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All Journal Jurnal Cakrawala Hukum Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

Wika Yudha Shanty, Wika Yudha

Fakultas Hukum Universitas Merdeka Malang; Jl. Terusan Raya Dieng Nomor 62-64; Malang; 65146; Jawa Timur;

Author-ID : 616807

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 18 Documents Claim Missing Document

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Articles

Title

Tinjauan Umum Kekuatan Pembuktian Dokumen Elektronik Berupa Akta Autentik Sebagai Alat Bukti Dalam Persidangan Perdata Secara Elektronik (E-litigasi)* Rodiah, Siti Aisyatur; Sunarjo, Sunarjo; Shanty, Wika Yudha
Bhirawa Law Journal Vol 1, No 2 (2020): November 2020
Publisher : University of Merdeka Malang

This research focuses on how the power of proof of electronic documents in the form of authentic deeds as evidence in electronic civil proceedings (e-litigation) and how legal interpretations to consider electronic documents in the form of authentic deeds as evidence in electronic civil proceedings (e-litigation). The method used in this research is the normative method. Electronic documents in the form of authentic deeds are valid evidence in civil procedural law if they meet the formal and material requirements stipulated in the provisions of Articles 5 and 6 of the ITE Law, namely if the documents are original, can be accessed, displayed, their integrity is guaranteed, and can be accounted for. However, the value of evidentiary power attached to electronic documents in the form of authentic deeds as evidence does not yet have perfect evidentiary power. Because it still requires specific arrangements with the aim of ensuring legal certainty. Even though it has not been specifically regulated, electronic documentary evidence in the form of authentic deeds is still often used in electronic civil proceedings (e-litigation), in which case the judge cannot reject the case. Therefore, judges can make legal discoveries with interpretation and construction methods by referring to the ITE Law.

Perspektif Tindak Pidana Kartu Kredit (Carding) terhadap Putusan Pengadilan indah Novitasari; Muhari Agus Santoso; Wika Yudha Shanty
Bhirawa Law Journal Vol 1, No 1 (2020): May 2020
Publisher : University of Merdeka Malang

Credit card is the one of modern paying tools which has benefit and easy. However, the credit card can make kinds of criminal like fabrication credit card and robbing credit card data. The problem will be explain in this research are What is the judicial review toward District Court of Malang Judgment Number 6/Pid.SUs/2019/PN.MLG credit card criminal perspective, District Court of Malang Judgment Number 6/Pid.SUs/2019/PN.MLG credit card criminal perspective is already appropriate with Information and Electronic Transaction or not. Theresearch use normative law method with literature research. This research use secondary data which is obtained from act analysis that have relation with this research and another law materials consist of book, journal, and another literature. Carding criminal is the one of cybercrime. The way to handle carding criminal can use Criminal Code and Banking Act besides Information and Electronic Transaction Act.

Tinjauan Yuridis Kompilasi Hukum Islam tentang Hak Warisan Anak Hasil Hubungan di Luar Nikah antara Tenaga Kerja Wanita dengan Majikannya Rahmat Vijay Bengal; Kasuwi Saiban; Wika Yudha Shanty; Fadilla Lailawaty
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

The large number of Indonesian workers who work abroad is one of the largest foreign exchange contributors in the country, but in practice, many problems arise for Indonesian workers who work abroad, one of which is the rape of female workers by their employers to cause children. from the results of the extramarital relationship. This study uses a normative juridical approach. This approach focuses on examining literature materials such as legislation and other relevant sources. This research examines how the compilation of Islamic law reviews the status and inheritance rights of children resulting from extramarital relations between female workers and theiremployers. The results of this study are children from the results of extramarital relations between female workers and their employers only have a family relationship with their mother and their mother’s family and do not have a family relationship with their biological father and the family of their biological father.

Perlindungan Hukum Hak Tradisional Masyarakat Hukum Adat terhadap Tindakan Individualisasi Tanah Ulayat untuk Tujuan Komersial Stivani Marantika Poro; Ali Imron; Wika Yudha Shanty
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

The 1945 Constitution of the Republic of Indonesia has a very large role as the foundation of all existing laws and regulations in Indonesia. Including regarding the respect and recognition of customary law community units whose traditional rights as long as their existence still exist. In this paper, one of the examples taken by the authoris the indigenous people in the eastern part of East Nusa Tenggara Province, namely the indigenous people of Pubabu. The existence of the Pubabu indigenous people is very critical because the recognition they get is very weak. This causes their customary rights to be in a complicated position when it comes to dealing with the state’s right tocontrol. The local government seems to interfere with the rights of indigenous peoples because it is in the interests of the state. This certainly should not be done. Therefore, so that customary rights are not disturbed, let alone eliminating the right to control the state, it is necessary to have restrictions as well as strong legal protection from both the Central Government and the Regional Government, this is aimed at achieving the welfare of the customary law community and protection of the people. human rights, policies related to indigenous peoples must also be aspirational.

