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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 307 Documents
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Legal Exception in The Practice Of Detentioning Criminal Action for Violence on Children Herri Hendra; Ismansyah Ismansyah; Aria Zurnetti
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.2020.26.2.3584

Abstract

The issue of certainty because it is always associated with the law, provides the consequence that legal certainty here always questions the legal relationship between citizens and the state. As a value, legal certainty is not merely always related to the state, because the essence of legal certainty is a matter of protection from the arbitrary actions of the authorities. The existence of legal certainty is a hope for justice seekers of the arbitrary actions of law enforcement officers who sometimes are always arrogant in carrying out their duties as law enforcers. Because with the existence of legal certainty the public will know the clarity of their rights and obligations according to law. Without legal certainty, people will not know what to do, do not know what is right or wrong, are prohibited or not prohibited by law. This legal certainty can be realized through a good and clear naming in an Act and the application will also be clear
Strengthening the Role of the Social Development Center for Child in the Case of Sexual Crime Against Street Children Wahyu Beny Mukti Setiyawan; Fitriya Dessi Wulandari; Widiatama Widiatama
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.2020.26.1.3628

Abstract

Being a civilized nation is one of the values enshrined in the Pancasila and the Preamble of the 1945 Constitution of the Republic of Indonesia. However, today the Indonesian nation can be said to be experiencing a crisis of morality. It is proven by the rise of cases of sexual crimes that occur in the community. The irony is that the victims of sexual crimes are children. The average victims of sexual crimes are street children. In fact, almost all female street children have experienced sexual harassment and rape. The state through the Ministry of Social Affairs has subsequently formed a social institution that specifically copes the problems of street children. This institution is the Social Development Center for Child (SDC). The Social Development Center for Child (SDC) has a role in handling cases of street children. As according to the Government Regulation Number 2 of 2002 concerning Procedures for the Protection of Victims and Witnesses in Serious Human Rights Violations, victims are "individuals or groups of people who have suffered as a result of severe human rights violations that require physical and mental protection from threats, harassment, terror and violence from any party.
Penal Mediation as an Alternative Dispute Resolution for Indonesian Criminal Code Ratri Novita Erdianti; Wasis Suprayitno; Sholahuddin Al-Fatih
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.2020.26.1.3629

Abstract

A high level of criminality has caused several issues in upholding the criminal code. The issues include things that are related to the effective ways to tackle criminality, criminal cases accumulation, and over-capacity issue. These issues need a proper handle immediately. One of the resolution mechanisms of criminal cases is by using the restorative justice approach, namely penal mediation. This research is to analyze the penal mediation construction in Indonesia and its role as an attempt of criminal case policy as the update of Indonesian criminal law This research conducted a normative juridical analysis of a variety of legislation and crime prevention theories. Penal mediation is an alternative dispute resolution  (ADR) outside the court which commonly applies to civil cases. Unlike the juvenile criminal justice system, the positive criminal law in Indonesia cannot resolve the criminal cases outside the court; nevertheless, certain cases make it possible to have it settled outside the court. Apart from that, as a discrete, Indonesian law enforcement also settles some criminal cases outside the court. For civil cases, the mediation usually in the case relate to finance issue, as for criminal case, it is more on freedom and life of an individual. Mediation for civil cases is usually directly among parties of the dispute, or the second party of interest. As for criminal cases, the parties are more complexs which include the actors, victims, but also the prosecutor and public.
Legal of Permission Folk Mining in Indonesia Derita Prapti Rahayu; Faisal Faisal
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.2020.26.1.3630

Abstract

Juridically the people's mining is recognized in the law. This paper will discuss  the regulation of people's mining permits in Indonesia that permision on folk mining regulated on the act number 04 year 2009 about coal mineral. The criteria and nature of community mining are the mining business activities of the local people, carried out simply and in a small way, not using sophisticated equipment, the production is sufficient for the daily needs of the miners, the extent is very limited. IPR is given for a maximum period of 5 (five) years and can be extended. Regents / mayors give IPR especially to local residents, both individuals and community groups and / or cooperatives, (2) Regents / mayors can delegate the authority to administer IPR as referred to in paragraph (1) to the camat in accordance with the provisions of the legislation, (( 3) To obtain an IPR as referred to in paragraph (1), the applicant must submit a request letter to the regent / mayor.
Health Services in Hospitals in Utilizing Health Law Expert Yusriando Yusriando
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.2020.26.1.3644

Abstract

The research objective is to understand and analyze health services in hospitals in utilizing health legal experts. The research paradigm used is the constructive paradigm. Research Specifications, which are used are Analytical descriptive categories. The research approach method used is socio legal research. The types of data needed in this study include primary and secondary data. Data Collection Techniques with Literature Study, Observation, and Interview. Data Analysis in this research is a qualitative descriptive analysis with inductive methods. The results showed that the utilization of health legal experts in health services in hospitals today is very far from the expectations known from the many who still do not understand what health lawyers are and what are the benefits for hospitals. Problems with the lack of use of health legal experts at the hospital at this time are very numerous, such as the socialization of laws and regulations in the health sector that is not running optimally, the number of patient complaints about health services, malpractice cases occur everywhere and feelings of discrimination in the profession that occur due to the birth of legislation in the health sector was not resolved properly and correctly. The use of health legal experts in health services in hospitals must reflect a sense of justice for all health workers based on Pancasila and the 1945 Constitution and special health law fields must be present in all hospitals and make health legal experts included in the health workforce group so that strength and Health legal authority is increasing so as to minimize the cases of malpractice that often occur lately. The use of health legal experts in health services in a hospital based on justice is the use of health legal experts in hospitals to prevent malpractice and create a balanced sense of justice between patients, the interests of health workers and the interests of hospitals.
The Settlement of Match-Fixing Cases in Indonesia Based on Progressive Law Enforcement Robiatul Adawiyah; 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.2020.26.2.3795

