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Widya Yuridika
Published by Universitas Widyagama
ISSN : 26157586     EISSN : 26205556     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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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Articles 19 Documents
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Search results for , issue "Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum" : 19 Documents clear
Legalitas Aborsi Akibat Pemerkosaan Ditinjau Dari Prespektif Korban Dan Hak Asasi Manusia Junisa Putri Salsabila; Winda Fitri
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3578

Abstract

Abortion is an act of abortion of content by using it without forcibly removing it due to certain circumstances.  If viewed from an Islamic perspective, abortion is not permitted under Islamic law, but in Government Regulation (PP) No.  61 of 2014.  Abortion due to legal consequences is allowed if it has not reached the age of 40 days.  The existence of different views on the law established by the state with applicable Islamic law raises the pros and cons of implementing the legalization of abortion in Indonesia.  This study was conducted to find out how the legalization of abortion is based on considerations from the perspective of victims and human rights and how the views of Islamic law are related to abortion due to rape.  This study will focus on the legalization of abortion that occurs in cheating victims with the view of Islamic law which sees that all murders are sins.  This study uses an approach with a literature study method to obtain related data from reliable sources with continuous data management.  Abortion is carried out as a result of love in the view of Islamic law, in principle is not allowed because harm cannot be reciprocated by harm.  Although state law has legalized abortion for victims of sacrifice because the majority of religion in Indonesia is Islam.  But at the core of its application, any abortion carried out without medical conditions is not permitted.
Prospects of Trademark Registration To Recover The Economic of MSMEs Actors in Service Sector after The Pandemic Dedi Jaya; Hari Sutra Disemadi
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3504

Abstract

MSMEs are businesses that can be run by all people who want to start a business with small capital. Q, MSMEs have strategic role in building Indonesian economy. However, the growth  of MSMEs is experiencing a slump due to COVID-19. On March 11, 2020, WHO as a legal world health organization declared the COVID-19 as a pandemic. MSMEs have become solution to increase the welfare of Indonesian citizen, since the issue of welfare itself is not an easy to realize. To support MSMEs in increasing the welfare, it is necessary for the government to take action in pushing MSME actors to registrate their trademarks as part of intellectual property which is very important in the economic recovery. Based on these problems, this study uses non-doctrinal research methods to examine trademark regulation in Indonesia, the awareness of MSME actors on the importance of trademark protection, and the relation of trademark registration as an effort to recover the MSME economy after the pandemic. The result of this study indicates that the regulation regarding trademark protection is contained in Indonesian Trademark & Geographical Indication Law.  Additionally,  the study reveals that there are several MSME actors who aware that a brand must be protected because it is an intellectual property, but there are also MSME actors who do not aware about this issue. In fact, the urgency of trademark registration is considered to be the part of efforts in recovering the economy of MSMEs after the COVID-19 pandemic, this is because after registering the trademark, it automatically has economic value.
Perkembangan Delik Penodaan Agama Di Indonesia: Perspektif Historis Konstitusional Rossa Ilma Silfiah; Zulkarnain Zulkarnain
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3787

Abstract

The blasphemy offense in Indonesia is a strategic offense to be discussed in detail, historically and constitutionally. In this case religion is protected by the state, and religion is a guideline in society, nation and state, so that the existence of religion becomes the spirit of the formation of this country. Religious life cannot be separated from the discussion of religious freedom which is part of human rights. Freedom of religion in Indonesia is based on the First Precept of Belief in the One Supreme God, where freedom is freedom based on the values of religion that live in Indonesia. One's religious freedom will be face to face with the religious rights of others, so it requires rules to maintain common order. These religions include Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism which have been mentioned in the explanation of the Presidential Decree Law No. 1/1965 on the abuse/blasphemy of religion, and submits Article 156a to be part of Article 156 of The Criminal Code. The research uses normative legal research methods with historical and case approaches. The essence of the blasphemy regulation is to regulate harmonious religious life. This article will discuss the state's protection of religion and religious life from a historical-constitutional perspective as well as cases of blasphemy against religion that have occurred. By knowing some of the cases that occurred, both blasphemy against religion in the form of hate speech and the destruction of houses of worship, it will be easy to analyze the causal factors and solutions that must be carried out by both the government and the community
Visum Et Repertum Dalam Proses Pembuktian Perkara Pidana Pemerkosaan Ardhya Fauzah Fardhyanti; Puti Priyana
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3589

Abstract

Visum et Repertum is written by a doctor according to what he saw and found on living, corpses, or physical evidence and then analyzed based on his knowledge. Doctors are given the whole task at the time of making the visum et repertum as organizers in the field in facilitating the smooth running of the investigation, helping prosecutors determine the direction of the indictment, and making it easier for judges to find material truth in making decisions. This type of research is normative law research, a method to find the truth based on literature using legal literature materials, applicable laws and regulations, official documents, and other media to obtain data or theories related to the research problem product. The nature of the research used is descriptive, which seeks to describe the object or subject under study following what it is. Although, based on the Visum Et Repertum Number RSUPP.331/VER/61/XII/2020 dated December 10, 2020, no injuries were found, the Panel of Judges did not have to stick to the evidence for the Visum Et Repertum. Because experts or doctors are just ordinary people who are likely to make mistakes, judges are not required to follow the opinion of the experts or doctors if it is not follow what they believe. The power of Visum et Repertum is considered necessary in proving the crime of rape because it can the truth be found whether the crime occurred. However, Visum et Repertum cannot stand alone and must be supported by other valid evidence. For this reason, the author hopes that experts in investigations hope that victims of rape crimes must be neutral following the doctor's oath of office.
National Economy Recovery by Crowdfunding Policy as Alternative in MSME Financing Rudolf Haiti; Lu Sudirman
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3535

