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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
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.
HUKUM DAN ILMU HUKUM DALAM PERSPEKTIF FILSAFAT ILMU Supriyanta -
Wacana Hukum Vol 10 No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2011.10.2.251

Abstract

AbstractThe philosophy of science divides a study into two point of views, those are; positivistic which creates empiric study, and normative which creates normative study. The law study has both of those characteristics; in one hand, it has the real characteristics as a normative study; in the other hand, it has empiric characteristics which, later on, become the object study of sociological jurisprudence and socio legal jurisprudence. Therefore, if it is observed from this point of view, it can be concluded that the normative law study has a particular method of study, while empiric law study can be researched by qualitative or quantitative research methodology towards the characteristics of the data. Keywords: the philosophy of science, sociological  jurisprudence, socio legal jurisprudence
PERLINDUNGAN KORBAN (SAKSI) SEBAGAI SARANA MENUJU PROSES PERADILAN PIDANA YANG JUJUR DAN ADIL Tri Wahyu Widiastuti
Wacana Hukum Vol 10 No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2011.10.2.252

Abstract

AbstractIn the criminal justice system, victim (witness) hold important role in order to opened materiil trully. So in the Article 184 section 1 KUHAP, witness explain exist in the first above expert explain, letter, guidence and offender explain as evidence tool. When witness will give explain, they have to independent from fear befor, present and after given witness. This guaranty is important for knowing that witness explain is true and not engineering or emphazing from other subject. Key words: victim protection (witness), fairness criminal justice process.
PENEGAKAN HUKUM LINGKUNGAN DI INDONESIA Santoso Budi Nurs-Al Umar
Wacana Hukum Vol 10 No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2011.10.2.253

Abstract

AbstractsEnforcement of Environmental Law in Indonesia is still very poor although some times the legal framework related to environmental management are experiencing recent changes made ​​Act number 32 of 2009 on the Protection and Environmental Management. Environmental law enforcement problems occurred in addition to human resource issues are also global environmental problem that is both attractive differing interests between developed and developing countries, because environmental issues are not only related to criminal cases but also civil law. Perhaps the administrative problems to environmental problems must be resolved in a comprehensive and integral. Key words  :Enforcement of Environmental Law, the legal aspects related
PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL BERDASARKAN UU NOMOR 2 TAHUN 2004 Dahlia & Agatha Jumiati
Wacana Hukum Vol 10 No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2011.10.2.254

Abstract

AbstractIndustrial dispute solving that managed in UU No. 2 Tahun 2004 can be solved by bipartite negotiation, conciliation, arbitartion, mediation, and industrial dispute court. Principe of this mattter is to prior bipartite negotiation as the first step before go to other way. As it managed in UU No. 2 Tahun 2004 it suppose to be everyone that related can solve fast, fair, and cheaply. Key words: industrial relation, industrial dispute, and industrial dispute solving.
HAK NAFKAH ANAK AKIBAT PERCERAIAN Nur Cholifah & Bambang Ali Kusumo
Wacana Hukum Vol 10 No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2011.10.2.255

Abstract

AbstractProvision of living child after the divorce is the duty of parents, especially fathers, In prctice the father of the obligations does not conform to the religious court’s decition. Given this, the parties raising and educating children should be proactively reminded to fulfill its obligations and the religious must be proactive to oversee the execution of its decition. Key words: a living child,  religious court decition.
KERANCUAN PENATAAN HAM DALAM SISTEM HUKUM NASIONAL INDONESIA Supriyanto -
Wacana Hukum Vol 10 No 2 (2011): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2011.10.2.256

Abstract

AbstractDespite the attention of human rights has existed since long, but the struggle to get legal protection in state constitution looks after the birth of Magna Charta in England in 1215 which is followed by Declaration of Independence in the United States of America in 1776 and Declaration des droits de “I” home et du citoyen in France in 1780. In Indonesia this right has received legal protection in 1945 Constitution, RIS Constitution, or Temporary Constitution, and become much stronger after the birth of MPR Decree Number XVII year 1998 which is followed by Act Number 39 year 1999 on Human Rights, Act Number 26 year 2000 on Human Rights Court which is followed by Amendment of 1945 Constitution which govern specifically Human Rights Chapter in chapter X A which consist of 10 articles. Even though human rights in Indonesia have evolved considerably, but when we look further there is still many weaknesses which contradict one and another. For example: Article 281 Amendment of 1945 Constitution and Article 4 Act of Human Rights which adheres the principle of non retroactive absolutely with Article 43:1 Act of Human Rights Court and Explanation of Article 4 Human Rights Act which adheres the principle of retroactive for gross violation of human rights. Contradiction is also occurs in Article 4 Human Rights Act body and its explanation. Keywords: human rights.