Wacana Hukum https://ejurnal.unisri.ac.id/index.php/Wacana <div style="margin-bottom: .0001pt; line-height: normal;"> </div> <div style="margin-bottom: .0001pt; line-height: normal;"><strong style="text-align: justify;">WACANA HUKUM </strong><span style="text-align: justify;">is a peer-reviewed journal published by Faculty of Law Universitas Slamet Riyadi. It is published twice times a year (February and August). </span><strong style="text-align: justify;"> WACANA HUKUM</strong><span style="text-align: justify;"> aims to provide a forum for lecturers and researchers to publish original articles about Law Science. </span><span style="text-align: justify;">The focus of </span><strong style="text-align: justify;"><strong>WACANA HUKUM</strong> </strong><span style="text-align: justify;">is publishing the manuscript of a research study or conceptual ideas. We are interested in topics that relate to Legal issues in Indonesia and around the world.</span></div> en-US <p>Authors who publish with this journal agree to the following terms:</p> <ol> <li class="show">Copyright on any article is retained by the author(s).</li> <li class="show">The author grants the journal, the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal.</li> <li class="show">Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.</li> <li class="show">Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</li> <li class="show">The article and any associated published material is distributed under the <a href="http://creativecommons.org/licenses/by-sa/4.0/" rel="license">Creative Commons Attribution-ShareAlike 4.0 International License</a></li> </ol> wacanahukumu@gmail.com (Dr. Shinta Rhukmi B.,S.H., M.Hum) arumdika@unisri.ac.id (Yokhebed Arumdika Probosambodo, SH., MH.) Mon, 28 Feb 2022 00:00:00 +0700 OJS http://blogs.law.harvard.edu/tech/rss 60 State Sovereignty and Refugee Protection https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6645 <p>State sovereignty is often used by some countries as a shield to refuse refugee arrivals and provide protection to them. This is felt detrimental to refugees, even though the original nature of the absolute and exclusive sovereignty of the state can no longer be maintained. In this connection, this paper would like to explain the ideal attitude that countries need to have and take towards refugees so that the international protection goals for refugees can be achieved. This paper is part of the results of the research (dissertation) of the writer who uses the normative legal research method with a conceptual approach.</p> Heribertus Untung Setyardi Copyright (c) 2022 Heribertus Untung Setyardi https://creativecommons.org/licenses/by-sa/4.0 https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6645 Mon, 28 Feb 2022 00:00:00 +0700 The Compliance Of Autonomous Weapons To International Humanitarian Law: Question Of Law And Question Of Fact https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6689 <p>International Humanitarian Law (IHL) sets the rules to prevent human from doing excessive damages upon humanity in the time of war or armed conflicts. However, a new weapon which is called autonomous weapons rises a serious concern today because it can search, detect, identify, select, track and engage targets without human interventions. This study aims to clarify which weapons are regarded as “autonomous” today in order to find out whether the present autonomous weapons comply the IHL principles. This study adopts normative legal research. The data types used is based on secondary data which consist of Primary legal materials, namely the Geneva Convention 1949 and its Additional Protocols. In addition, secondary legal materials are used to support the primary legal materials are obtained from articles and books. The data is collected through library research and analyzed by using a qualitative-descriptive approach. It finds that a weapon system which limits human control and intervention, is not automatically classified as an autonomous weapon due to the level of human and AI engagement in the weapon. The use of autonomous weapon in armed conflicts does not entirely fulfill the principles of IHL, particularly a fully autonomous weapon because it will never satisfy the principle of distinction, proportionality, the prohibition of attack against those hors de combat and humanity.