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[Pelaku Pedofilia: Hukum Positif Atas Kasus Kekerasan Seksual ]]>
<![CDATA[Priskilla Velicia Ong]]>;
<![CDATA[Ariawan Gunadi]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4268
<![CDATA[Cases of pedophilia crimes are widely heard in the news. Pedophilia is a sexual disorder that has the desire to have sex with children under the age of 13. In addition to having sex, other pedophiles are satisfied by watching child pornography which is spread on prohibited sites and joining sexual deviation groups to make video calls for sex. If they do not have direct sexual intercourse, the pedophile can satisfy his lust by interacting online with the victim in the form of erotic chat, sending pictures and videos, and audio that triggers sexual arousal. The object of pedophilia itself is minors and does not look at gender. The type of research used in this article is normative by utilizing laws, pedophilia books, and mass media in the form of articles. Research data shows that there is confusion in convicting a pedophile. This is because pedophilia can be classified as a mental disorder, psychological condition, or more towards sexual orientation. This deviant behavior will certainly damage the growth and development of a child as a future generation. This deviant behavior must be stopped. When the perpetrator begins to realize there is a sexual disorder, the perpetrator must consult his condition to a psychologist. If this deviant act damages and harms other people, the perpetrator must undergo severe sanctions. Because the perpetrator takes the opportunity to deceive and damage someone's morale.]]>
<![CDATA[Penegakan Hukum Administrrasi Pengelolaan Lingkungan Hidup di Lokasi Pertambangan ]]>
<![CDATA[La ode Munawir]]>;
<![CDATA[La Ode Bariun]]>;
<![CDATA[Suriani BT Tolo]]>;
<![CDATA[Muhamad Karnoha Amir]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4132
<![CDATA[The surveillance provided by the energy service and mineral resources inspector of the southeast province of sulawesi in 2019 revealed mining operations that had not taken a good look at contamination prevention and environmental damage. Problem 1) how does the management of the environment at the mine location in northern stick 2) how does improving the management of the environment at mine location in northern stick. The purpose of research 1) to analyze the management of the environment at the mine location in northern konawe 2) to analyze the improved management of the environment at the mine location in northern konawe. The type of empirical legal research for primary data in interviews and observations supported by secondary data. The results of environmental management research have been carried out by authorities from the elements inspector of the ward service mine through the development and control of the operation of the mining operations. Through the phasing procedures, fines and penalties of the mining stops. The control and development of the 2021-2022 found two mining companies in violation of the code of mining law.]]>
<![CDATA[Pemalsuan Tanda Tangan Kredit Bank Dalam Pengikatan Hak Jaminan Atas Kebendaan Milik Orang Lain ]]>
<![CDATA[Syesil Ramaliza Husna]]>;
<![CDATA[Taupiqqurrahman Taupiqqurrahman]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4432
<![CDATA[Civil law is one of the many positive laws that are actively enforced in Indonesia, which is a constitutional state governed by a wide variety of positive laws. What is more often referred to as "private law" is more accurately described as "civil law," which is a body of legislation that controls many sorts of laws linked to individual interests. In civil law, we often encounter phrases linked to deeds that are illegal (PMH). The very definition of an illegal conduct is one that goes against the law and results in negative consequences for other people. The forgery of bank credit signatures, in which there is a guarantee right for material that belongs to another person and which results in losses for the party that is involved, namely the owner of the property rights to the item, is one of the things that are connected to this illegal crime. When it comes to researching and producing this essay, a qualitative legal research technique was used alongside a statutory approach and a case approach. According to the findings of this research, creditors and borrowers have both participated in illegal behavior. The purpose of this writing is to find out the legal repercussions that are associated with bank credit that was obtained from the act of forging a signature in which there is a guarantee of material that belongs to another person. This credit can be said to be invalid because it does not meet the legal requirements of an agreement, and the debtor is obligated to make up for any losses that were sustained, in addition to being responsible for returning collateral that does not belong to the debtor.]]>
<![CDATA[Legalitas Pengaturan Kepesertaan BPJS Kesehatan Sebagai Syarat Pelayanan Publik ]]>
<![CDATA[Moh. Hasyim]]>;
<![CDATA[Nurmalita Ayuningtyas Harahap]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4174
<![CDATA[The purpose of this study is to find out and analyze how the legality of BPJS Health membership arrangements is a condition of public service. The research method used covers, first, this type of research is normative juridical research which is based on primary and secondary legal materials. Second, the review is carried out using a conceptual approach (conceptual approach) and statutory approach (statute approach). Third, this research is a library research. The results of this study state that administrative sanctions in the form of not providing public services because they are not registered as BPJS participants have fulfilled the legality principle, because they have been regulated in Article 17 of the BPJS Law which is then regulated further in PP 86 Number 2013, while Presidential Instruction 1 of 2022 is a guideline that apply internally to implement the two regulations. However, in accordance with the principle of legality, based on the attribution of authority granted by Article 17 paragraph (5) of the BPJS Law, PP 86 Number 2013 only regulates the procedure for imposing administrative sanctions, does not regulate the determination of membership in the JKN program as a requirement for obtaining public services as well as mentioning the types of The types of public services referred to, and both of these things should be regulated in law.]]>
<![CDATA[Law Enforcement On Criminal Acts Of Fuel Oil Distribution Illegally Subsided ]]>
