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INDONESIA
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 5 Documents
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Search results for , issue "Vol 24 No 1 (2018)" : 5 Documents clear
MENGAGAS CONSTITUTIONAL COMPLAINT DALAM KONSTITUSI INDONESIA DAN POLITIK HUKUM ISLAM Bambang Ali Kusumo; Abdul Kadir Jaelani
Wacana Hukum Vol 24 No 1 (2018)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2018.24.1.2995

Abstract

This paper discuss constitutional complaint as laws effort to the violation of constitutional right of civil. The protection of human basic right in the next called constitution right was the one of pure element should be contain in the constututional country. UUD 1945 as basic constitutional of Indonesia contrastly admit and protect civil right constitution, but in reality, many case which complaint to the constition departement that indicated violated constitution right because the laws spread out bay government, on the other hand all effort have done by the complainer can not be justicated. Because of that, appear the ideas of constitutional complaint. constituional complaint is constitution which complaining by the complainer because the ommision of public government which is guessed violated constitutional right of complainer. constitutional complaint in generally can be proposed if all laws effort which here has done or no laws effort again.
ANALISIS YURIDIS CABANG PEMERINTAHAN KEEMPAT DALAM STRUKTUR KETATANEGARAAN DI INDONESIA Tri Suhendra Arbani
Wacana Hukum Vol 24 No 1 (2018)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2018.24.1.2996

Abstract

The development of the modern state system is also followed by the establishment of new institutions as a support of the institutions that have been there before. The most significant event in the development and establishment of institutions is the new power branch, which is called by the experts in constitutional as an independent state commission. Independent state commission institution which, if seen from the character and the authority, the agency in some literature in American constitutional law is referred to as the fourth branch of power (The Fourth Branch of Government). Some things that make this institution called the fourth branch of government (The Fourth Branch of Government) is the fact that the agency, or commission or the state body run more than one function of government as well. The existence of a fourth branch of government (The Fourth Branch of Government) with the characteristics of state institutions whose authorities are quasi, combinations, as well as the accumulation of three existing government functions and make this institution to be difficult to identify in thought Trias Politica. The phenomenon of the rise of an institution with a new concept that has influenced the constitutional system in many countries.
ASPEK HUKUM LINGKUNGAN HIDUP DALAM UPAYA MENCEGAH TERJADINYA KERUSAKAN DAN PENCEMARAN LINGKUNGAN HIDUP DI INDONESIA Arifin Ma'ruf
Wacana Hukum Vol 24 No 1 (2018)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2018.24.1.2997

Abstract

In Article 33 paragraph (3) of the 1945 Constitution which states that: 'earth and water and natural resources contained therein is controlled by the State and used for the greatest prosperity of the people ". The provision is further stipulated in Law No. 23 of 2009 on the Protection and Environmental Management, in the provisions of Article 57 paragraph (1) regulates the procedure for the maintenance of the environment, namely: "Maintenance of the environment is done through the efforts of: a. conservation of natural resources; b. reserves of natural resources; and / or c. conservation atmosphere. "But in fact the implementation of the article can not be implemented to the fullest. The use of earth and water and natural resources for the prosperity of the people in Indonesia has not run well, this is caused by the rampant environmental pollution rife Indonesia, water pollution, air pollution and soil contamination. Pollution and destruction of the environment is one of the serious threat to the conservation of the environment in Indonesia. Disturbed environmental balance needs to be restored function as the giver of life and welfare benefits society by improving environmental protection, community development and optimization of environmental law enforcement, it aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, especially the caused by human activity. in this case could penegakanya through civil, administrative or criminal law, so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people.
PENGUJIAN SAH TIDAKNYA PENETAPAN TERSANGKA DALAM KERANGKA PRAPERADILAN Rizky Fakhry Alfiananda
Wacana Hukum Vol 24 No 1 (2018)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2018.24.1.2998

Abstract

A pretrial construction as it has been regulated in the Indonesian CriminalProcedure Code had instantly changed after the Constitutional Court decision Number : 21/PUU-XII/2014 that being announced on April 28, 2015. The pretrial construction was initially authorized only to examine and decide the validity of arrest and detention, the validity of investigation and prosecution termination, and the demand for compensation or rehabilitation. The authority of the pretrial by a quo decision was then expanded by adding an examination on the validity of inquiry, the validity of confiscation, and the validity of suspect determination. Although a quo decision is reputed tohave exceeded the authority of the Constitutional Court because it is judged of creating a new norm, a quo decision remains final and tied so that it should be considered as a complement to the Indonesian Criminal Procedure Code.
POLITISASI KONSTITUSI PIUTANG NEGARA DI INDONESIA Agus Pandoman
Wacana Hukum Vol 24 No 1 (2018)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2018.24.1.2999

Abstract

One example of the problems in the state's claim is BLBI extended by Bank Indonesia to the national banking system, which has become the state's claim, but not resolved through PUPN, but further right to claim the government handed over to IBRA established by Presidential Decree No. 27 of 1998 . Since handed over to the government the right to collect BI, BI ended authority to withdraw BLBI of the receiving bank, resolved through non-litigation and mechanisms and the solution was not to use repressive laws. Receivables BLBI state is a case of default the unusually large number (extraordinary default), but penyelesaianya by IBRA implemented with the exclusion of the legal principles of the settlement of accounts receivable against the debtor country BLBI receiver, so in this case the journey is also a cost for settling disputes outstanding a big. This paper would like to see how the practice of politicizing the constitution that happens particularly with respect to issues of State receivables.

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