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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.
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Articles 307 Documents
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The Role of the Financial Services Authority (OJK) in Supervising Illegal Investments in Indonesia Fitriyanti , Fadia; Hanifah, Ekky Wahdatul
Wacana Hukum Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i1.9251

Abstract

The purpose of this research is to deepen the extent to which the Financial Services Authority (OJK) has made laws and regulations to control illegal investments in Indonesia. The Financial Services Authority is an institution that regulates and supervises financial institutions in Indonesia. However, there are still many illegal or illegal investment activities in society. Monitoring and eradicating illegal investments in Indonesia is the responsibility of the Financial Services Authority. The purpose of this study is to determine the role of the Financial Services Authority in eradicating illegal investments in Indonesia. This type of research is a literature study with a qualitative approach because the data produced is in the form of words or descriptions. Sources of data were analyzed using time series data, library data collection methods and reading, recording and processing research materials. The population in this study is the analysis of related journals. The method used in this research is normative legal research.
Eradicating public official corruption Indonesia: a revolutionary paradigm focusing on state financial losses M Zaid; Rabani M Halawa; Kartika Asmanda Putri; Fadhel Arjuna Adinda; Lamberton Cait
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9564

Abstract

This research explores additional ways to eliminate corruption caused by authority abuse that hurts public finances. The present paradigm of corruption eradication in Indonesia still focuses on punishment, disregarding one of the Anti-Corruption Law's goals, state financial loss restitution. This research is normative, statutory, conceptual, and case-based. The results show that the administrative law approach to eradicating criminal acts of corruption due to government official abuse of authority focuses more on returning state losses through initial supervision by internal government agencies, such as the Government Internal Supervisory Apparatus. APIP has direct prosecution and compensation powers. The Supervisory Agency (BPK) finds state financial losses, it is better to take administrative action to recover them by communicating with APIP for time efficiency in eradicating corruption and recovering state losses. Third, sanctions in the authority that results in state financial losses are contained in Article 20 Juncto 21 of Law Number 30 of 2014 concerning governance, which only provides administrative sanctions of dismissal and does not require government officials to return state financial losses.
Indonesia ORIENTASI FILOSOFIS HAKIM DALAM MEMUTUSKAN PERKARA REHABILITASI BAGI PECANDU ATAU PENYALAH GUNA NARKOTIKA BAGI DIRI SENDIRI Teguh Hartono; Vadira Hanami; Fanniya Dyah Prameswari
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article wants to analyze the judge's verdict orientation of the rehabilitation case for addicts or drug abusers. Far from the construction of rehabilitation laws in Indonesia, there is a diffusion of norms between the health and the criminal approach. Legal research with a constitutional and case approach at the state court in Bali and Yogyakarta. A comparative approach of law with other countries. The study suggests that judges are more likely to drop sentences in prison sentences than in rehabilitation, even though the accused meets the criteria of narcotics law and a writ of avoidance of the Supreme Court. The complaint was merely a recommendation that judges were not required to comply with, as was the case in Portugal and Australia. The judge's paradigm of self-initiated drug abuse, like narcotics crimes, is similar in Vietnam. Whereas the philosophical orientation of the judges in deciding the issue of rehabilitation should be based on principles of humanity and justice as governed by the just and civilized precepts of humanity and the precepts of social justice for all peoples of Indonesia. The judge is required to consider the report on the results of the conviction of both criminal and criminal action to the perpetrator of criminal narcotics. Also, future prescriptions for self-initiated drug abuse recovery should be changed with a health approach, drawing a firm line of distinguishing from narcotics crimes. Process in court with a fast trial, including an arrangement for arrest, was held in a designated rehabilitation facility or hospital.
Indonesia PENINGKATAN DAYA SAING PRODUK LOKAL BERBASIS E-HKI DALAM PERSPEKTIF HUKUM EKONOMI Triyono Adi Saputro; Muhammad Saiful Islam; Shabrina Rifdah Larasati; Yokhebed Arumdika Probosambodo; Hussein Gibreel Musa
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9577