</p> Rina Shahrullah, Muhammad Samsu Saputra Copyright (c) 2022 Rina Shahrullah, Muhammad Samsu Saputra https://creativecommons.org/licenses/by-sa/4.0 https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6689 Mon, 28 Feb 2022 00:00:00 +0700 Insider Trading Case Settlement: Studies in Indonesia and The United States https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6781 <p>Insider trading is a term that refers to the practice in which corporate insiders conduct securities transactions (trading) using their exclusive information that is not yet available to the public or investors. Indonesia and the United States are 2 (two) countries that prohibit insider trading in the capital market. Through this article, the author wants to analyze the similarities and differences the regulation of insider trading in Indonesia and the United States, and explain the legal process for the settlement of Insider Trading cases in Indonesia and the United States. This research is a normative research, using the laws and regulations on the capital market originating from 2 (two) countries, there are the laws and regulations on the capital market of Indonesia and the United States. The analysis of this paper concludes that Indonesia and the United States prohibit the practice of insider trading in the capital market.</p> Mansix Agusmanto Gea, Marihot Janpieter Hutajulu Copyright (c) 2022 Mansix Agusmanto Gea, Marihot Janpieter Hutajulu https://creativecommons.org/licenses/by-sa/4.0 https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6781 Mon, 28 Feb 2022 00:00:00 +0700 The Implementation of Democracy in The Middle of The Application of Ite Law https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6806 <p>Democracy in Indonesia has been running for quite a long time since Indonesia was founded until now, which is approximately 76 years. each order has its own characteristics in carrying out democracy in Indonesia according to the conditions and political interests at that time.So that each ruler has his own interpretation of democracy in the Sukarno era, in the guided democracy during the Suharto era, there was Pancasila democracy and in the reformation period, Pancasila democracy was implemented in accordance with the constitution. there is little difference in implementing Pancasila democracy during the New Order era and during the reformation period.This difference can be seen where during the new code of democracy Pancasila was implemented but not wholeheartedly because the authorities at that time implemented a subversion law, while during this reformation period, especially in the last 10 years, the government implemented a democratic system but also implemented a law on information and electronic transactions. considered by some legal and political observers to be a substitute for subversive laws.</p> Ian Aji Hermawan Copyright (c) 2022 Ian Aji Hermawan https://creativecommons.org/licenses/by-sa/4.0 https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6806 Mon, 28 Feb 2022 00:00:00 +0700 Implementation of Individual Candidate Reviews in the Election of Mayor in Surakarta City https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6731 <p>This study aims to further examine the implementation of individual candidate reviews in the mayoral election in Surakarta City in 2020. The city of Surakarta implemented direct elections in 2020 which were followed by political parties, in this case PDI Perjuangan (Gibran Rakabuming Raka and the individual Teguh Prakoso). ) and individual candidate Bagyo Suparjo who will appear in the direct election according to the decision of the Pilwalkot participants.This study uses a normative legal research method using a statutory approach (Statute Approach) and a case approach (Case Approach). The approach in normative research examines data that is directly taken from a literature review and secondary data that can be studied through document studies is found at the Surakarta City Regional General Election Commission. This is in accordance with the 1945 Constitution and Law no. 10 of 2016. This approach is expected to get an overview of normative studies using descriptive analysis and purposive sampling.The results of the temporary study showed that the implementation of the individual candidate review in the mayoral election in the city of Surakarta was won by Gibran Rakabuming Raka and Teguh Prakoso who defeated Bagyo Suparjo. The existence of individual candidates in the political and democratic system occurs because Law Number 32 of 2004 concerning Regional Government only limits and facilitates candidates for regional heads who come from political parties only. Individual candidates in the post-conflict local elections in Indonesia are not significant because one of the regulations governing individual candidates is burdensome to individual candidates, even though individual candidates have been regulated in the 1945 Constitution and strengthened by the Constitutional Court Decision Number 5/PUU-V/2007 which is the political right of the people to vote. Chosenas a form of democracy and human rights. Deparpolization is caused by the decline in public confidence in political parties so that people look for other political routes and provide space for people who do not have political vehicles, which are expected to be able to answer the deadlock of political parties so that their political rights can run well.</p> Wibowo Murti Samadi, Shinta Rukmi B Copyright (c) 2022 Wibowo Murti Samadi, Shinta Rukmi B https://creativecommons.org/licenses/by-sa/4.0 https://ejurnal.unisri.ac.id/index.php/Wacana/article/view/6731 Mon, 28 Feb 2022 00:00:00 +0700