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Jurnal Wawasan Yuridika
Published by Sekolah Tinggi Hukum Bandung
ISSN : 25490664     EISSN : 25490753     DOI : 10.25072
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Wawasan Yuridika (JWY) is a peer-reviewed journal published by Sekolah Tinggi Hukum Bandung. Jurnal Wawasan Yuridika (JWY) is a Journal published biannually in March and September. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
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Articles 6 Documents
 1 
Search results for , issue "Vol 6, No 2 (2022): September 2022" : 6 Documents clear
Cyber Terrorism Countermeasures in Indonesia Saptaning Ruju Paminto
Jurnal Wawasan Yuridika Vol 6, No 2 (2022): September 2022
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (624.311 KB) | DOI: 10.25072/jwy.v6i2.464

Abstract

The crime of terrorism is classified as an extraordinary crime, along with various other forms of radicalism. Recent acts of terrorism are suspected to be the result of massive activism from cyberspace. The purpose of this study is to examine efforts to counter cyber terrorism. This research is descriptive with normative juridical research type, using literature studies through a theoretical approach, and then the data is analyzed qualitatively. The results of this study were coordinating actions by making agreements with other countries related to cyber terrorism crimes (including information exchange and creating data centres on Indonesia's servers to prevent cyber-terrorist operations), with efforts to prevent and eradicate cyber terrorism activities need a lot of cooperation, both with domestic and international stakeholders.
A Comparison of the Ideal Agrarian Reform Law to be Implemented in Indonesia Darwin Ginting
Jurnal Wawasan Yuridika Vol 6, No 2 (2022): September 2022
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v6i2.544

Abstract

The purpose of this research is to examine the ideal agrarian reform program for Indonesia by conducting a comparison method with Japan, which is one of the countries in Asia that has been very successful in implementing agrarian reform. This research is descriptive research with a normative juridical research type, using secondary data, through legislative and comparative approaches. Data is collected through document studies and then analyzed qualitatively. The results of the research found similarities and differences between the two agrarian reform models. From these differences, it can be seen the advantages of Japanese agrarian reform that need to be adjusted to the need to improve Indonesia's agrarian reform, including compensation for excess land and absentee land that is used as the object of agrarian reform is given in the form of bonds; the agrarian reform team is independent; the government buys all excess land, the government provides a budget as needed.
Inequality of Power and Gender Relations in Cases of Sexual Violence on Campus: a Study of Legal Philosophy Aditya Yuli Sulistyawan; Suparno Suparno; Shefia Ariesta Fernanda; Robiah Adawiyah
Jurnal Wawasan Yuridika Vol 6, No 2 (2022): September 2022
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (978.243 KB) | DOI: 10.25072/jwy.v6i2.542

Abstract

Sexual violence can occur anywhere and anytime, including in education, especially in universities. Harassment by lecturers to students and senior students to junior students is the case that happens frequently. Several cases prove an unequal relationship between the perpetrator and the victim. This research aims to change people's thinking about the use of power and prove the existence of power and gender equality in sexual violence on campus. The research method used is the philosophy of law research through a paradigmatic study approach by examining the critical theory et al. paradigm and the feminist jurisprudence with the specification of analytical descriptive research, secondary data types, and qualitative data analysis methods. Thus, it was found that sexual violence on campus was influenced by inequality between people in power and gender due to the influence of the patriarchal system and the imbalance of historical structures that led to the arbitrariness of the perpetrators.
Deferred Prosecution Agreement: a Restorative Approach in Tackling Corruption Committed by Corporations Mas Putra Zenno Januarsyah; Widiada Gunakaya; Asep N. Mulyana
Jurnal Wawasan Yuridika Vol 6, No 2 (2022): September 2022
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (641.107 KB) | DOI: 10.25072/jwy.v6i2.545

Abstract

This study aims to analyze the restorative approach to overcoming criminal acts of corruption committed by corporations through a deferred prosecution agreement. This research is descriptive with normative juridical research using secondary data in the form of primary, secondary, and tertiary legal materials through a statute approach and a conceptual approach. Data was collected using a document study, then analyzed qualitatively. The study results show that the deferred prosecution agreement is the ideal model for returning state financial losses due to corruption. This concept can be applied in Indonesia. In addition, this model provides legal certainty and legal benefits. As a consequence, as a dual-track system, deferred prosecution agreements also remain in the corridor of settlement through the criminal justice system.
Restorative Justice Approach towards Termination Investigation of Begal Victims Based on Noodweer Action and Noodweer Exes Herman Katimin; Ida Farida
Jurnal Wawasan Yuridika Vol 6, No 2 (2022): September 2022
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (677.229 KB) | DOI: 10.25072/jwy.v6i2.547

Abstract

In cases of involuntary manslaughters in self-defense by a victim of violent armed robberies (begal), investigators have often been reluctant to implement Article 49 of the Indonesian Criminal Code as a legal ground to terminate criminal investigations. The study aimed to analyze the termination of investigations based on noodweer and noodweerexces through a restorative justice approach. The study was descriptive and qualitative, employing a descriptive method. Data were collected from relevant literature and were analyzed quantitatively. The results showed that in the cases of involuntary manslaughter in self-defense by victims of violent armed robbery, the investigators had the authority to terminate the investigation and implement a restorative justice approach instead. It was applicable when the victims’ self-defense was void of mens rea, compelled by force, or done in defense of his or another person’s physical or sexual integrity or property against an immediate, unlawful attack. The restorative justice approach may involve the victims and/or their families, the perpetrators’ families, religious leaders, community leaders, traditional leaders, youth leaders, and other relevant stakeholders and is aimed solely for the sake of justice, legal usefulness, and legal certainty.
Smart City Policy in Indonesia: An Overview from the Green Constitution's Perspective Muhammad Kamal; Rizki Ramadani; Hardianto Djanggih
Jurnal Wawasan Yuridika Vol 6, No 2 (2022): September 2022
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (740.927 KB) | DOI: 10.25072/jwy.v6i2.548

Abstract

Smart city is now become an alternative policy to address various urban ecosystem’s issues. This article examines smart city policies in Indonesia, as well as the extent to which these policies can fulfill citizens' rights from the green constitution’s perspective. This is a normative/doctrinal legal research with statutory and conceptual approach. Data was gathered through  library research on primary legal materials in the form of related laws and regulations, as well as secondary legal materials in the form of relevant literature. The findings show that several smart city policies are still sectoral and unsustainable. A specific legal instrument is required to regulate smart city standardization to avoid misinterpretation and obstacles in its implementation. The smart city concept is consistent with the rights enshrined in Indonesia's green constitution, but policies continue to rely on local government initiative and discretion, resulting in citizens' rights not being placed proportionally.

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