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<![CDATA[PERLINDUNGAN HUKUM SAKSI DAN KORBAN DALAM PROSES PERKARA PIDANA DI PENGADILAN ]]>
<![CDATA[Heru Purwadi Hardijanto]]>
<![CDATA[ Wacana Hukum Vol 11 No 1 (2012): Wacana Hukum ]]>
Publisher : <![CDATA[Universitas Slamet Riyadi ]]>
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DOI: 10.33061/1.jwh.2012.11.1.733
<![CDATA[Abstract:Law formulation of protection eyewitness is law phenomenon crime system in theIndonesia as crime system of judicature, where as law straightening of alwayscorrelation by law enforcer. Law straightening in eyewitness protection has been foundthat often witnesses do not get protection law and even become accused. As that way informulation wisdom punish about eyewitness protection and it needed in future withlaw balance such as KUHP, it form in unity law system, so easy to do law. Law ofprotection of eyewitness and victim and is new masterpiece of nation in the Indonesiawhich inspiring a law aspiration protecting the whole Indonesian nation especiallyeyewitness rights and victim in course of criminal justice. So that thereby punishprotection of victim and eyewitness represent guidance in conducting criminal lawformulation in one standard law system that is in a formulation punish Indonesia crimesystem of judicature.Key words: protection punish victim and eyewitness, process criminal justice.]]>
<![CDATA[English English ]]>
<![CDATA[Lembang, Alviona Anggita Rante]]>;
<![CDATA[Nababan, Natanael Andra Jaya]]>;
<![CDATA[Latifiani, Dian]]>
<![CDATA[ Wacana Hukum Vol 28 No 1 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v28i2.7705
<![CDATA[The absolute authority of the Religious Courts can be seen from Law Number 7 of 1989 in conjunction with Law Number 3 of 2006 concerning Religious Courts. Meanwhile, the District Court has the authority to examine, hear, and decide criminal and civil cases at the first level. Both the Religious Courts and the District Courts are authorized to settle inheritance disputes. Law No. 3 of 2006 concerning the Religious Courts states that for Muslims, the institution to settle inheritance cases is the Religious Courts. Meanwhile, non-Muslims can apply for dispute resolution to the District Court. However, the absolute authority of the Religious Courts still gives Muslim people a choice of law to choose what law to use in resolving inheritance disputes occurred which gives the potential to cause a conflict of authority between the two judicial institutions. Therefore, this conlifct must be resolved in order to create legal certainty]]>
<![CDATA[INTERNATIONAL LAW REVIEW ON THE EXPLOITATION AND NEGLECT OF INDONESIAN WORKERS IN MALAYSIA ]]>
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Farman, Logi]]>;
<![CDATA[Jayapraja, Labib Dianatadilaga]]>;
<![CDATA[Taufik, Muhammad Sulthan Faqih]]>;
<![CDATA[Irrynta , Dwilani]]>
<![CDATA[ Wacana Hukum Vol 28 No 1 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v28i2.8022
<![CDATA[With the increasing number of Indonesian workers in Malaysia, theproblems related to the supervision and protection of workers inare also more and greater in accordance to the international legalnorm. Malaysia has identified to commit human rights violations ingeneral and labor rights, in particular exploitation and neglect ofworkers, which contradicts the Memorandum of Understanding(MoU) between Indonesia and Malaysia along with the InternationalLabor Organization (ILO) Conventions. In the case of a worker withthe initial YT(60), his employer was identified as not providingwages for 7.5 years and it was faund in 2022. The research usednormative legal methods. The source and data used in this study aresecondary sources in the form of legal materials. The result showedthat the applicable MoU between the two countries is adequate, yetMalaysia was identified to violate some provisions in the MoU itself.Therefore, there is an urgency for the two countries to reinforcelaws regarding such issues, including a more detailed agreementregarding the placement and all rights of migrant workers regulatedby the national law of the receiving country, namely Malaysia]]>
<![CDATA[Pengaturan Santunan Asuransi Kecelakaan Penumpang dan Driver Go-Ride yang Diberikan Oleh PT Gojek ]]>
<![CDATA[Bhakti, Guntur Satrio]]>;
<![CDATA[Widiastuti, Widiastuti]]>;
<![CDATA[Setiodjati, Josef Purwadi]]>
<![CDATA[ Wacana Hukum Vol 28 No 1 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v28i2.8111
<![CDATA[Indonesia is now entering the digital era and is developing not only in information technology but also in the field of transportation. People can now order motorcycle public transport (Go- Ride) only through the application. Go-Ride is one of the services provided by Gojek, whose mission is to carry passengers. High interest in the use of Go-Ride can cause traffic accidents. The purpose of this investigation is to find laws and regulations regarding insurance for public transport passengers and to determine regulations regarding the fulfillment of insurance claims due to accidents between passengers and Go-Ride drivers. The type of study used by the author is normative study. The nature of this study is descriptive and analytical. The data sources used in this study are primary and secondary data sources. In the data analysis method of this study, the author uses qualitative data analysis using an interactive model. The results of this study explain the regulations that Gojek used as a reference for implementing insurance. The regulation in question is Road Traffic and Transportation Law No. 22 of 2009, which requires all carriers to be held responsible in the event of a passenger accident, with Go-Ride passengers and drivers in an accident. Explains the mechanism of providing insurance coverage in the event of an accident. There are two types of highways and passenger insurance is Basic penumpang Go¬-Ride dan Perjalanan Aman+.]]>
