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Wacana Hukum
ISSN : 1412310X     EISSN : 26563797     DOI : -
Core Subject : Social,
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 307 Documents
Problematika Pendaftaran Partai Politik Peserta Pemilu di Era Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum Faizi Zain; Udiyo Basuki
Wacana Hukum Vol 25 No 2 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2019.25.2.3035

Abstract

The birth of Law Number 7 of 2017 concerning Elections strengthens the position of the Election Supervisory Body in enforcing election law. In addition to election crimes, other powers he has are taking action and deciding administrative violations, even though the authority is the authority of the State Administrative Court. This study is a combination of library research (library research) and field research (field research) that are descriptive analytical. The approach used is a normative approach. This study attempts to answer two questions; how to settle the election dispute process, and how the electoral dispute law enforcement system in Indonesia. The results showed that the authority to decide on dispute resolution in the electoral process was in Bawaslu whose decision was final and binding, but in practice legal remedies were made to the Administrative Court of Negarab and ended at the Supreme Court through appeals, appeals and judicial review.
Rekonstruksi Penataan Peraturan Perundang-Undangan Pasca Berlakunya Undang-Undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-Undangan Syahlan Syahlan
Wacana Hukum Vol 25 No 2 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2019.25.2.3045

Abstract

Synchronization and Harmonization of Regulations in Indonesia hadle by Badan Pembinaan Hukum Nasional and Direktorat Jenderal Peraturan Perundang-undangan. Stage of regulation’s synchronization and harmonization which doing by Badan Pembinaan Hukum Nasional are planning and preparation of Academic Text of regulation. Meanwhile, Direktorat Jenderal Peraturan Perundang-undangan will do synchronization and harmonization at the stage of draft of regulations by forming a Committee Between Ministries/Non-Ministries. The absence of a definite mechanism regarding the stages of synchronization and harmonization and do separately synchronization and harmonization in two institutions are not maximal. Finally, this pattern have an impact to quality of regulations which resulting which is the purpose of the synchronization and harmonization. 
PELAYANAN KESEHATAN DI ERA JAMINAN KESEHATAN NASIONAL SEBAGAI PROGRAM BADAN PENYELENGGARA JAMINAN SOSIAL KESEHATAN Prima Maharani Putri; Patria Bayu Murdi
Wacana Hukum Vol 25 No 1 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2019.25.1.3046

Abstract

The principle of justice, certainty and usefulness in BPJS services has not been felt by all parties, especially the Health Service Provider (PPK) as BPJS provider and also the BPJS who has no clear position and authority due to Law No. 40 of 2004 concerning the Social Security System National and Law No. 24 of 2011 concerning the Social Security Organizing Agency which collided with the Presidential Regulation on Health Insurance. Although the benefits of BPJS services have been felt mainly by BPJS Beneficiaries (PBI) participants, there are injustices and legal uncertainties and the possibility of triggering fraud in various parties, especially the PPK with the INA-CBGs system at the JKJ health service program.
Membangun Kebijakan Jaring Pengaman Teknologi untuk Mendorong Produktivitas Hasil Riset Indonesia Ayurisya Dominata; Aditya Wisnu Pradana; Edi Wahjono
Wacana Hukum Vol 25 No 2 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2019.25.2.3310

Abstract

The study motivated by complaints from a number of researchers, engineers, or those engaged in research and technology about the constraints of research productivity in Indonesia, for example there is no a kind of safety net that protects researchers when conducting technology/ product research downstreaming to the public, termed in this study as a Safety Net for Technology. This research method is descriptive qualitative, with interview, observation and documentation study data collection techniques. The results of the study concluded that the Safety Net Technology was needed to increase the productivity of research results in Indonesia. Not only that, this policy idea needs technical support for good policy implementation. Not only technological safety nets, another factor found to play an important role in the productivity of research results in Indonesia is a good research administrative system.
The Implementation of Parking Management and Its Regulation Sylvester Enricho Mahardika; Retno Saraswati
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3379

Abstract

This study aims to determine the implementation of Local Regulation No. 16/2016 concerning the Implementation of Parking in the City of Pekalongan and to know the obstacles in the implementation and how to solve the problem. The author uses the method of sociological juridical approach that emphasizes descriptive analytical research related to the implementation of Local Regulation No. 15/2016 whether it is appropriate or not. The study provided results in the form of several obstacles in the implementation of Local Regulation No. 16 of 2016, namely 1) tariff setting; 2) orderly arrangement of tariffs; 3) the number of illegal unlicensed parking lots; and 4) lack of orderliness in retribution.Keywords: Local Regulations, Parking, Pekalongan.
The Optimalization of Coal Mining Supervision for the Environmental Law Enforcement on Post-Mining Activities Putri Swastika Hidayah
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3422

