Widya Yuridika
WIDYA YURIDIKA: Jurnal Hukum, published by the Faculty of Law, Universitas Widyagama Malang, as a forum of scientific publications for legal scientists and humanities who have a concentration in the field of law and human rights.
Widya Yuridika published two times annually, on June and December. Each of the issue has eight articles both on review and research article.
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<![CDATA[Lapas Dan Rutan Bukan Tempat Yang Tepat Bagi Korban Penyalahgunaan Narkoba ]]>
<![CDATA[Geryn Kemal Pasha Bangun]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2275
<![CDATA[I take this article from my view of drug victims who are sentenced to prison and detention, it is very interesting for me that when drug users are placed in prisons and detention centers, it is not only the right way of effort for drug users, but can lead to prison or detention centers become a market for drug trafficking. This type of research used by researchers in this study is natural observation. In this study, the research subjects were the victims of the assisted drug users, Prisons and detention centers that have been exposed to drug trafficking in them, and also people who have expertise in the fields of law, narcotics and also Corrections. The research instrument that I use as my aid in collecting data is observation and researcher and the data analysis method I use is interaction analysis where the information and data that I have summarized and present in a simpler and easier to understand form is carried out simultaneously with the process data collection, Then I draw conclusions from the results of the data that I have loaded in a simpler form. Through this research, We can know that the thing that causes detention centers and prisons to be inappropriate for drug abuse victims is that their users can turn into dealers and even dealers, Ineffective coaching and guidance for drug addicts, until prisons and detention centers become the black market for drugs.]]>
<![CDATA[Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016 ]]>
<![CDATA[Ilham Dwi Rafiqi]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2614
<![CDATA[The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".]]>
<![CDATA[Pembinaan Kemandirian Dalam Membangun Kepercayaan Diri Narapidana Di Masa Pandemi Covid-19 ]]>
<![CDATA[Yuliana Novitasari]]>;
<![CDATA[Padmono Wibowo]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2411
<![CDATA[Currently the world, including Indonesia, has been shocked by the emergence of a pandemic, namely the Covid-19 pandemic which was first discovered in Wuhan, China. The emergence of this pandemic has had a huge impact on the world economy. Especially with the implementation of the correctional system in Indonesia, namely the process of fostering independence. This study aims to determine what self-reliance coaching officers of the Class I Rutan Surakarta can do to build confidence in prisoners during the Covid-19 pandemic. The method used is qualitative research methods using various sources of this data by conducting interviews, documentation, and literature studies to obtain valid information. The result of this research is that the self-reliance development in the Class I Rutan Surakarta continues even though it is ineffective due to the Covid-19 pandemic. Self-reliance development that is still ongoing during the Covid-19 pandemic includes self-sufficiency in sewing, screen printing, and handicrafts. The officer fulfills the basic rights of the prisoner and conducts an assessment in determining the type of coaching that is tailored to the interests and talents so that later the prisoners are able to actualize themselves directly in the community with full self-confidence.]]>
<![CDATA[Pembinaan Terhadap Narapidana Pengguna Narkotika Di Lembaga Pemasyarakatan Narkotika Kelas II A Jakarta ]]>
<![CDATA[Dewi Linarsih]]>;
<![CDATA[Muhammad Khemal Andhika]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2365
<![CDATA[Law in Indonesia is now developing following a variety of human needs. The development of this law was also followed by the development of the prison system into a correctional system based on Pancasila and the 1945 Constitution. The change was made because the prison system only prioritizes the element of revenge and imprisonment only, so that the human rights of inmates are not taken into account. The type of research used in this study is a descriptive type of research. Based on the research that has been conducted the Implementation of Inmate Development in Narcotics Correctional Institution Class IIA Jakarta The implementation of coaching of inmates is stipulated in Article 7 of Government Regulation No. 31 of 1999 concerning The Construction and Mentoring of Community Correctional Officers.]]>
<![CDATA[Analisis Kriminologi Keterlibatan Perempuan Dan Anak Dalam Tindak Pidana Terorisme Di Indonesia ]]>
<![CDATA[Anjar Kartika Wening]]>;
<![CDATA[Slamet Tri Wahyudi]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2278
<![CDATA[Related to terrorism, in general, these crime were committed by men, but there is interesting fact in the case of suicide bombing that occurred in Surabaya in 2018, in which the suicide bombing was not only committed by men but also involves women and children. The involvement of women and children in terrorism, such as the suicide bombing in Surabaya, is a new mode used by terrorists to deceive the security apparatus, because this involvement was previously undetected so that the security apparatus could not predict it could be happen. The purpose of this research is to find out what are the factors that cause the involvement of women and children in terrorism and to find out how prevention efforts can be made. The research method used in this research is an empirical juridical research method through a statutory approach and a conceptual approach. The results of this research explain that the factors that cause the involvement of women and children in terrorism in Indonesia are due to internal and external factors. Prevention efforts that can be done are by the State Defense efforts through Citizenship Education which are further carried out through the Development of State Defense Awareness such as Counter Radicalization, Counter Ideology, Counter Narrative, Education, Society and Society Leaders Role and Formation of Society Programs.]]>
<![CDATA[Analisis Hubungan Dinas Publik Antara Pegawai Pemerintah Dengan Perjanjian Kerja Dan Pemerintah ]]>
<![CDATA[Nurmalita Ayuningtyas Harahap]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2668
