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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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JURIDICAL REVIEW OF CRIMINAL ACTS INTERNET BASED SCAM (Studi Kasus Putusan PN Surabaya Nomor.1791/Pid.Sus/2019/PN.Sby) Devita Dyah Al Fanni; Shinta Rukmi Budiastuti; Esti Aryani
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5149

Abstract

Crime in cyberspace knows no boundaries and time so that the handling is different from ordinary conventional crimes one Cybercrime crime is carding crime. This crime canbe calledalso as a credit cardwiretap which is classified as a moderncrime. This study aims to examine the form of accountabilityinternet-based fraud perpetratorsin the decision Number Judges'Considerations in make a verdict on the internet-based fraudcrime Decision Number 1791/2019 / Pid.sus / PN.Sby.his study uses the data analysis method used in this study is a normative qualitative analysis method. The data collection method uses the library research method. This method used to collect secondary data, several instrumentsthe collection used is literature study.based fraud in verdicts Number.1791 / 2019 / Pid.sus / PN.Sby.supporting factors in enforcementcarding crime, namely witness statements, expert statements, evidence. The defendant was charged under Article 30 paragraph (2) in conjunction with Article 46 paragraph (2) RI Law No. 19 of 2016 concerning amendments to Law of the Republic of Indonesia No. 11 of 2008 regarding Information and Electronic Transactions, Article 30 paragraph (2) in conjunction with Article 46 paragraph (2) RI Law No. 19 of 2016 concerning amendments to Law of the Republic of Indonesia No. 11 of 2008 regarding Information and Electronic Transactions in conjunction with Article 56 paragraph (2)ofthe Criminal Code and Law Number 8 of 1981. Judges' Legal Considerations in applying criminalprovisions against the criminal perpetrator in the case of decision Number.1791/2019 / Pid.sus / PN.Sby, The defendant was sentenced by the Panel of Judges respectively for the Defendant 1 5 (five) months and 15 (fifteen) days and a fine of Rp.3,000,000 (three million rupiah) and for Defendant II for 6 (six) months and 15 (sixteen) days and a fine of IDR 3,000,000 (three million rupiah). Because it has been legally proven to have committed a carding crime as regulated in the Law on Information and Electronic Transactions.
CRIMINAL OFFENCE EXPLOITATION OF CHILDREN ECONOMICALLY AND SEXUALLY (Case Study Rule Number 86/Pid.Sus/2018/PN Pwt) Mey Sylvia Loren; Shinta Rukmi Budiastuti; Endang Yuliana Susilowati
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5185

Abstract

Humans, by nature, need protectin, even children. Society has an important place in the protection of children because of the increasing number of crimes that make children victims. One is the economic and sexual exploitation of children.The study is to review the judge's judgment of sentencing the childern  abuser to rule number 86/ pid. Sus /2018/ pn PWT.The study used a qualitative juridical analysis method. By data collection using literature related to research topics mainly secondary data supported from veridict, some books and regulations of legislation.The results of this study are the judicial judges' judgment of childern exploitation having already met elements that have established laws, evidence and exhibits but there is one element that does not fit the judge's theoretical faulty ruling. Yet, there is theoretically a flaw, which in the exercise of child abuse is a common misfit because a person is an instrument for a child doing a 15 - year - old sex work is sensible enough to understand consciously what the consequences are of his current and responsible work. The prosecution's low suit of punishment might influence the judge's ruling. The judge could prosecute higher and prosecution.
IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST COMPANIES THAT DO NOT PAY BPJS EMPLOYMENT DUES (Study : Putusan Pengadilan Negeri Sumedang Number 109/Pid.Sus/2017/PN.Smd) Isnaini Apri Dawati; Lusia Indrastuti; Endang Yuliana Susilowati
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5205

Abstract

This research aims to open wide to the public, especially the workforce about the implementation of laws related to employment and provide examples in relation to the implementation of labor protections whose rights have been lost, so that in the future workers who experience similar things can act to fight for their rights and for companies, this can be a reminder to always carry out their obligations. The method of writing in this study uses normative juridical, by producing findings that violations of the law related to employment often occur such as workers who cannot claim the employment social security program as labor rights as a result of the company's negligence, namely the non-payment of dues by the company to BPJS Employment, enforcement related to it has been done even though the inplementation of the criminal sanctions is still relatively few but there has been progress reflected in the use of the article to ensnare one of the companies that collect but do not deposit dues in the Sumedang State Court in Decision No. 109 / Pid.Sus / 2017 / Pn.Smd, so this becomes an example that labor is very guaranteed by the state.
THE IMPLEMENTATION OF FREE LEGAL AID (PRO BONO) AS ACCESS TO JUSTICE IN CRIMINAL CASES IS REVIEWED BASED ON LAW NUMBER 16 YEAR 2011 ON LEGAL AID (Study at LBH Solo Raya Office) Andi Muhammad Santoso; Supriyanta Supriyanta; Esti Aryani
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5343

Abstract

Indonesia is a country based on law (rechtsstaat), and is not based on mere power (machtsstaat) where guaranteeing respect for the right to justice and equality before the law is an obligation of the state. However, in practice, access to justice and equality in the face of the law is not evenly distributed to all groups, especially for the poor or poor. Often, when dealing with the law, the rights of suspects / defenders are not able to be fulfilled properly, especially the right to obtain free legal assistance (pro bono). Based on this, Law No. 16 of 2011 on Legal Aid was born to guarantee the exercise of the right to legal aid and is arranged in an orderly order so that it is expected to realize justice and equality of standing before the law for the poor.
LAW ENFORCEMENT ON CAMPAIGN ACTIVITIES IN PLACES OF WORSHIP CASE STUDY OF DECISION NUMBER 56/PID.SUS/2019/PN SKH Filadelfia Langit Ayu Sukmadila; Lusia Indrastuti; Esti Aryani
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5353

