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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 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge" : 6 Documents clear
Eradicating public official corruption Indonesia: a revolutionary paradigm focusing on state financial losses M Zaid; Rabani M Halawa; Kartika Asmanda Putri; Fadhel Arjuna Adinda; Lamberton Cait
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9564

Abstract

This research explores additional ways to eliminate corruption caused by authority abuse that hurts public finances. The present paradigm of corruption eradication in Indonesia still focuses on punishment, disregarding one of the Anti-Corruption Law's goals, state financial loss restitution. This research is normative, statutory, conceptual, and case-based. The results show that the administrative law approach to eradicating criminal acts of corruption due to government official abuse of authority focuses more on returning state losses through initial supervision by internal government agencies, such as the Government Internal Supervisory Apparatus. APIP has direct prosecution and compensation powers. The Supervisory Agency (BPK) finds state financial losses, it is better to take administrative action to recover them by communicating with APIP for time efficiency in eradicating corruption and recovering state losses. Third, sanctions in the authority that results in state financial losses are contained in Article 20 Juncto 21 of Law Number 30 of 2014 concerning governance, which only provides administrative sanctions of dismissal and does not require government officials to return state financial losses.
Indonesia ORIENTASI FILOSOFIS HAKIM DALAM MEMUTUSKAN PERKARA REHABILITASI BAGI PECANDU ATAU PENYALAH GUNA NARKOTIKA BAGI DIRI SENDIRI Teguh Hartono; Vadira Hanami; Fanniya Dyah Prameswari
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article wants to analyze the judge's verdict orientation of the rehabilitation case for addicts or drug abusers. Far from the construction of rehabilitation laws in Indonesia, there is a diffusion of norms between the health and the criminal approach. Legal research with a constitutional and case approach at the state court in Bali and Yogyakarta. A comparative approach of law with other countries. The study suggests that judges are more likely to drop sentences in prison sentences than in rehabilitation, even though the accused meets the criteria of narcotics law and a writ of avoidance of the Supreme Court. The complaint was merely a recommendation that judges were not required to comply with, as was the case in Portugal and Australia. The judge's paradigm of self-initiated drug abuse, like narcotics crimes, is similar in Vietnam. Whereas the philosophical orientation of the judges in deciding the issue of rehabilitation should be based on principles of humanity and justice as governed by the just and civilized precepts of humanity and the precepts of social justice for all peoples of Indonesia. The judge is required to consider the report on the results of the conviction of both criminal and criminal action to the perpetrator of criminal narcotics. Also, future prescriptions for self-initiated drug abuse recovery should be changed with a health approach, drawing a firm line of distinguishing from narcotics crimes. Process in court with a fast trial, including an arrangement for arrest, was held in a designated rehabilitation facility or hospital.
Indonesia PENINGKATAN DAYA SAING PRODUK LOKAL BERBASIS E-HKI DALAM PERSPEKTIF HUKUM EKONOMI Triyono Adi Saputro; Muhammad Saiful Islam; Shabrina Rifdah Larasati; Yokhebed Arumdika Probosambodo; Hussein Gibreel Musa
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9577

Abstract

The urgency of the protection of domestic products in supporting economic value and increasing market competitiveness plays a large role through the registration of intellectual property rights (E-IPR). The existence of intellectual property in providing legal security for domestic products was essential for its certainty and safety. This should be done asa precaution in anticipation of unhealthy business rivalries and a minimizing of counterfeit products in the market. The methods used in supporting this study through normative research using a constitutional and case approach. Additionally, it sustained the legal source from primary and secondary data and was analyzed using descriptive analysis methods. The purpose of research is to determine the extent to which intellectual property rights protection has played in supporting the success of domestic products in the market. In view of the high presence of domestic products, the intellectual property rights registration is required by governments and stakeholders through the creation of domestic products to ensure early legal awareness of the resulting creativity needed to protect them by intellectual property. The implementation of intellectual property e-rights (E-IPR) is part of the economic laws of development because it includes efforts to enhance and develop domestic products and thus protect the state, improve the competiting power of the product, and create social welfare.
Evidence from Indonesia on the legal policy confronting discrimination of minority groups based on race and ethnicity Tara Nadya Andiani; FX Hastowo Broto Laksito; Jose Gama Santos
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9808