Faktor Kriminogen dan Upaya Mengatasi Penyalahguna Narkoba di Kalangan Masyarakat Teguh Suratman; Wika Yudha Shanty
Bhirawa Law Journal Vol 3, No 1 (2022): May 2022
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v3i1.7985

In fact, drugs are goods that are very useful for the benefit of many people's lives when used and used properly. However, in reality this is not the case, and not a few of these items are used inappropriately for their intended purpose or in other words, are misused and cause various negative aspects in the community. The purpose of this paper is to find out the criminogenic side of drug use that should not be carried out by the community, and to find out drug use among the community, which is actually not in harmony with social values, cultural aspects and negative factors in people's lives. The study in this paper contributes in overcoming the crime of drug abuse, in order to achieve the goal and to facilitate the understanding and implementation of handling drug problems using Pre-emptive, Preventive, and Repressive methods; and understand trends related to drugs, more specifically trying to contribute in solving the problem of drug abuse as part of the social pathology in people's lives.

Analisis Perkembangan Kedudukan Perempuan dalam Pewarisan Hukum Adat Batak Toba di Kota Malang Lumban Gaol, Sastra Gunawan; Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Ariyanti, Ariyanti; Mulyono, Galih Puji
Bhirawa Law Journal Vol 5, No 1 (2024): May 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i1.12955

The Indonesian nation has a wealth of customs which form a strong identity in the lives of its people. One custom that has its own characteristics is the Toba Batak tradition, especially in terms of dividing inheritance. In the Toba Batak traditional inheritance system, the distribution of inheritance traditionally prioritizes sons. This is different from the provisions in the Indonesian Civil Code (KUHPerdata) which equalize inheritance rights between sons and daughters. This research uses empirical legal research methods which aim to examine the position of girls in Toba Batak traditional inheritance law in Malang City, as well as to identify factors that influence changes in perspectives on girls' inheritance rights. Apart from that, this research also seeks to understand the mechanism for resolving traditional inheritance disputes carried out by Toba Batak traditional leaders. The research results show that although the Toba Batak community in Malang City still adheres to a patrilineal system, there has been significant development in recognizing the inheritance rights of girls. Girls are now starting to get equal inheritance rights with boys, especially for property obtained from their own hard work. Efforts to resolve traditional inheritance disputes by Toba Batak traditional leaders in Malang City also show an effort to bridge traditional values with modern realities, creating harmony between customary law and state law.

Implementasi Pendaftaran Tanah Secara Elektronik di Kabupaten Malang Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Rahayu, Dewi Ayu; Laila, Khotbatul; Gunawan Putri, Annisa Rizkita
Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i2.14675

The digitization era in Indonesia has brought about rapid technological advancement, leading to an increase in digital or electronic forms of human activities, particularly in land-related activities. To avoid land disputes, it is essential to ensure legal certainty regarding land rights status. This is achieved through electronic land registration carried out by the National Land Agency (BPN). Article 2 of the Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 outlines the implementation of electronic land registration. This research aims to analyze the implementation of Article 2 of Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 by the National Land Agency (BPN) of Malang Regency and identify the challenges faced by BPN Malang Regency in implementing the regulation. This research employs an empirical legal research method, which examines the effectiveness of law within society. The findings indicate that electronic land registration at the National Land Agency (BPN) of Malang Regency has been gradually progressing, with thirty thousand lands already registered. Challenges encountered include insufficient human resources, a significant portion of the population lacking technological literacy, and concerns regarding cybercrime and electronic certificate forgery.

Co-Authors Ali Imron Ariyanti Ariyanti Budiastanti, Dhaniar Eka Eka Nugraha Putra Fadilla Lailawaty Ferry Anggriawan Gunawan Putri, Annisa Rizkita Hatarto Pakpahan indah Novitasari Kadek Wiwik Indrayanti Kasuwi Saiban Laila, Khotbatul Lumban Gaol, Sastra Gunawan Muhari Agus Santoso Mulyono, Galih Puji Rahayu, Dewi Ayu Rahmat Vijay Bengal Rodiah, Siti Aisyatur Schuyler Stivani Marantika Poro Sunarjo Sunarjo Suratman, Teguh Theis, Anggie Natasia

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