<![CDATA[Faktor Yang Menyebabkan Terdakwa Melakukan Kekerasan Seksual ]]>
<![CDATA[Budihastuti, Shinta Rukmi]]>;
<![CDATA[Aryani, Esti]]>
<![CDATA[ Wacana Hukum Vol 28 No 1 (2022): Agustus 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v28i2.8112
<![CDATA[The creation of legal protection for children's rights is one of the main objectives to protect Indonesian children as fully as possible. The Pancasila and the 1945 Constitution of the Republic of Indonesia are the main guidelines as the legal basis for child protection so that all children's rights can be fulfilled and efforts to protect them can run in an orderly, orderly and responsible manner. It has been explained about the definition of a child based on Article 1 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, which states that children are those who are not yet 18 (eighteen) years old, including children who still in the womb. The purpose of this study was to determine the factors that caused the defendant to commit sexual violence against the victim in the decision number 103/Pid.Sus/PN.Sgn. The type of research used in this research is normative legal research. The data analysis used in this research are: qualitative normative data analysis. Based on the results of the research that has been carried out, it is concluded that: The factors that caused the defendant to commit sexual violence against the victim in the decision Number 103/Pid.Sus/2019/PN.Sgn were changes in the cultural social system, which began to lead to advances in technology and information along with various impacts. The negative is very clear in this case. The defendant was introduced to the victim through social media such as Facebook. This type of social media is very vulnerable to being a place for child predators to find or get acquainted with potential prey. The defendant did the same to the victim in this case.]]>
<![CDATA[Usulan Perubahan Terbatas Undang-Undang Dasar Republik Indonesia Tahun 1945 Mengenai Perencanaan Pembangunan Nasional Model Garis-Garis Besar Haluan Negara ]]>
<![CDATA[Putri, Prima Widya]]>;
<![CDATA[Walintukan, Maria Fransiska]]>
<![CDATA[ Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v29i1.3443
<![CDATA[The emergence of the State Policy Guidelines (GBHN) discourse has been revived all this time because of the disappointment of many parties related to the development process whose outputs and outcomes are not in line with expectations and are not coherent. The development process is seen as being overemphasized on the limited perspective of the President or Regional Head elected, resulting in development disparities that are still far from expectations. Therefore, there is a thought to propose a limited amendment to the 1945 Constitution of the Republic of Indonesia concerning the GBHN model of national development planning. The things that will be explained are the Legal Products of the National Development Planning of the GBHN model, the Process of Forming the National Development Planning of the GBHN model, the Legal Implications of the National Development Planning of the GBHN model, Recommendations for the National Development Planning Content of the GBHN model. This type of research conducted is normative legal research, or often known as the normative juridical approach. In the fifth amendment to the 1945 Constitution the position of the MPR would still be a high state institution but the granting of authority to the MPR in determining the GBHN was a form of mechanical check and balance in the administration of state life.]]>
<![CDATA[Tanggung Jawab Maskapai Penerbangan Perintis terhadap Kerugian atas Musnahnya Kargo Akibat Kecelakaan ]]>
<![CDATA[Ayuningtyas, Celfilia Devi]]>
<![CDATA[ Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v29i1.8377