Abstract

The diversity of a multicultural society that supports Indonesia's national welfare has the opportunity to cause conflict and division, but there are still many acts of discrimination, especially against minority groups (race and ethnicity). Indonesia guarantees protection against discrimination as a constitutional right based on Article 281 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, Law No. 40 of 2008, Law No. 39 of 1999, even in the TAP MPR RI No. XVII/MPR/1998 on Human Rights. This research uses a normative method with a statute approach and is descriptive and qualitative. This discrimination violates human rights and is not in line with the principles of democracy and equality before the law. The Indonesian government has made various efforts to guarantee the rights of minority groups. Preventive efforts outside the law are still needed. Human rights, which were originally intended to secure the dimensions of human power as dignified beings, have been transformed into human rights that are considered to be full of dimensions of anthropocentrism, humanism, egoism, and false individualism. In terms of legislation, it is harmonious, but the practical implementation is still minimal, this can be seen from the lack of socialization of existing regulations related to racial and ethnic discrimination which still often occurs in the form of insults for certain races and ethnicities.
The proposal for the implementation of elections in Indonesia: a framework based on the presidential system Taufiq Yuli Purnama; Ramalina Ranaivo Mikea Manitra
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9815

Abstract

As a democratic country, in order to promote the general welfare, all citizens have the same right to exercise their political rights. In the context of organizing general elections, a form of democracy adopted by Indonesia. . Elections that are carried out transparently and peacefully and the elected leaders are generated by the most votes, then the country can be called a democratic country. The purpose of this research is to show that the function of political parties in selecting legislative candidates  This type of research is normative legal research, using a conceptual approach. The research method is a legal scientific logic research procedure. The results of this study indicate that the application of an open proportional system has a major influence on every determination of the quality of legislative members, and the enactment of an open proportional system causes many popular legislative candidates to be elected without considering the capacity of the ability of legislative candidates who will ascend to office, and an open proportional system that best reflects the basic principles of democracy a In the implementation of several policies of t h e Constitutional Court with the Decision issued by allowing educational institutions as campaign sites. There are pros and cons to this. But basically where the community is smart in politics is one of the requirements in realizing a good democracy. The other main requirements are fair law enforcement and respect for human rights values.
Artikel Urgensi Pengaturan Tindak Pidana Adat Dalam Peraturan Tertulis Pasca Pengesahan Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana Muhamad Khalif Ardi; Muhammad Ikhsan Kamil; Devi Triasari; Doris Rahmat
Wacana Hukum Vol 29 No 2 (2023): Various Issue on Indonesian Legal Studies: Responsive Law Reform Challenge
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v29i2.9829

Abstract

Criminal law's legality principle limits offenses to those specifically established by law. In Indonesian Criminal Code (KUHP) enlarged the definition of criminal offenses beyond those in legislation. It now includes usual criminal offenses. However, customary criminal offenses are not explicitly regulated by law. This paper discusses the need of regulating customary criminal offenses in criminal law enforcement. This project also develops conceptual frameworks for transforming customary criminal offenses into codified laws. Normative legal research, or doctrinal legal research, examines legal norms and regulations. A literature evaluation of relevant legislative rules is used to collect and analyze data for this research. This analysis indicates that written legislation should provide thorough regulations on customary criminal offense structure. These rules aim to reduce the arbitrary and inconsistent use of customary criminal law in criminal justice. The study's findings also show that written legal rules, such as Regional Regulations, can be used to formulate customary criminal offense regulations that comply with legality.

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