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Wacana Hukum
Published by Universitas Slamet Riyadi
ISSN : 1412310X     EISSN : 26563797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL WACANA HUKUM is a peer-reviewed journal published by Faculty of Law Universitas Slamet Riyadi. It published twice times a year (Juni and Desember). JURNAL WACANA HUKUM aims to provide a forum for lecturers and researchers to publish the original articles about Law Science.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 28 No 2 (2022): February 2022" : 6 Documents clear
State Sovereignty and Refugee Protection Heribertus Untung Setyardi Untung Setyardi, Heribertus
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i1.6645

Abstract

State sovereignty is often used by some countries as a shield to refuse refugee arrivals and provide protection to them. This is felt detrimental to refugees, even though the original nature of the absolute and exclusive sovereignty of the state can no longer be maintained. In this connection, this paper would like to explain the ideal attitude that countries need to have and take towards refugees so that the international protection goals for refugees can be achieved. This paper is part of the results of the research (dissertation) of the writer who uses the normative legal research method with a conceptual approach.
The Compliance Of Autonomous Weapons To International Humanitarian Law: Question Of Law And Question Of Fact Shahrullah, Rina; Samsu Saputra, Muhammad
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i1.6689

Abstract

International Humanitarian Law (IHL) sets the rules to prevent human from doing excessive damages upon humanity in the time of war or armed conflicts. However, a new weapon which is called autonomous weapons rises a serious concern today because it can search, detect, identify, select, track and engage targets without human interventions. This study aims to clarify which weapons are  regarded as “autonomous” today in order to  find out whether the present autonomous weapons comply the IHL principles. This study adopts normative legal research.  The data types used is based on secondary data which consist of Primary legal materials, namely the Geneva Convention 1949 and its Additional Protocols. In addition, secondary legal materials are used to support the primary legal materials are obtained from articles and books.  The data is collected through library research and analyzed by using a qualitative-descriptive approach. It finds that a weapon system which limits human control and intervention, is not automatically classified as an autonomous weapon due to the level of human and AI engagement in the weapon. The use of autonomous weapon in armed conflicts does not entirely fulfill the principles of IHL, particularly a fully autonomous weapon because it will never satisfy the principle of distinction, proportionality, the prohibition of attack against those hors de combat and humanity.
Implementation of Individual Candidate Reviews in the Election of Mayor in Surakarta City Murti Samadi, Wibowo; Rukmi B, Shinta
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i1.6731

Abstract

This study aims to further examine the implementation of individual candidate reviews in the mayoral election in Surakarta City in 2020. The city of Surakarta implemented direct elections in 2020 which were followed by political parties, in this case PDI Perjuangan (Gibran Rakabuming Raka and the individual Teguh Prakoso). ) and individual candidate Bagyo Suparjo who will appear in the direct election according to the decision of the Pilwalkot participants.This study uses a normative legal research method using a statutory approach (Statute Approach) and a case approach (Case Approach). The approach in normative research examines data that is directly taken from a literature review and secondary data that can be studied through document studies is found at the Surakarta City Regional General Election Commission. This is in accordance with the 1945 Constitution and Law no. 10 of 2016. This approach is expected to get an overview of normative studies using descriptive analysis and purposive sampling.The results of the temporary study showed that the implementation of the individual candidate review in the mayoral election in the city of Surakarta was won by Gibran Rakabuming Raka and Teguh Prakoso who defeated Bagyo Suparjo. The existence of individual candidates in the political and democratic system occurs because Law Number 32 of 2004 concerning Regional Government only limits and facilitates candidates for regional heads who come from political parties only. Individual candidates in the post-conflict local elections in Indonesia are not significant because one of the regulations governing individual candidates is burdensome to individual candidates, even though individual candidates have been regulated in the 1945 Constitution and strengthened by the Constitutional Court Decision Number 5/PUU-V/2007 which is the political right of the people to vote. Chosenas a form of democracy and human rights. Deparpolization is caused by the decline in public confidence in political parties so that people look for other political routes and provide space for people who do not have political vehicles, which are expected to be able to answer the deadlock of political parties so that their political rights can run well.
Insider Trading Case Settlement: Studies in Indonesia and The United States Gea, Mansix Agusmanto; Hutajulu, Marihot Janpieter
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i1.6781

Abstract

Insider trading is a term that refers to the practice in which corporate insiders conduct securities transactions (trading) using their exclusive information that is not yet available to the public or investors. Indonesia and the United States are 2 (two) countries that prohibit insider trading in the capital market. Through this article, the author wants to analyze the similarities and differences the regulation of insider trading in Indonesia and the United States, and explain the legal process for the settlement of Insider Trading cases in Indonesia and the United States. This research is a normative research, using the laws and regulations on the capital market originating from 2 (two) countries, there are the laws and regulations on the capital market of Indonesia and the United States. The analysis of this paper concludes that Indonesia and the United States prohibit the practice of insider trading in the capital market.
The Implementation of Democracy in The Middle of The Application of Ite Law Hermawan, Ian Aji
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i1.6806

Abstract

Democracy in Indonesia has been running for quite a long time since Indonesia was founded until now, which is approximately 76 years. each order has its own characteristics in carrying out democracy in Indonesia according to the conditions and political interests at that time.So that each ruler has his own interpretation of democracy in the Sukarno era, in the guided democracy during the Suharto era, there was Pancasila democracy and in the reformation period, Pancasila democracy was implemented in accordance with the constitution. there is little difference in implementing Pancasila democracy during the New Order era and during the reformation period.This difference can be seen where during the new code of democracy Pancasila was implemented but not wholeheartedly because the authorities at that time implemented a subversion law, while during this reformation period, especially in the last 10 years, the government implemented a democratic system but also implemented a law on information and electronic transactions. considered by some legal and political observers to be a substitute for subversive laws.
The Reform of the Parliamentary Threshold System Based on Human Rights: Evidence from the United States Putra Perbawa , I Ketut Sukawati Lanang; Kusumaningtyas , Reza Octavia; Jailani, Abdul Kadir
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i2.10962

Abstract

Using thresholds in elections facilitates fair competition among political parties for votes. Nevertheless, this threshold rule could pose a legal obstacle if a political party fails to get a parliamentary seat in an election due to insufficient voter support. This research intends to assess the ongoing significance of the parliamentary threshold system in Indonesia through comparison studies with other nations. This inquiry employs a normative juridical methodology. The research findings indicate that implementing the Parliamentary Threshold should better accommodate each region's unique and varied political objectives. This challenges the notion of variety within unity, potentially hindering the progress of political goals at both regional and national scales. National parliamentary thresholds can limit or remove regional political rights. Furthermore, the United States, which originated the presidential system of government, possesses the most extensive federal constitution worldwide. The United States spearheaded this progress by integrating human rights into its constitution. The United States operates under a two-party system and does not employ a specific legislative threshold system. Elections are conducted at several levels of government, including federal, state, and municipal. However, there are no established uniform criteria for parties or candidates to meet to be eligible for representation. The electoral college method also impacts the allocation of ballots, enhancing the probability of participation and involvement from each political party. Political parties experience more excellent stability. Therefore, Indonesia should adopt additional inclusive reforms based on human rights principles to establish specific benchmarks.

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