Abstract

This study aims to find out the basis of Law Enforcement on campaign activities in places of worship that focuses on the Sukoharjo District Court Decision Number 56/Pid.Sus/2019/PN Skh, a case related to this research regarding campaign activities in places of worship.One of the characteristics of a democratic country is the existence of people's sovereignty within the country, and Indonesia is a country that adheres to the Pancasila Democracy system, as evidenced by the holding of General Elections, hereinafter referred to as General Elections. The implementation of elections is regulated in Law No. 7 of 2017 concerning General Elections, which also regulates election crimes, the legal basis is formed and enforced to maintain the dignity of democracy that applies in Indonesia.This research method in writing this thesis uses a normative type of research, which is carried out by reviewing secondary data, which includes primary legal materials, secondary legal materials, and tertiary legal materials. The nature of the research is descriptive, which is to describe the basis of the prosecutor's considerations in giving demands and the judge's considerations in making decisions as well. The duty of a Prosecutor as a Public Prosecutor is to prove his indictment. Where the decisions and demands of judges and prosecutors must uphold the value of justice, and not forget the value of humanity. As well as the judge's consideration in deciding this case, seeing from the indictment that the indictment was prepared on a subsidiary basis, it became the authority of the Panel of Judges to prove the indictment of Article 521 Jo. Article 280 paragraph (1) letter h of Law No. 7 of 2017 concerning General Elections.also pay attention to non-juridical elements.
THE ROLE OF CERTIFICATES AS EVIDENCE OF LAND RIGHTS TOWARDS THE ERA OF REVOLUTION 4.0 Maiyestati Maiyestati
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5790

Abstract

Considering the very importance of the use of land for people or business entities that demand legal certainty over the land, the formulation of the problem in this study is stated: how is the role of certificates as evidence of land rights in the era of revolution 4.0?. The type of research used to solve the problem in this study was juridical-normative, with qualitative analysis. The role of certificates as an evidence of land rights in the 4.0 revolution era in Indonesia is only a strong sign and is not an absolute evidence, with a negative system that contains positive elements. A certificate that has been legally issued in the name of a person or legal entity of another party who admit for the right may file a written objection to the certificate holder and to the Land Office.
INHERITANCE CONFLICT IN ISLAMIC LAW Doris Rahmat; Santoso Budi NU
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5810

Abstract

Conflicts between heirs also often occur because of the natural attitude of humans who do not want to give in and want to win themselves, in order to get the largest share of the inheritance among other families. Problem Formulation How is inheritance conflict in Islamic law The purpose of this research is to find out inheritance conflict in Islamic law.The method used in this study is a sociological juridical approach, namely an approach to the problem through legal research by looking at the legal reality in practice, then connecting it with the facts that exist from the problem to be examined.The problem of the distribution of inheritance has become a phenomenon that often occurs in society from the past until now. Because the distribution of inheritance is very sensitive. Often a conflict in the midst of the family. However, people who are Muslim apply to the Islamic Inheritance Law, the point is that inheritance issues can trigger the rift in family relationships. This happens if the distribution of the inheritance is not in accordance with the rules and signs that have been set by Allah in the Qur'an
ONLINE DISPUTE RESOLUTION (ODR) AS AN ALTERNATIVE FOR ELECTRONIC TRANSACTION DISPUTE SETTLEMENT Soesi Idayanti; Toni Haryadi; Evi Indriasari
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5882

Abstract

The development of communication and information technology has an impact on all aspects of human life. Technology has changed the business world from traditional trading patterns to a more modern trading system, namely an online trading system known as electronic commerce (e-commerce). Electronic commerce/electronic-commerce/e-commerce is the distribution, sale, purchase, marketing of goods and services that rely on electronic systems, such as the internet, television, or other computer networks. The agreement is also made online, basically, an online sale and purchase agreement (e-commerce) is the same as a general sale and purchase agreement, which requires an agreement between the seller and the buyer regarding the goods or services being traded and the price for the goods or services. Alternative Dispute Resolution (ADR) is dispute resolution out of court. that the parties to the dispute by mutual agreement are free to choose the forms and procedures contained in the alternative dispute resolution and will be applied in dispute resolution. Agreements made online are expected to be completed online as well. For this reason, alternative dispute resolution is sought which is expected to facilitate the dispute resolution process with online transactions. One of the breakthroughs is by using an online arbitration model known as Online Dispute Resolution (ODR) so that the disputing parties can settle wherever they are.The method used is through normative legal research, which is a scientific research procedure to find the truth based on scientific logic from the normative side, carried out to produce arguments, theories, or new concepts as prescriptions in solving problems at hand. The nature of this research is descriptive-analytical. In the future, this discussion will open a new way to facilitate the Indonesian people, especially those seeking legal certainty, in resolving disputes using ODR
VILLAGE GOVERNMENT POLICIES IN MANAGING CASE OF EARLY MARRIAGE IN PANDEMIC TIMES Siti Atika Rahmi; Rohana Rohana; Selva Selva
Wacana Hukum Vol 27 No 2 (2021): WACANA HUKUM
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2021.27.2.5887

Abstract

During the COVID-19 pandemic, cases of early marriage continued to increase. Therefore this research was conducted to find out how the policies that will be carried out by the Lepak village government in tackling the case of early marriage. The data sources used in this research are primary data in the form of interviews, field observations and documentation. From the results of interviews and observations made, is shows that the policies that have been carried out by the Lepak Village government in dealing with cases of early marriage during the pandemic covid-19 are in the form of routine socialization and counseling about the impacts that will occur have been agreed upon by the family and village officials.
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.

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