Abstract

The urgency of the protection of domestic products in supporting economic value and increasing market competitiveness plays a large role through the registration of intellectual property rights (E-IPR). The existence of intellectual property in providing legal security for domestic products was essential for its certainty and safety. This should be done asa precaution in anticipation of unhealthy business rivalries and a minimizing of counterfeit products in the market. The methods used in supporting this study through normative research using a constitutional and case approach. Additionally, it sustained the legal source from primary and secondary data and was analyzed using descriptive analysis methods. The purpose of research is to determine the extent to which intellectual property rights protection has played in supporting the success of domestic products in the market. In view of the high presence of domestic products, the intellectual property rights registration is required by governments and stakeholders through the creation of domestic products to ensure early legal awareness of the resulting creativity needed to protect them by intellectual property. The implementation of intellectual property e-rights (E-IPR) is part of the economic laws of development because it includes efforts to enhance and develop domestic products and thus protect the state, improve the competiting power of the product, and create social welfare.
Evidence from Indonesia on the legal policy confronting discrimination of minority groups based on race and ethnicity Tara Nadya Andiani; FX Hastowo Broto Laksito; Jose Gama Santos
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9808

Abstract

The diversity of a multicultural society that supports Indonesia's national welfare has the opportunity to cause conflict and division, but there are still many acts of discrimination, especially against minority groups (race and ethnicity). Indonesia guarantees protection against discrimination as a constitutional right based on Article 281 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, Law No. 40 of 2008, Law No. 39 of 1999, even in the TAP MPR RI No. XVII/MPR/1998 on Human Rights. This research uses a normative method with a statute approach and is descriptive and qualitative. This discrimination violates human rights and is not in line with the principles of democracy and equality before the law. The Indonesian government has made various efforts to guarantee the rights of minority groups. Preventive efforts outside the law are still needed. Human rights, which were originally intended to secure the dimensions of human power as dignified beings, have been transformed into human rights that are considered to be full of dimensions of anthropocentrism, humanism, egoism, and false individualism. In terms of legislation, it is harmonious, but the practical implementation is still minimal, this can be seen from the lack of socialization of existing regulations related to racial and ethnic discrimination which still often occurs in the form of insults for certain races and ethnicities.
The proposal for the implementation of elections in Indonesia: a framework based on the presidential system Taufiq Yuli Purnama; Ramalina Ranaivo Mikea Manitra
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9815

Abstract

As a democratic country, in order to promote the general welfare, all citizens have the same right to exercise their political rights. In the context of organizing general elections, a form of democracy adopted by Indonesia. . Elections that are carried out transparently and peacefully and the elected leaders are generated by the most votes, then the country can be called a democratic country. The purpose of this research is to show that the function of political parties in selecting legislative candidates  This type of research is normative legal research, using a conceptual approach. The research method is a legal scientific logic research procedure. The results of this study indicate that the application of an open proportional system has a major influence on every determination of the quality of legislative members, and the enactment of an open proportional system causes many popular legislative candidates to be elected without considering the capacity of the ability of legislative candidates who will ascend to office, and an open proportional system that best reflects the basic principles of democracy a In the implementation of several policies of t h e Constitutional Court with the Decision issued by allowing educational institutions as campaign sites. There are pros and cons to this. But basically where the community is smart in politics is one of the requirements in realizing a good democracy. The other main requirements are fair law enforcement and respect for human rights values.
Artikel Urgensi Pengaturan Tindak Pidana Adat Dalam Peraturan Tertulis Pasca Pengesahan Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Muhamad Khalif Ardi; Muhammad Ikhsan Kamil; Devi Triasari; Doris Rahmat
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9829

