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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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Policy Formulation for Indonesia's Criminal Action of Corruption as Ius Constituendum Ardi, Muhamad Khalif; Nurwinardi, Nurwinardi; Musa , Alnour Abobaker Mohamed
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.v30i1.10663

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.
The importance of the restorative justice approach in the resolution of medical disputes Mawardi, Chalik; Zaid, M; Kamil , Rizqan
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.v30i1.10667

Abstract

This research aims to elucidate the imperative nature of employing restorative justice as a viable solution for addressing medical offenses. Within the framework of the Indonesian legal system, medical crimes are classified as criminal offenses that are committed within the scope of the medical profession. Specific laws and regulations prosecute these offenses. This document is the outcome of a normative legal investigation. The study's findings indicate that the law enforcement issue for medical crimes stems from the ambiguous legal provisions outlined in Law 36/2009 about health. Consequently, the enforcement of medical crimes is subject to the provisions of the Criminal Procedure Code. Consequently, it can be argued that the distinction between medical crimes and ordinary crimes in the Indonesian context remains unchanged. Moreover, it is crucial to contemplate the implementation of restorative justice as an alternative approach to addressing medical crimes, taking into account the suffering and material damages endured by victims due to the actions of others.
The Reform of the Parliamentary Threshold System Based on Human Rights: Evidence from the United States Putra Perbawa , I Ketut Sukawati Lanang; Kusumaningtyas , Reza Octavia; Jailani, Abdul Kadir
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.v28i2.10962

Abstract

Using thresholds in elections facilitates fair competition among political parties for votes. Nevertheless, this threshold rule could pose a legal obstacle if a political party fails to get a parliamentary seat in an election due to insufficient voter support. This research intends to assess the ongoing significance of the parliamentary threshold system in Indonesia through comparison studies with other nations. This inquiry employs a normative juridical methodology. The research findings indicate that implementing the Parliamentary Threshold should better accommodate each region's unique and varied political objectives. This challenges the notion of variety within unity, potentially hindering the progress of political goals at both regional and national scales. National parliamentary thresholds can limit or remove regional political rights. Furthermore, the United States, which originated the presidential system of government, possesses the most extensive federal constitution worldwide. The United States spearheaded this progress by integrating human rights into its constitution. The United States operates under a two-party system and does not employ a specific legislative threshold system. Elections are conducted at several levels of government, including federal, state, and municipal. However, there are no established uniform criteria for parties or candidates to meet to be eligible for representation. The electoral college method also impacts the allocation of ballots, enhancing the probability of participation and involvement from each political party. Political parties experience more excellent stability. Therefore, Indonesia should adopt additional inclusive reforms based on human rights principles to establish specific benchmarks.
Prospects and Legal Challenges Regarding Intellectual Property Rights in Metaverse Operations in Nigeria Aidonojie, Paul Atagamen; Eregbuonye, Obieshi; Ibeh, Success; Antai, Godswill Owoche; Kolawale, Adesoji Adebayo
Wacana Hukum Vol 30 No 2 (2024): Article in Press
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i2.10728

Abstract

The Metaverse concept is regarded as a virtual reality where the lines between imagination and reality interact and blend with ease. However, the Metaverse concept tends to seem promising not just a digital revolution but an entire universe of immersive encounters. However, despite the relevance and potential, there are challenges and potential conflicts arising from integrating Metaverse technologies with the traditional legal frameworks governing intellectual property in Nigeria. Concerning this, the study examines the rising prominence of the Metaverse and the need for a comprehensive examination of its potential on intellectual property rights in Nigerian legal framework. The study adopts a hybrid method of study, and 348 questionnaires were sent to respondents residing in Nigeria. The results generated were analyzed using a descriptive and analytical method. Findings reveal the complicated connection between Metaverse technologies and established intellectual property norms. The study also elucidates other challenges, such as virtual property rights and the replication of real-world intellectual property in virtual environments, emphasizing the necessity for adaptive legal frameworks in Nigeria. The study therefore concludes and recommends there is a need for adaptive legal frameworks and formulation of specialized regulations for intellectual property within the Metaverse, and proactive measures to anticipate and address emerging challenges.
Resolution of Local Head Election Disputes: The Urgency of Establishing a Special Court Suparto, Suparto; Admiral, Admiral; Ardiansyah, Ardiansyah; Santos, Jose Gama
Wacana Hukum Vol 30 No 2 (2024): Article in Press
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i2.12156

