the sixth factor. Exceptions include the conditio sine qua non theory, which regards all factors as causes, and the subjective adequacy theory, which also takes the second factor into account.
Dampak Over Kapasitas Bagi Warga Binaan Pemasyarakatan (WBP) Di Rumah Tahanan Negara Kelas IIB Purbalingga Kurniawan Abdul Azis; Ikama Dewi Setia Triana; Muhammad Yusril Irza
Wijayakusuma Law Review Vol. 7 No. 2 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.tf5hj040

Abstract

Overcapacity in State Detention Centers (Rutan) is a serious issue in Indonesia's correctional system. This study aims to analyze the impact of overcapacity on Correctional Inmates (WBP) at Class IIB Purbalingga Detention Center and identify efforts to address this problem.This research employs a qualitative method with a normative and empirical juridical approach. Data was collected through interviews with WBP and detention center officers, as well as literature studies and direct observations. The findings indicate that overcapacity at Class IIB Purbalingga Detention Center results in various negative impacts, including deteriorating health conditions due to overcrowding, increased psychological stress leading to conflicts among inmates, and reduced effectiveness of rehabilitation programs. Additionally, limited staff resources lead to suboptimal supervision and services for inmates.Efforts to address overcapacity include assimilation programs, accelerated parole processes, and improvements to detention center facilities. However, challenges remain, such as high recidivism rates and the limited implementation of alternative sentencing policies. Therefore, comprehensive policy reforms are needed, including the application of restorative justice concepts to reduce inmate populations and enhance the quality of Indonesia's correctional system.  

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