Abstract

Criminal law's legality principle limits offenses to those specifically established by law. In Indonesian Criminal Code (KUHP) enlarged the definition of criminal offenses beyond those in legislation. It now includes usual criminal offenses. However, customary criminal offenses are not explicitly regulated by law. This paper discusses the need of regulating customary criminal offenses in criminal law enforcement. This project also develops conceptual frameworks for transforming customary criminal offenses into codified laws. Normative legal research, or doctrinal legal research, examines legal norms and regulations. A literature evaluation of relevant legislative rules is used to collect and analyze data for this research. This analysis indicates that written legislation should provide thorough regulations on customary criminal offense structure. These rules aim to reduce the arbitrary and inconsistent use of customary criminal law in criminal justice. The study's findings also show that written legal rules, such as Regional Regulations, can be used to formulate customary criminal offense regulations that comply with legality.
Understanding the legal construction of justice collaborators through the Bharada Elizer case Chairani, Meirza Aulia; Islami, Trinah Asi; Pradhana , Angga Pramodya; Sirichai , Tanawat
Wacana Hukum Vol 30 No 1 (2024): January-June
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i1.9828

Abstract

The objective of this study is to ascertain Bharada Eliezer's stance on Decision Variety: 798/Pid.B/2022/PN.Jkt.Sel, which pertains to the position of Justice Collaborator police officers, as well as the Police Code of Ethics Decision concerning Bharada Eliezer's police status. This study employs a normative juridical research methodology, together with conceptual and statutory techniques. Essentially, when an individual unlawfully ends another person's life, it constitutes a violation of human rights and a denial of the right to life, particularly when the perpetrator is a law enforcement officer who continues to serve in the police force. However, in this particular case, the judge and the responsible official overseeing the KKEP hearing must take into account the defendant's status as a justice collaborator, who is feared by irresponsible parties and at risk of abuse. Ensure that all personnel of the National Police receive guidance to prevent them from engaging in actions that contravene laws, regulations, and the ethical standards of the police profession, which could damage the reputation of the police organization or agency. It is necessary to revise the requirements and guidelines for justice collaborators due to certain criminal offenses that pose a threat to the state and involve exceptional crimes. Justice collaborators play a crucial role in clarifying initially ambiguous criminal offenses.
Criminal Liability of Postal Services in Transito Narcotics Mahendra, Januar Rahadian; Nurviani, Novi
Wacana Hukum Vol 30 No 1 (2024): January-June
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i1.9877

Abstract

This study analyzes the problems in the golden triangle of narcotics and criminal liability of sea freight forwarding services in transito narcotics crimes. The purpose of this research is to find out how the problems in the golden triangle of narcotics and criminal liability of sea freight forwarding services in transito narcotics crime. Based on the results of research and discussion, it can be seen that the golden triangle of narcotics has complex problems and requires assistance from other countries to overcome narcotics problems in their own countries. Through research and discussion, it is also known that there is no regulation on the transportation of narcotics by sea but it is different from the transportation of narcotics using the post. When using the post, the delivery service can be held criminally liable if it knows that the goods sent are narcotics, but if the delivery service does not know that the goods sent are narcotics then it cannot be held criminally liable. Although the delivery service cannot be held criminally liable if it does not know that the goods sent are narcotics, it can still be held legally liable, namely as a witness.
Penguatan Hukum Hak Cipta Atas Karya Seni Buatan AI di Indonesia dalam Rangka Penguatan Sektor Industri Kreatif 5.0 Putri, Rizqya Nafila; Nursalamah , Prameswari Aura; Monica , Annisa; Putri , Delasari Krida
Wacana Hukum Vol 30 No 1 (2024): January-June
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i1.10356

Abstract

AI made human work easier in creating many things, like works of art. However, this is worrying for creators or owners. They are concerned about fulfilling exclusive rights to works of art. AI is part of technological developments that should be used as a tool for creators to create works of art. Therefore, clear boundaries are needed regarding how much AI can be used by creators as a tool in creating works of art so there is no reduction in the value of the creator's own efforts and creativity. The type of research that the author uses is applied descriptive with a qualitative nature. The inductive method is applied to analyze and process data which is linked to existing theories and laws and regulations. The author analyzes the comparison of copyright law protection in Indonesia and in the United States regarding works of art created by AI.

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