Abstract

In accordance with the Constitutional Court's decision Number 97/PUU-XI/2013, the Constitutional Court is no longer empowered to adjudicate disputes regarding regional election results, as Article 236 C of Law Number 12 of 2008 is deemed inconsistent with the 1945 Constitution of the Republic of Indonesia. In response to the Constitutional Court's ruling, Law Number 8 of 2015 was enacted, which designates a specialised judicial body as the authority for resolving disputes about regional head election results in Article 157. The objective of this study was to determine whether a state institution is suitable for adjudicating disputes regarding the outcomes of regional head elections in the future. This study employed a normative legal research methodology, utilising secondary sources and analysing them through qualitative descriptive techniques. The findings of this analysis indicate that the creation of a specialised judicial entity to adjudicate election result disputes is the optimal resolution to the legal issues that arise. To avoid generating additional issues with the establishment of new state organisations and to enhance efficiency, the body responsible for adjudicating disputes about regional head election outcomes would henceforth be Bawaslu. The present Bawaslu has evolved into an entity tasked with a specific judicial duty, namely adjudicating complaints about regional election results as stipulated in Article 157 of Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors
General Elections and Technology: Realising Transparency and Integrity in Elections Purnama, Taufiq Yuli; Retno Catur Kusuma Dewi; Anik Tri Haryani
Wacana Hukum Vol 30 No 2 (2024): Article in Press
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i2.12159

Abstract

This project aims to enhance the utilisation of technology, particularly digital technology, in the execution of elections in a democratic nation such as Indonesia. The 2024 General Election is expected to encounter numerous problems, necessitating the digitalization of democracy to streamline the implementation of future General Elections. The usage of digital technology, particularly social media, is essential for the execution of future General Elections to streamline the electoral process and serve as a conduit for communication and information to the public or voters. This study employs normative legal research methodologies, analysing library materials that include primary legal sources such as Law Number 7 of 2017 regarding General Elections, Law Number 1 of 2024 about the Second Amendment of Law Number 11 of 2008 on Electronic Information and Transactions, and General Election Commission Regulation Number 15 of 2023 concerning General Election Campaigns, as well as secondary legal sources comprising books, journals, and other literature. The research indicates that the implementation of digital technology is anticipated to enhance voter participation and the quality of democracy in Indonesia, mitigate fraud, foster more transparent, accountable, and sustainable elections, and alleviate issues that arise during General Elections. Conversely, enhancing the competencies of election organisers is essential to elevate professionalism and mitigate errors
RESTRUKTURISASI SEMI PUBLIK SEBAGAI PENERAPAN ASAS ITIKAD BAIK DAN ASAS KELANGSUNGAN USAHA DI TENGAH KEPAILITAN PERUSAHAAN GO-PUBLIC DI INDONESIA Kurniawan, Itok; Sialagan, Sahat Poltak; Fernandes, Acacio
Wacana Hukum Vol 30 No 2 (2024): Article in Press
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v30i2.11132

Abstract

Various problems related to the effectiveness and efficiency of legal proceedings are still found in the running of insolvency law in Indonesia, such as peace issues. Whereas peace is the key for companies to keep going, including for companies going public. Therefore, might consider new concepts in the Insolvency Law, such as semi-public restructuring. The purpose of this study is to find out the insolvency and PKPU proceedings and their problems in Indonesia and dissect the concept of semi-public restructuring to be a consideration for future legal development. This research uses a normative juridical approach method which is carried out by collecting data and prioritizing legal research as the source. This research shows that semi-public restructuring presents a more flexible restructuring concept so as to strengthen the extension of the principle of good faith and the principle of business continuity

Page 31 of 31 | Total Record : 307

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