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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 7 Documents
 1 
Search results for , issue "Vol 26 No 1 (2020): Wacana Hukum" : 7 Documents clear
The Implementation of Parking Management and Its Regulation Sylvester Enricho Mahardika; Retno Saraswati
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3379

Abstract

This study aims to determine the implementation of Local Regulation No. 16/2016 concerning the Implementation of Parking in the City of Pekalongan and to know the obstacles in the implementation and how to solve the problem. The author uses the method of sociological juridical approach that emphasizes descriptive analytical research related to the implementation of Local Regulation No. 15/2016 whether it is appropriate or not. The study provided results in the form of several obstacles in the implementation of Local Regulation No. 16 of 2016, namely 1) tariff setting; 2) orderly arrangement of tariffs; 3) the number of illegal unlicensed parking lots; and 4) lack of orderliness in retribution.Keywords: Local Regulations, Parking, Pekalongan.
The Optimalization of Coal Mining Supervision for the Environmental Law Enforcement on Post-Mining Activities Putri Swastika Hidayah
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3422

Abstract

Many coal mining companies are reluctant to carry out reclamation and post-mining, of course, resulting in environmental, ecological and community losses. Therefore this article tries to parse and explain the role and function of supervision as an effort to enforce administrative law related to the obligation to conduct reclamation by coal mining companies in order to preserve the environment and provide public justice. In addition, it also describes the construction related to withdrawing good post-mining reclamation funds in an effort to overcome the bad faith of the mining company. This research is a type of normative legal research. In this research, it is known that this is a result of the lack of intensity of supervision carried out by the government both before the Mining Business License (IUP) is issued or after the IUP is issued. First, in the case of supervision prior to the issuance of IUPs, it is known that many of the management of IUPs are issued without attaching reclamation and post-mining plans which are actually mandated by Article 99 (1) of Law 02/2009 which should be a reference for supervision of companies in conducting post-mining reclamation. Second, in terms of supervision after the issuance of IUP, it is known that the regulation on supervision, work mechanism, distribution of supervisors in mining areas, action models, is a problem that has never been well formulated to date. Then related to the large number of mining companies that have not provided reclamation and post-mining guarantee funds, it is known as a result of the regulation regarding withdrawal of post-mining Reclamation funds not clearly regulated in mining law in Indonesia.
Social Control Movement as a Corruption Eradication Instrument in Indonesia Satria Unggul Wicaksana Prakasa
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3548

Abstract

Corruption in Indonesia is an endemic problem. It has been hampering the development, disconnecting hopes of fulfilling the fundamental constitutional rights of citizens, creating a repressive government, and harming the country's finances and economy. This research tries to find the right movement pattern of social control, such as whether in efforts to prevent and eradicate corruption in Indonesia. The conclusion from this legal research is that the movement of social control as an instrument to eradicate corruption in Indonesia has been described both in the aspect of Judicial review, Class Action and Citizen Law Suit (CLS), Court Monitoring, and the Whistleblower System (WbS), as well as non-legal movements (public hearing & advocacy, mass actions) that are not facultative, meaning that all efforts can be undertaken by civil society by being bridged by NGOs and the campus in the corruption eradication agenda in Indonesia Going forward, the challenge of eradicating corruption in Indonesia is increasingly tricky and steep, it requires commitment from all parties to strengthen commitments to eradicate corruption, create integrity zones, and more importantly enhance the KPK as an independent anti-corruption institution, as mandated by UNCAC to maintain the independence of anti-corruption in Indonesia.Keywords:Social-Control Movement, Law Enforcement, Anti-Corruption 
Strengthening the Role of the Social Development Center for Child in the Case of Sexual Crime Against Street Children Wahyu Beny Mukti Setiyawan; Fitriya Dessi Wulandari; Widiatama Widiatama
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3628