<![CDATA[The presence of innovative cargo air transportation plays a significant role in meeting the transportation needs of individuals residing in remote and underdeveloped regions, commonly referred to as 3T areas, in Indonesia. The primary objective of pioneering air transport is to mitigate the adverse effects of price disparities on the residents of the 3T region. Nevertheless, the implementation of pioneering cargo air transport has faced numerous challenges in reality, leading to a higher incidence of aviation accidents compared to commercial flights. This study aims to investigate the legal status of pioneering cargo air transport in Indonesia and subsequently ascertain the liability of pioneer airlines in relation to aviation safety and the financial consequences resulting from cargo destruction in the event of an accident. The research employed a normative juridical approach, which involved an examination of concepts and relevant regulations. The findings of the study suggest that pioneering cargo carriers possess a legal status that extends beyond their role as mere carriers in cargo transport agreements. They also maintain a legal connection with the government through contractual arrangements, which are integral to the execution of public services. Pioneer airlines, in collaboration with local governments, airport authorities, and relevant stakeholders, bear the responsibility of ensuring flight safety as a proactive measure to prevent accidents. In the event of an accident resulting in the destruction of the cargo, it is the responsibility of the airline to provide compensation to the sender. This compensation should be commensurate with the damages incurred and should adhere to the regulations governing air transportation.]]>
<![CDATA[MENELISIK IMPLIKASI HUKUM: ANALISIS KEPEMILIKAN HAK ATAS KEKAYAAN INTELEKTUAL PADA PLATFORM CRYPTOKITTIES ]]>
<![CDATA[Maulana, Muhammad Asrul]]>;
<![CDATA[Santosa, Shilla Hasmara]]>
<![CDATA[ Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v29i1.9153
<![CDATA[This research analyzes the legal implications related to the ownership of intellectual property rights on the CryptoKitties platform. CryptoKitties is a blockchain-based gaming platform that allows users to buy, own, and trade unique virtual cats. These cats are represented by digital assets called non-fungible tokens (NFTs), which grant exclusive ownership to their owners. This research uses a normative method with a statutory approach. Accordingly, the user acknowledges and agree that Dapper (or, as applicable, the licensor) has all legal rights, ownership, and interests in and to all other elements of the application, and all intellectual property rights therein, but the ownership of non-fungible token (NFT) intellectual property is fully owned by the user. And Dapper grants exclusive rights to the user over the digital assets representing unique virtual cats.]]>
<![CDATA[TINJAUAN YURIDIS KEWENANGAN PENGADILAN NIAGA DALAM MENGADILI PERKARA KEPAILITAN YANG DIDALAMNYA TERDAPAT KLAUSULA ARBITRASE ]]>
<![CDATA[Cahyani, Metya Mutiara]]>;
<![CDATA[Yunani, Ailly Latiefah]]>
<![CDATA[ Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v29i1.9232
<![CDATA[Social conflicts are common. Every aspect of life—business, family, politics, and the economy—can have issues. Conflicts, disagreements, and fear of damage often trigger these issues. Current dispute settlement solutions go beyond court. The parties can agree on a dispute resolution. All disputes can be settled outside of court. Arbitration resolves disputes. Arbitration is a technique to resolve a civil dispute outside of court based on a written arbitration agreement (Article 1 point 1 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution). This paper examines the Commercial Court's jurisdiction in bankruptcy cases with an arbitration provision. This solution applies legal norms to the situation. General legal and statutory theories are analyzed descriptively. According to the research, the Commercial Court's authority extends beyond bankruptcy cases and postponement of debt obligations and payments (PKPU). Article 303 of the KPKPU Law confirms that the court can examine and resolve parties' bankruptcy statements even if their debt agreement contains an arbitration clause. The arbitration provision does not preclude bankruptcy legislation. If Article 2 paragraph (1) jo. Article 8 paragraph (4) of the KPKPU Law is met, a bankruptcy application can be submitted.]]>
<![CDATA[PERBANDINGAN SISTEM PEMERINTAHAN DI KOREA SELATAN, FILIPINA DAN INDONESIA DALAM PENERAPAN SISTEM PRESIDENSIAL ]]>
<![CDATA[Rachmanto, Arif]]>
<![CDATA[ Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Slamet Riyadi ]]>
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DOI: 10.33061/wh.v29i1.9242
<![CDATA[The system of government will be reflected in the state constitution, Indonesian constitution is reflected in the UUD 1945. Although it does not explicitly mention, the constitution clearly shows the characteristics of the presidential system adopted by Indonesia. Some Asian countries also implement presidential systems of government such as in South Korea and Philippines. With different culture, will be different in the implementation of the presidential system of government, especially in terms of presidential elections, presidential accountability and the process of dismissing the president (impeachment). In the case of presidential elections, all are equally elected by the people, but only in Indonesia after the presidential term can still be re-elected. the president is accountable to the people of the state, except in South Korea, in addition to being responsible to the peopleof the state as well as to parliament because South Korea is a hybrid system in its system of government. In the process of dismissal of the president (impeachment) all countries involve legislative power except in Indonesia in addition to involving legislative and judicial power organized by the Constitutional Court.]]>
