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[Eksistensi Pemberlakukan Pidana Adat Bagi Masyarakat Di Luar Hukum Adat ]]>
<![CDATA[Shavira Hermala Meidy]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2456
<![CDATA[Before the implementation of the Criminal Code in Indonesia, in several regions in Indonesia there was a norm that became the law and regulations that bind the behavior of local people known as customary law. Customary law has provisions that must be obeyed and cannot be violated by indigenous peoples. If a violation occurs in the future, it will be subject to customary sanctions. It should be understood that customary law is law that applies in certain areas, therefore the application of customary law can be used for certain areas in accordance with customary provisions. The application of customary law is not only for indigenous indigenous peoples but also for individuals who are outside the customary area if they violate local customary regulations. Taking into account the circumstances above, the formulation of this problem is regarding the application of customary law for non-customary communities.]]>
<![CDATA[Status Hukum Perjanjian Nominee Dalam Penguasaan Tanah ]]>
<![CDATA[Seventina Monda Devita]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2580
<![CDATA[Law No. 5 of 1960 concerning the Basic Regulations on Agrarian Principles (UUPA) which is a form of protection and management in the agrarian sector, specifically in Article 21 paragraph 1 that only Indonesian citizens can own land with property rights. However, nowadays there are often nominee agreements between Indonesian citizens and foreign nationals (WNA) so that the foreigner can control land in Indonesia. So with that there is an attempt to deceive the law by foreigners to be able to fulfill their personal goals. So the author feels there is an urgency to review the legal status of the Nominee agreement from the point of view of Indonesian Civil Law. In addition to this, this writing will use a normative juridical research method with a statutory and library approach. Thus, it is hoped that it will be able to answer the legal issues that the author raises regarding efforts to deceive the law by using the Nominee agreement as a forum for foreigners to control land in Indonesia, which will find clarity on how civil law addresses this issue.]]>
<![CDATA[Analisis Hak-Hak Khusus Narapidana Perempuan Yang Merupakan Tanggung Jawab Negara Dilembaga Pemasyarakatan ]]>
<![CDATA[Ahmad Agung Raharjo]]>;
<![CDATA[Mitro Subroto]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2905
<![CDATA[Inmate is a term for someone who is serving a criminal period of lost independence in the correctional institution, this is the impact of his actions or behavior that legally violates the law and norms of life in the community. Even though they are serving time in prison, their natural rights are still attached to themselves and it should be underlined, that the state only takes their right to independence, not their right to life or anything else, their fundamental rights are still attached to the body. especially when it comes to female prisoners who are classified as vulnerable groups, female prisoners are a vulnerable group because they require special treatment for their needs even though basically their rights are the same as inmates in general, namely male prisoners, but related to gender roles and reproductive functions, they are certainly different and there is a need for special treatment when they are pregnant, giving birth, breastfeeding, nursing or menstruating. The purpose of this research is to examine how the implementation of the fulfillment of the special rights of vulnerable groups of female prisoners in the Penitentiary. The research method uses Normative Legal Techniques where the source of research data comes from library materials, regulations and various journal literature to conclude the results of qualitative descriptive analysis related to the fulfillment of the special rights of female prisoners in Correctional Institutions, especially Women Correctional Institutions in several Correctional Technical Implementing Units in Indonesia.]]>
<![CDATA[Perlindungan Hukum Hak Cipta di Media Sosial: Studi Kasus Pinterest ]]>
<![CDATA[Muhammad Farhan]]>;
<![CDATA[Grasia Kurniati]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2613
<![CDATA[Legal protection in this very modern era needs further attention, especially to technology that is always developing rapidly. The current era of social media is very diverse, one of which is the social media Pinterest, where social media facilitates various photos contained in it. The media in the form of images must be able to give legal protection to the creators of the works who have exclusive rights in the form of privileges so that they are not misused by others for their commercial interests. The purpose of this study is to find out the legal protection of Pinterest social media and as legal reading material for Pinterest social media users with normative juridical methods for the research method. The result of this study is that the image media contained in Pinterest is copyright protected under Article 40 Paragraph (l) letters f and k of Law Number 28 of 2014 concerning Copyright, where there are sanctions given to copyright violators, namely sanctions in the form of fines at most a lot of 4 billion rupiah.]]>
<![CDATA[Penyelesaian Sengketa Tanah yang Belum Bersertifikat melalui Mediasi oleh Badan Pertanahan Nasional ]]>
<![CDATA[Wita Sari Peranginangin]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2493
<![CDATA[Settlement of land disputes can be resolved through litigation or non-litigation. Dispute resolution that is resolved through litigation is very common if the problem or dispute faced is so concrete and needs to be resolved in court. However, it is possible that the problem can also be resolved non-litigation, such as by mediation, arbitration, negotiation, conciliation, or expert judgment. Alternative dispute resolution by mediation is a method that is often used in resolving disputes, especially in land disputes. The existence of a certificate of land rights is something that must be owned at this time as a valid proof of ownership of land rights. However, until now there are still many residents who have not received land rights certificates and are prone to disputes. This study aims to find out how to resolve land disputes that have not been certified and whether these disputes can be carried out using mediation methods at the National Land Agency. Seeing many of the same disputes that often occur in Indonesia. This research refers to normative juridical research which aims to determine the management of mediation in the National Land Agency.]]>
<![CDATA[Perbandingan Konstitusi Negara Indonesia Dan Rusia ]]>
<![CDATA[Ilham Dwi Rafiqi]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.3561