Abstract

Being a civilized nation is one of the values enshrined in the Pancasila and the Preamble of the 1945 Constitution of the Republic of Indonesia. However, today the Indonesian nation can be said to be experiencing a crisis of morality. It is proven by the rise of cases of sexual crimes that occur in the community. The irony is that the victims of sexual crimes are children. The average victims of sexual crimes are street children. In fact, almost all female street children have experienced sexual harassment and rape. The state through the Ministry of Social Affairs has subsequently formed a social institution that specifically copes the problems of street children. This institution is the Social Development Center for Child (SDC). The Social Development Center for Child (SDC) has a role in handling cases of street children. As according to the Government Regulation Number 2 of 2002 concerning Procedures for the Protection of Victims and Witnesses in Serious Human Rights Violations, victims are "individuals or groups of people who have suffered as a result of severe human rights violations that require physical and mental protection from threats, harassment, terror and violence from any party.
Penal Mediation as an Alternative Dispute Resolution for Indonesian Criminal Code Ratri Novita Erdianti; Wasis Suprayitno; Sholahuddin Al-Fatih
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3629

Abstract

A high level of criminality has caused several issues in upholding the criminal code. The issues include things that are related to the effective ways to tackle criminality, criminal cases accumulation, and over-capacity issue. These issues need a proper handle immediately. One of the resolution mechanisms of criminal cases is by using the restorative justice approach, namely penal mediation. This research is to analyze the penal mediation construction in Indonesia and its role as an attempt of criminal case policy as the update of Indonesian criminal law This research conducted a normative juridical analysis of a variety of legislation and crime prevention theories. Penal mediation is an alternative dispute resolution  (ADR) outside the court which commonly applies to civil cases. Unlike the juvenile criminal justice system, the positive criminal law in Indonesia cannot resolve the criminal cases outside the court; nevertheless, certain cases make it possible to have it settled outside the court. Apart from that, as a discrete, Indonesian law enforcement also settles some criminal cases outside the court. For civil cases, the mediation usually in the case relate to finance issue, as for criminal case, it is more on freedom and life of an individual. Mediation for civil cases is usually directly among parties of the dispute, or the second party of interest. As for criminal cases, the parties are more complexs which include the actors, victims, but also the prosecutor and public.
Legal of Permission Folk Mining in Indonesia Derita Prapti Rahayu; Faisal Faisal
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3630

Abstract

Juridically the people's mining is recognized in the law. This paper will discuss  the regulation of people's mining permits in Indonesia that permision on folk mining regulated on the act number 04 year 2009 about coal mineral. The criteria and nature of community mining are the mining business activities of the local people, carried out simply and in a small way, not using sophisticated equipment, the production is sufficient for the daily needs of the miners, the extent is very limited. IPR is given for a maximum period of 5 (five) years and can be extended. Regents / mayors give IPR especially to local residents, both individuals and community groups and / or cooperatives, (2) Regents / mayors can delegate the authority to administer IPR as referred to in paragraph (1) to the camat in accordance with the provisions of the legislation, (( 3) To obtain an IPR as referred to in paragraph (1), the applicant must submit a request letter to the regent / mayor.
Health Services in Hospitals in Utilizing Health Law Expert Yusriando Yusriando
Wacana Hukum Vol 26 No 1 (2020): Wacana Hukum
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.wh.2020.26.1.3644

Abstract

The research objective is to understand and analyze health services in hospitals in utilizing health legal experts. The research paradigm used is the constructive paradigm. Research Specifications, which are used are Analytical descriptive categories. The research approach method used is socio legal research. The types of data needed in this study include primary and secondary data. Data Collection Techniques with Literature Study, Observation, and Interview. Data Analysis in this research is a qualitative descriptive analysis with inductive methods. The results showed that the utilization of health legal experts in health services in hospitals today is very far from the expectations known from the many who still do not understand what health lawyers are and what are the benefits for hospitals. Problems with the lack of use of health legal experts at the hospital at this time are very numerous, such as the socialization of laws and regulations in the health sector that is not running optimally, the number of patient complaints about health services, malpractice cases occur everywhere and feelings of discrimination in the profession that occur due to the birth of legislation in the health sector was not resolved properly and correctly. The use of health legal experts in health services in hospitals must reflect a sense of justice for all health workers based on Pancasila and the 1945 Constitution and special health law fields must be present in all hospitals and make health legal experts included in the health workforce group so that strength and Health legal authority is increasing so as to minimize the cases of malpractice that often occur lately. The use of health legal experts in health services in a hospital based on justice is the use of health legal experts in hospitals to prevent malpractice and create a balanced sense of justice between patients, the interests of health workers and the interests of hospitals.

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