<![CDATA[In Article 1 point 4 of Law no. 5 of 2014 states that, "Government Employees with Work Agreements, hereinafter abbreviated as PPPK, are Indonesian citizens who meet certain requirements, who are appointed based on work agreements for a certain period of time in order to carry out government duties." One of the characteristics of civil servants who work in government agencies is to have a relationship between civil servants and the government. This relationship is known as opebare dienstbetrekking or Public Service Relations. A voluntary agreement or a special contract due to the appointment that gives rise to the HDP is a one-sided legal act (aanstelling) from the Government. This one-sided government action was marked by the issuance of a Decree of appointment given to Civil Servants. Meanwhile, PPPK is appointed based on a work agreement. Appointments with this work agreement will be understood by their appointments based on ordinary contracts or two-sided government actions. The purpose of this study is to find out the appointment of PPPK is normatively reviewed and analyzes related to PPPK which can be classified or not as Civil Servants who have the characteristics of Public Service Relations with the Government due to the appointment of PPPK based on a work agreement. This type of research is a normative juridical research based on primary and secondary legal materials. The study was carried out using a conceptual approach and a statutory approach. This research is a library research.]]>
<![CDATA[Penegakkan Hukum serta Upaya Penyelesaian Sengketa Online Marketplace melalui Mekanisme Online Dispute Resolution ]]>
<![CDATA[Lusiona Mas Sagala]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2414
<![CDATA[The purpose of this study is to determine the regulation of online buying and selling transactions in the Marketplace and consumer disputes that occur in the Marketplace as well as efforts to resolve consumer disputes through the Online Dispute Resolution Mechanism. This study uses a normative juridical method with two types of legal materials, namely primary legal materials and secondary legal materials. Content analysis is used as a form of technique in analysis so that it does not require data in the field. Through this research, it can be seen that the regulation of online buying and selling transactions in the Marketplace is similar to direct or conventional transactions. Even though there is already a policy regarding online transactions, it cannot completely avoid consumer disputes. Therefore, online settlement efforts are needed, namely through Online Dispute Resolution (ODR) with the negotiation, mediation, and arbitration methods.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen Terhadap Iklan Yang Menyebabkan Kekeliruan ]]>
<![CDATA[Angel Amalia]]>;
<![CDATA[Margo Hadi Pura]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2368
<![CDATA[This study aims to see how legal protection for consumers for the existence of advertisements that causes mistakes and the for responsibility given by business actors. The existence of misleding or inappropriate advertisements is detrimental to consumers, causing problems between consumer who demand their rights from business actors who advertise their products. The problem raised is about how the legal protection for consumers related to misleading advertisements in the perspective of consumer protection and how the responsibility of business actors to consumers related to advertisements that cause errors. This study uses a normative juridical method, which is studied by means of an invitation. With the existence of Law Number 8 of 1999 concering Consumer Protection (UUPK) and the Indonesian Advertising Code of Ethics for consumers who are disadvantaged by business actors over advertisements that cause errors, they can obtain protection from business actor fraud. In addition, advertising business actors must be responsible in accordance with Article 20 of the UUPK.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemegang Hak Merek: Suatu Kajian Komparatif Antara Jepang Dan Indonesia ]]>
<![CDATA[Nopiana Nopiana]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2283
<![CDATA[Industrial revolution 4.0 causes everyone to compete to produce work. One of the things that play an important role in this industry is a brand. The term brand is familiar in society, every day we use many products with various brands. This is where the presence of a brand is needed to differentiate the products that have been produced. Brands also make it easy for consumers to identify the products they want. With the increasing number of products on the market today, it is necessary to regulate the brand. Everyone is indeed free to work, but that freedom is also often violated. Therefore, as a part of intellectual property, the brand must get protection. So, this research aims to compare the protection of brands between Japan and Indonesia. This study uses a normative legal research method with a statutory approach and a comparative law approach. Indonesia already has a legal instrument that regulates trademark protection, namely Law no. 20 of 2016. The same is done by Japan. They have also provided protection to their citizens about trademark rights. This is stipulated in the Japan Trademark Act.]]>
<![CDATA[Pelindungan Hak Cipta Pada Penggunaan Gambar Di Internet Yang Dijadikan Desain Pada Fitur Filter Cerita (Stories) Aplikasi Instagram Secara Tanpa Hak Untuk Tujuan Komersil ]]>
<![CDATA[Kartika Andini]]>;
<![CDATA[Rika Ratna Permata]]>;
<![CDATA[Miranda Risang Ayu]]>
<![CDATA[ Widya Yuridika Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v4i2.2804
<![CDATA[Image on the internet is an object of copyright protection and is a work that arises from someone's idea. This study aims to examine the protection of image on the internet that is used illegally for commercial purposes by the designer of a filter of Instagram Stories. To solve the problem, this research uses a normative juridical method, especially the descriptive analytical method, by analyzing the Copyright Law Number 28 of 2014 and the Information, Electronic Transactions Law Number 11 of 2008. The results of this research show that image on the internet is protected by copyright. In Indonesia, the protection of image on the internet is regulated by the Copyright Law Number 28 of 2014 and the Information, Electronic Transactions Law Number 11 of 2008. Copyright protection on the over-the-top media like Instagram is also regulated by the Government Regulation Number 71 of 2019 about Implementation System of Electronic Transactions. Based on the laws and regulation, protection is given to the author of image on the internet, including the designer of the filter of Instagram Stories, so the work cannot be used illegally in a manner that harmful to the author.]]>