Abstract

Fair play in soccer matches is injured by match-fixing case. So far, form of law enforcement in Indonesia is limited to disciplinary law enforcement. Indonesia is again shocked by match-fixing case in League 3 match in Banjarnegara. Therefore settlement of this is very important to be studied with progressive law enforcement approach. There are two questions that can be raised, namely how the settlement of match-fixing cases and how it based on progressive law enforcement. The research method used is normative. The results showed there are 6 cases with 7 perpetrators, namely Case Number 47/Pid.Sus/2019/PN BNR jo. Number 48/Pid.Sus/2019/PN BNR jo. Number 49/Pid.Sus/2019/PN BNR jo. Number 50/Pid.Sus/2019/PN BNR jo. Number 51/Pid.Sus/2019/PN BNR jo. Number 463/Pid.B/2019/PN JKT.SEL. Although law enforcement has shown progressiveness with success that offenders be punished, settlement of the case still far from expectation of progressive law enforcement that able to provide substantive justice and people's happiness.
THE ROLE OF LAW IN THE CONCEPT THEORY OF JUSTICE TO REBUILD NATION’S ECONOMY IMPACT OF COVID-19 OUTBREAK IN INDONESIA Fikriya Afifiana Faizah
Wacana Hukum Vol 27 No 1 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.1.3831

Abstract

The role of law in This study aims to obtain information about the role of law in efforts to develop the country's economy due to the Covid-19 outbreak in Indonesia which is reviewed based on Theory of Justice. The research method used is statute approach, the method of data collection through literature studies and qualitative normative data analysis techniques. The results of the study indicate that Indonesian government has taken extraordinary policies and steps in the context of saving the national economy and financial system stability through various relaxation policies relating to the implementation of the State Budget (APBN), especially by increasing spending on health, spending on social safety net, economic recovery, and strengthen the authority of various institutions in the financial sector. However, an oversight of the implementation of the policy is needed so that it is in accordance with the principles based on the General Principles of Good Governance to create justice for equality before the law.. Keywords: Role of Law, State Economy, Impact of COVID-19 outbreaks
Constitutionality in Draft of Omnibus Law in Pancasila Perspective Lusia Indrastuti
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.2020.26.2.3841

Abstract

President Jokowi, in his second leadership, has two major programs. The first is to maintain Pancasila state and to accelerate national development. His second program concerns simplification of domestic regulation that relates with economy through Omnibus Law as a reaction to global economic power shift.The problem is whether the implementation of the Indonesia state legal system can accept Omnibus Law model or not when it is viewed from constitutional perspective or from legislation hierarchy in Indonesia (taking into account constitutional requirements, meaning that it is not contradictive with the 1945 constitution).            In the preamble of Omnibus Law draft, article 5 and article 20 the 1945 constitution are mentioned.  As formal requirements, both articles provide enough space. It is mentioned in article 5 paragraph 1 that President has the right to propose a law. Furthermore, in article 20 paragraph 2 and 3, it is stated that all bill drafts have to be discussed with House of Representatives, including Omnibus Law. Without mutual consent bill draft cannot be proposed again in the council court in that period. In Indonesia, the technique of legislation drafting is employs the act number 15 year 2019, as the legal basis, that concerns the change over the act number 12 year 2011. Besides that, there is Presidential decree number 87 year 2014 as direct derivative of article 5 paragraph 1, article 20, and article 22 of 1945 constitution. The government does not mention the act number 15 year 2019, act number 12 year 2011 or Presidential decree number 7 year 2014 in the preamble of Omnibus Law proposed. Article 5 and article 20 do not clearly explain the limitation of the kind of act that can be proposed by President. If it is seen through historical aspect of drafting of amendments to the 1945 Constitution, during its session, the People's Consultative Assembly never once discussed the Omnibus Law. Therefore, the spirit of post amendments of article 5 and article 20 the 1945 constitution does not come from the possibility that someday Omnibus Law will be adopted into our acts. The point is drafting bills that is not contradictive with economic and social development goals has to be a priority.
THE LAXITY OF CRIMINAL LAW ENFORCEMENT IN INDONESIA AND EFFORTS TO OVERCOME IT Bambang Ali Kusumo
Wacana Hukum Vol 27 No 1 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v27i1.3843

Abstract

The laxity of criminal law enforcement lied in the surveillance function in criminal justice management system and civil law culture. Effort needed to be done by empowering functions of broader Supreme Court surveillance, not only surveillance that proceeding in the court but also surveillance from all criminal law enforcement process. Beside that for the sake of actualizing justice in the society, civil law culture required to be used broad interpretation and always updated legal reform.
Guidance of Prisoners in Penitentiary Santoso Budi NU; Doris Rahmat
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.2020.26.2.3865

Abstract

The prison system that emphasizes the elements of revenge and detention accompanied by a "prison house" institution is gradually seen as a system and means that are not in line with the concept of rehabilitation and social reintegration, so that prisoners are aware of their mistakes, In the correctional system, prisoners, children Penitentiary students have the right to get spiritual and physical guidance, and their rights are guaranteed to carry out worship, deal with outsiders, both families and other parties, and obtain information both print and electronic media obtain proper education and so on. Formulation of the problem How guidance prisoners. Objective To find out the guiding of prisoners in a penitentiary. The method used in this research is a sociological juridical approach, which is a research approach that looks at and examines the laws and regulations related to the problem and connects the reality that occurs in the field. That the implementation of inmate training is carried out based on a penal system which is a guidance to the prisoners' personalities carried out by a coaching program with forms of guidance in the form of religious education, general education, skills courses, recreation, sports, arts and work training.

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