Abstract

The covid-19 pandemic has been affecting MSME actors significantly. One of the problems faced by MSME actors due to this pandemic, is difficulty in collecting business capital. Therefore, the Indonesian Government presents crowdfunding as a solution. The crowdfunding itself intends to strengthen MSME financially and encounter investors and MSME actors in one platform. Crowdfunding collects funds from the community and is managed by a crowdfunding provider institution. In this case, information technology-based crowdfunding is one of the MSME capital solutions during the COVID19 pandemic. This information technology-based crowdfunding provides alternative capital for MSMEs other than conventional banks and financing institutions, sourced from public funds (crowd funds). This study aims to provide an overview of how crowdfunding can be alternative funding in Indonesia and overcome MSME capital difficulties based on capital market laws and OJK regulations (The Indonesian Financial Services Authority). This legal research uses doctrinal research methods to analyze whether this crowdfunding policy can be an opportunity for economic recovery in Indonesia. The results of this study indicate that crowdfunding can be a funding solution in Indonesia and an alternative in economic recovery after the COVID-19 pandemic based on regulations issued by OJK in POJK (the Indonesian Financial Services Authority Regulation) Number 57 of 2020.
Status Kepemilikan Tanah Adat Yang Didaftarkan Secara Sporadik Di Kota Tual Ari Sadewo; Sri Susyanti Nur; Muhammad Ilham Arisaputra
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3553

Abstract

The Land Registration System according to Government Regulation Number 24 of 1997 does not include Customary/Ulayat Land as the subject of registration, but the Southeast Maluku Land Office registers customary lands sporadically through the First Registration mechanism, then the Tual City Government recognizes Larvul Ngabal as a customary law system by issuing a City Regulation Tual Number 04 of 2020 concerning Ratschap, Ohoi/Finua which was submitted to the Land Office of Southeast Maluku Regency is currently only owned by individuals/individual clans, with the stipulation that the conversion/proof of old rights is processed through the Recognition of Rights and the legal status changes from former land Customary rights become property rights that have legal force in accordance with the provisions of the legislation of the Unitary State of the Republic of Indonesia.
Desain Perlindungan Hukum Pada Pelayanan Perizinan Berbasis Standar Pelayanan Partisipatif Satu Pintu Sirajuddin Sirajuddin
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3975

Abstract

The Constitution guarantees the right for services, so that the government  is obliged to provide protection guarantee and legal certainty to each citizen in the government and public services. Ironically, the right for services is often taken away by the egoism of the state elites and the fading professionality among the government apparatus as the providers of services. Therefore, it is interesting to study a proper design of legal protection to the license service recipients based on one-stop    participatory licensing service standard  after the enactment of the Law on Job Creation. This study employed a juridical normative approach. The results showed that the legal protection to the citizens in providing the licenses is still covered by cost uncertainty, service time, and low satisfaction among the citizens to the licensing service. As  a result, it needs a strategy to strengthen the fulfillment of right for services by encouraging changes regulations into  responsive and progressive ones with  transparency  and professionality of service and accompanied by  cultural formation among the service apparatus ending in the legal protection to the licensing service recipients so that one-stop  participatory service standard may be attained
Pembinaan Dan Overcrowded Di Lembaga Pemasyarakatan Ahmad Agung Raharjo; Mitro Subroto
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3614

Abstract

A citizen who commits a criminal crime and is proven guilty until he has legal force will continue to serve the crime of missing independence in prison. Broadly speaking, this is a criminal justice system in Indonesia where because the system does not adapt to the development of the times and conditions in the field, this is making prisons as a post-final punishment for being overcrowded (excess occupants) and coaching does not run optimally based on the reasons above, this underlies the existence of the CBC concept, which is a type or alternative punishment program that is coaching in Indonesia, the concept is carried out when prisoners will serve the rest of their crimes with the concept of blending them into the community with certain conditions and supervision. This study aims to determine the extent to which the effectiveness of the role of CBC on coaching and overcrowded in prisons. This research method uses descriptive qualitative research by means of library research, namely by taking data from journal literature, documents, news and books that are relevant to the research core. The results of this study are that the CBC concept is very effective in helping overcrowded prisons and the coaching model is quite good even though there are obstacles in its implementation, such as not optimal infrastructure for inmates and obstacles in collaborating with 3rd parties as a place for the CBC implementation process. But this is worth the positive impact that is better with the application of this concept
Legalitas Komersialisasi Fanart Anime Jessy Wijaya; Yudi Kornelis
Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i2.3549

Abstract

The popularity of anime makes fans take an active role in their community, one of them is by commercializing anime fanart. The commercialization of anime fanart is rather an ambiguous problem, considering that there is no specific regulation about this matter, either in the Law No. 28 of 2014 on Copyright or Japan Copyright Act. The commercialization of anime fanart occurs because fan artists do not understand this matter. Anime fanart is a work produced by fan artist’s creativity with their own style as an element of originality and differentiating them from the original creator and other fan artist’s work, but on the other hand, anime fanart used pre-existing anime characters as their fanart inspiration. Fanart as a work that has elements of originality but not completely original make commercializing anime fanart an act that does not violate the rules. The purpose of this study is to compare the commercialization of anime fanart regulation between Indonesia and Japan. This study uses a normative juridical research method with a comparative law approach and a statute approach. The result of this study indicates that the commercialization of anime fanart has been implicitly regulated in Indonesia Copyright Act, as well as in Japan Copyright Act. In addition, Law No. 28 of 2014 on Copyright and Japan Copyright Act, both categorized the commercialization of anime fanart as an act of copyright infringement.

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