<![CDATA[The purpose of this study is to analyze and compare the state constitutions of Indonesia and Russia, particularly in relation to state institutions, separation of powers, and institutions for interpreting the constitution. This study uses a normative juridical research method with a statutory approach and a comparative approach. The results of the study show that in terms of institutions, Indonesia and Russia both adhere to the trias politica separation. However, in terms of the government system, there are differences, if Indonesia adheres to a purely presidential system of government, the Russian Federation adheres to semi-presidential. As for the institutions of interpreting the constitution, there are also similarities and differences. Similarities such as being an interpreter of the constitution, being a dispute resolution institution for state institutions to providing opinions on impeachment. The difference is that if the Constitutional Court of the Republic of Indonesia has the authority to decide on the dissolution of political parties and disputes regarding the results of the general election, the Constitutional Court of the Russian Federation does not have that authority. On the other hand, the Constitutional Court of the Russian Federation does not have the authority, for example, to receive complaints about violations of constitutional rights, to decide on the constitutionality of agreements between Russian state government agencies, and to decide on the normative actions of Russian state officials.]]>
<![CDATA[Akibat Hukum Akta Perpanjangan Sewa Menyewa Yang Memuat Keterangan Palsu (Studi Kasus Putusan Pengadilan Tinggi Denpasar Nomor 34/PDT/2016/PT. DPS) ]]>
<![CDATA[I Gede Yudi Arsawan]]>;
<![CDATA[I Gede Yusa]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2706
<![CDATA[The agreement as a source of engagement must be made by fulfilling the legal requirements as specified in the Civil Code (KUHPerdata). Because if the agreement does not meet the legal requirements, the engagement that occurs cannot be enforced. The agreement can be null and void if it contains false information. The case of the cancellation of the agreement in the form of an authentic deed due to false information can be found in the Denpasar High Court Decision Number 34/PDT/2016/PT. DPS. In that decision, the Panel of Judges upheld the decision of the first instance court which stated that the original Appellant of the Plaintiff committed an unlawful act because he gave false information so that the Deed of Lease Extension made before a notary became null and void. This research is normative legal research or what is also known as doctrinal legal research. Normative legal research is legal research in the area of legal science itself in a broad sense. It is said to be broad because the science of law is the way it is, entering all aspects of science with the aim of achieving legal goals. The results of this study found that there was negligence by a notary in making the Lease Extension Deed in that case, besides that the result of false information by one of the parties resulted in the Lease Extension Deed being invalid and null and void and the party providing false information must be held responsible and compensate for the losses suffered by the parties concerned.]]>
<![CDATA[Reliabilitas Undang-Undang Ekstradisi (Tinjauan Yuridis Terhadap Ekstradisi) ]]>
<![CDATA[Nanda Clarissa Maria Manek]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2628
<![CDATA[Human needs are evolving as time goes by. Some of the people chose to strugle to fill their everyday needs, while some of them chose the shortcut to get what they want. Like a shadow behind the light, crimes never disappear from social life. Many individuals as well as the peoples chose to commit crime as long as they get what they need and what they want. These things triggers the numbers of crimes. More perperators take advantage of every chance or loopholes in the laws, to evade punishment which will be given to them related to their comitted crime. Law paragraph 1 Year 1979 about extradition applied to arrest and adjudicate the perperators which on purpose looking for safety on crimes they commited by running to another country. However, on the embodiment, this extradition process takes so much time even can be turn down by the requested country, and the perperator can still enjoy their freedom as long as this extradition process takes place. This research using normative juridical method, where will discuss about constituent, principle, and the extradition process which regulated in Law Paragraph 1 Year 1979 about extradition, then will be compared with United Nations Convention Against Transnational Organized Crime or commonly reffered as Palermo Convention 2000.]]>
<![CDATA[Kajian Yuridis Masyarakat Hukum Adat ]]>
<![CDATA[Wihelmus Jemarut]]>;
<![CDATA[Solikatun Solikatun]]>;
<![CDATA[Pahrur Rizal]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.2494
<![CDATA[The Indonesian Parliaments has included a law draft concerning about customary law community in the National Legislation Program Priority of 2020 – 2024, while the provisions on customary law communities have been regulated in several laws. The questions that is examined in this article are how are the regulations regarding customary law communities in the laws and regulations and what is the evaluation of these laws and regulations? This study uses a a statutory approach. The results show that the provisions regarding customary law community are sporadically regulated in Law no. 5 of 1960, Law no. 39 of 1999, Law no. 41 of 1999, Law no. 7 of 2004, Law no. 18 of 2004, Law no. 27 of 2007, and Law no. 2 of 2009. Several evaluation points are (1) the recognition of customary law communities whose conditionality causes the recognition of customary law communities only at the level of discourse; (2) the use of the term is inconsistent; (3) the implementing regulations of Article 18 B paragraph (2) of the 1945 Constitution have not been/not formed; (4) recognition of customary law communities should include recognition of indigenous peoples' original beliefs.]]>
<![CDATA[Kajian Hukum Terhadap Putusan Mahkamah Konstitusi Nomor: 013/PUU-I/2003 ]]>
<![CDATA[Anwar Cengkeng]]>
<![CDATA[ Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i1.3737
<![CDATA[One of the powers of the Constitutional Court according to the 1945 Constitution is to examine the constitutionality of laws. Examination of Law no. 16 of 2003 on the 1945 Constitution by the Constitutional Court In general it has reflected the concept of people's sovereignty and the rule of law, but the interpretation made by the Constitutional Court on the meaning of Article 28I and Article 28J is still partial, even though the history of the formulation of the two Articles is intended as a package, namely the enactment of Article 28I. limited by the entry into force of Article 28J.]]>
