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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 6 Documents
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Search results for , issue "Vol 29 No 1 (2023): Legal Theories and Fundamental Law on the Various Issues" : 6 Documents clear
Usulan Perubahan Terbatas Undang-Undang Dasar Republik Indonesia Tahun 1945 Mengenai Perencanaan Pembangunan Nasional Model Garis-Garis Besar Haluan Negara Prima Widya Putri; Maria Fransiska Walintukan
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.v29i1.3443

Abstract

The emergence of the State Policy Guidelines (GBHN) discourse has been revived all this time because of the disappointment of many parties related to the development process whose outputs and outcomes are not in line with expectations and are not coherent. The development process is seen as being overemphasized on the limited perspective of the President or Regional Head elected, resulting in development disparities that are still far from expectations. Therefore, there is a thought to propose a limited amendment to the 1945 Constitution of the Republic of Indonesia concerning the GBHN model of national development planning. The things that will be explained are the Legal Products of the National Development Planning of the GBHN model, the Process of Forming the National Development Planning of the GBHN model, the Legal Implications of the National Development Planning of the GBHN model, Recommendations for the National Development Planning Content of the GBHN model. This type of research conducted is normative legal research, or often known as the normative juridical approach. In the fifth amendment to the 1945 Constitution the position of the MPR would still be a high state institution but the granting of authority to the MPR in determining the GBHN was a form of mechanical check and balance in the administration of state life.
Tanggung Jawab Maskapai Penerbangan Perintis terhadap Kerugian atas Musnahnya Kargo Akibat Kecelakaan Celfilia Devi Ayuningtyas
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.v29i1.8377

Abstract

The presence of innovative cargo air transportation plays a significant role in meeting the transportation needs of individuals residing in remote and underdeveloped regions, commonly referred to as 3T areas, in Indonesia. The primary objective of pioneering air transport is to mitigate the adverse effects of price disparities on the residents of the 3T region. Nevertheless, the implementation of pioneering cargo air transport has faced numerous challenges in reality, leading to a higher incidence of aviation accidents compared to commercial flights. This study aims to investigate the legal status of pioneering cargo air transport in Indonesia and subsequently ascertain the liability of pioneer airlines in relation to aviation safety and the financial consequences resulting from cargo destruction in the event of an accident. The research employed a normative juridical approach, which involved an examination of concepts and relevant regulations. The findings of the study suggest that pioneering cargo carriers possess a legal status that extends beyond their role as mere carriers in cargo transport agreements. They also maintain a legal connection with the government through contractual arrangements, which are integral to the execution of public services. Pioneer airlines, in collaboration with local governments, airport authorities, and relevant stakeholders, bear the responsibility of ensuring flight safety as a proactive measure to prevent accidents. In the event of an accident resulting in the destruction of the cargo, it is the responsibility of the airline to provide compensation to the sender. This compensation should be commensurate with the damages incurred and should adhere to the regulations governing air transportation.
MENELISIK IMPLIKASI HUKUM: ANALISIS KEPEMILIKAN HAK ATAS KEKAYAAN INTELEKTUAL PADA PLATFORM CRYPTOKITTIES Muhammad Asrul Maulana; Shilla Hasmara Santosa
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.v29i1.9153

Abstract

This research analyzes the legal implications related to the ownership of intellectual property rights on the CryptoKitties platform. CryptoKitties is a blockchain-based gaming platform that allows users to buy, own, and trade unique virtual cats. These cats are represented by digital assets called non-fungible tokens (NFTs), which grant exclusive ownership to their owners. This research uses a normative method with a statutory approach. Accordingly, the user acknowledges and agree that Dapper (or, as applicable, the licensor) has all legal rights, ownership, and interests in and to all other elements of the application, and all intellectual property rights therein, but the ownership of non-fungible token (NFT) intellectual property is fully owned by the user. And Dapper grants exclusive rights to the user over the digital assets representing unique virtual cats.
TINJAUAN YURIDIS KEWENANGAN PENGADILAN NIAGA DALAM MENGADILI PERKARA KEPAILITAN YANG DIDALAMNYA TERDAPAT KLAUSULA ARBITRASE Metya Mutiara Cahyani; Ailly Latiefah Yunani
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.v29i1.9232

Abstract

Social conflicts are common. Every aspect of life—business, family, politics, and the economy—can have issues. Conflicts, disagreements, and fear of damage often trigger these issues. Current dispute settlement solutions go beyond court. The parties can agree on a dispute resolution. All disputes can be settled outside of court. Arbitration resolves disputes. Arbitration is a technique to resolve a civil dispute outside of court based on a written arbitration agreement (Article 1 point 1 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution). This paper examines the Commercial Court's jurisdiction in bankruptcy cases with an arbitration provision. This solution applies legal norms to the situation. General legal and statutory theories are analyzed descriptively. According to the research, the Commercial Court's authority extends beyond bankruptcy cases and postponement of debt obligations and payments (PKPU). Article 303 of the KPKPU Law confirms that the court can examine and resolve parties' bankruptcy statements even if their debt agreement contains an arbitration clause. The arbitration provision does not preclude bankruptcy legislation. If Article 2 paragraph (1) jo. Article 8 paragraph (4) of the KPKPU Law is met, a bankruptcy application can be submitted.
PERBANDINGAN SISTEM PEMERINTAHAN DI KOREA SELATAN, FILIPINA DAN INDONESIA DALAM PENERAPAN SISTEM PRESIDENSIAL Arif Rachmanto
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.v29i1.9242

Abstract

The system of government will be reflected in the state constitution, Indonesian constitution is reflected in the UUD 1945. Although it does not explicitly mention, the constitution clearly shows the characteristics of the presidential system adopted by Indonesia. Some Asian countries also implement presidential systems of government such as in South Korea and Philippines. With different culture, will be different in the implementation of the presidential system of government, especially in terms of presidential elections, presidential accountability and the process of dismissing the president (impeachment). In the case of presidential elections, all are equally elected by the people, but only in Indonesia after the presidential term can still be re-elected. the president is accountable to the people of the state, except in South Korea, in addition to being responsible to the peopleof the state as well as to parliament because South Korea is a hybrid system in its system of government. In the process of dismissal of the president (impeachment) all countries involve legislative power except in Indonesia in addition to involving legislative and judicial power organized by the Constitutional Court.
The Role of the Financial Services Authority (OJK) in Supervising Illegal Investments in Indonesia Fadia Fitriyanti; Ekky Wahdatul Hanifah
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.

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