Abstract

Many coal mining companies are reluctant to carry out reclamation and post-mining, of course, resulting in environmental, ecological and community losses. Therefore this article tries to parse and explain the role and function of supervision as an effort to enforce administrative law related to the obligation to conduct reclamation by coal mining companies in order to preserve the environment and provide public justice. In addition, it also describes the construction related to withdrawing good post-mining reclamation funds in an effort to overcome the bad faith of the mining company. This research is a type of normative legal research. In this research, it is known that this is a result of the lack of intensity of supervision carried out by the government both before the Mining Business License (IUP) is issued or after the IUP is issued. First, in the case of supervision prior to the issuance of IUPs, it is known that many of the management of IUPs are issued without attaching reclamation and post-mining plans which are actually mandated by Article 99 (1) of Law 02/2009 which should be a reference for supervision of companies in conducting post-mining reclamation. Second, in terms of supervision after the issuance of IUP, it is known that the regulation on supervision, work mechanism, distribution of supervisors in mining areas, action models, is a problem that has never been well formulated to date. Then related to the large number of mining companies that have not provided reclamation and post-mining guarantee funds, it is known as a result of the regulation regarding withdrawal of post-mining Reclamation funds not clearly regulated in mining law in Indonesia.
Deradicalization of Terrorism with a Progressive Humanist Approach Muchamad Maskyur Alkhuseri; Suteki Suteki
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3444

Abstract

Terrorism is an issue that has always been a concern of the international world. Because, no country in the world can be free from the threat of terror. To prevent and eradicate terrorism, de-radicalization is carried out. Implementation of de-radicalization can take the form of efforts to identify, rehabilitate, re-educate, and re-socialize for individuals or groups of people who are affected by radical beliefs by promoting the principles of empowerment, human rights, rule of law and equality. The writing of this research uses a qualitative conceptual approach. De-radicalization approach can be done more humanist to avoid the wide effect and could right on the target with the involvement of former terrorism to approach over the other former terrorists or terrorists to get their awareness back. De-radicalization using this method is more effective because former terrorists are more acceptable rather than other people.
Indev Model sebagai Pilihan Diversi Terhadap Anak yang Berhadapan dengan Hukum Nurul Huda
Wacana Hukum Vol 25 No 2 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2019.25.2.3491

Abstract

Diversion is the transfer of the settlement of a Children's case from the criminal justice process to the process outside of criminal justice. The provision of diversion in the Law on the Juvenile Justice System, can only be applied to criminal offenses under sentence of imprisonment under 7 (seven) years in prison. The diversion model, based on the Juvenile Justice System Law, does not protect children if there are cases of sexual violence with child offenders and child victims. Based on research, the police with discretionary authority can apply the Indev Model. If applying the Indev Model, the parties forget the legal framework, and assume that a case is an interpersonal conflict, not a legal conflict. So that efforts to protect child offenders and victims of sexual violence can be realized through the Indev Model.
Social Control Movement as a Corruption Eradication Instrument in Indonesia Satria Unggul Wicaksana Prakasa
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3548

Abstract

Corruption in Indonesia is an endemic problem. It has been hampering the development, disconnecting hopes of fulfilling the fundamental constitutional rights of citizens, creating a repressive government, and harming the country's finances and economy. This research tries to find the right movement pattern of social control, such as whether in efforts to prevent and eradicate corruption in Indonesia. The conclusion from this legal research is that the movement of social control as an instrument to eradicate corruption in Indonesia has been described both in the aspect of Judicial review, Class Action and Citizen Law Suit (CLS), Court Monitoring, and the Whistleblower System (WbS), as well as non-legal movements (public hearing & advocacy, mass actions) that are not facultative, meaning that all efforts can be undertaken by civil society by being bridged by NGOs and the campus in the corruption eradication agenda in Indonesia Going forward, the challenge of eradicating corruption in Indonesia is increasingly tricky and steep, it requires commitment from all parties to strengthen commitments to eradicate corruption, create integrity zones, and more importantly enhance the KPK as an independent anti-corruption institution, as mandated by UNCAC to maintain the independence of anti-corruption in Indonesia.Keywords:Social-Control Movement, Law Enforcement, Anti-Corruption 
Role Of Prosecutor's Laws in Submission of Civil Services Against Submission of Civil Services in Completion of Stories Dian Wahyuni; Ismansyah Ismansyah; Yussy Adelina Mannas
Wacana Hukum Vol 26 No 2 (2020): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.2.3583

Abstract

Corruption or commonly referred to as "white collar crime" is a crime that can affect a country's economy. The perpetrators of corruption crimes are usually people who have power. With his authority,the perpetrators of corruption act arbitrarily, causing losses to the Indonesian state. Marwan Effendy stated that "Corruption by various groups is now seen as an extraordinary crime (extrardinary crime), therefore the response can no longer be pursued only by conventional means, but requires extraordinary handling. Corruption starts from the investigation process, prosecution until the court requires high costs, often these costs are not proportional to the value of losses incurred due to corruption. Corruption is an organized crime, this is not possible by a single perpetrator of corruption.