<![CDATA[Achmad Surya]]>;
<![CDATA[Suhartini Suhartini]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4090
<![CDATA[Misuse of distribution of fuel oil (BBM) often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data obtained through library data in the form of primary legal materials, namely binding regulations, secondary and tertiary materials. Research results show, law enforcement against the illegal distribution of subsidized fuel oil (BBM) has never been carried out by the Central Aceh Resort Police, due to the absence of reports from the public. The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency, First. Supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of Public Fuel Filling Stations (SPBU). Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.]]>
<![CDATA[Copyright Protection of Podcast-Based Audiobooks Adapted by Third Party Without Permission on Digital Platform Based on Indonesian Positive Law ]]>
<![CDATA[Salma Alifya Khairunnisa]]>;
<![CDATA[Rika Ratna Permata]]>;
<![CDATA[Sudaryat Sudaryat]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4451
<![CDATA[Podcasts are basically digital audio content that is much loved by the public and audiobooks become one of the contents that have recently been incorporated into podcast content on a digital platform. The presence of this podcast-based audiobook raises a new problem in copyright related to its adaptation. This study aims to examine legal protection regarding podcast-based audiobooks from the perspective of copyright based on Indonesian Copyright Law and ITE Law. Furthermore, this study was also conducted to analyze the act of adapting books into podcast-based audiobooks on a digital platform carried out by content creators without the permission of the creators or copyright holders. This study uses normative juridical approach with descriptive specifications. The normative juridical approach is carried out by exploring legal theories and principles as well as applicable laws and regulations. This study describes legal problems that occur in society and is analyzed based on the applicable laws and regulations. The result of the study shows that copyright protection for podcast-based audiobook content has been regulated in several articles in the Copyright Law, including Article 40 paragraph (1) and Article 9 paragraph (1) regarding the right to adapt a creation. In addition, the act of adapting and uploading without permits made by content creators on a digital platform is considered to have violated the provisions of Article 9 of the Copyright Law and Article 25 of the ITE Law. ]]>
<![CDATA[Praktik Pemenuhan Kewajiban Kelaiklautan Kapal Kargo Oleh Pengangkut Terhadap Ancaman Cyberattack ]]>
<![CDATA[Stephen Wongso]]>;
<![CDATA[Sinta Dewi Rosadi]]>;
<![CDATA[Purnama Trisnamansyah]]>;
<![CDATA[Fauzi Maulana Hakim]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4242
<![CDATA[Cyberattack issue in the shipping industries which was happened through some incidents towards ships, made the protection of cargo owners need to be reviewed. The seaworthiness obligation which interpreted as a means for a vessel to be fit to face the foreseeable perils in a voyage, makes cyberattack create its own discourse. This should not be separated with the cyberattack threat which has not been understood as an ordinary peril of a voyage. Moreover, the regulations in Indonesia which does not adopt the Hague-Visby Rules 1924, makes the industry fully rely on the Indonesian Shipping Law as a legal basis. The normative juridical research method makes the emphasis of the research on the use of library sources. The research specification uses an analytical descriptive that describes a literature study on the obligation of seaworthiness in dealing with the threat of cyberattack both in practice and regulation. The results of this study found that, first, the implementation of due diligence by the carrier in order to fulfil its seaworthiness obligations must also be applied to deal with the threat of cyberattack. The nature of the cyberattack that attacks the ship's information systems and technology, should make this attack predictable in a voyage. Moreover, the carrier's compliance with the cyber risk management guidelines on the ship should make the carrier declared to have fulfilled its seaworthiness obligations. Second, there is a legal vacuum in Indonesian positive law in regulating seaworthiness obligations in the face of cyberattack threats. Moreover, the legal gap between Indonesia's positive law and the 1924 HVR makes it difficult for Indonesian practitioners to follow global standards.]]>
<![CDATA[Perlawanan Pihak Ketiga Pemegang Sertifikat Hak Pakai Atas Sita Eksekusi Tanah Sriwedari ]]>
<![CDATA[Azmi Hawari Sunny]]>;
<![CDATA[Artaji Artaji]]>;
<![CDATA[Betty Rubiati]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4097
<![CDATA[Third party resistance according to Article 195 Paragraph (6) of HIR regulate the legal standing of the applicant party, namely based on rights of ownership. However, the Surakarta City Government filed a third party resistance based on the ownership of Right of Use. Therefore, this research aims to analyze the resistance of third party filed based in the ownership of Right of Use and the settlement of Sriwedari land dispute. This research is based on a normative juridical approach and then analyzed by qualitative juridical methods. The result of the research shows that a third party resistance based on the ownership of rights other than rights of ownership can be accepted as the legal standing of the party. However, the legal standing of the Surakarta City Government as applicant of third party resistance was not met subjective requirements. Futhermore, Sriwedari land disputes can be resolved through non-litigation dispute resolution by negotiation or mediation. Using this dispute resolutions, the parties obtain legal certainty in resolving Sriwedari disputes without any party feel defeated, minimize losses and social impacts.]]>
<![CDATA[Kedudukan dan Perlindungan Hukum Tenaga Bantu ]]>
<![CDATA[Intan Fradila Pancawati]]>;
<![CDATA[Amanda Rizkina Wirawati]]>;
<![CDATA[Andre Bagus Saputra]]>;
<![CDATA[Nurmalita Ayuningtyas Harahap]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4453
<![CDATA[The need for employees in government agencies is problematic due to the lack of recruitment formations for Civil Servants and Government Employees with Work Agreements (PPPK) causes the appointment of auxiliary employee through governor regulations in Yogyakarta Special Region to fill formations or positions in government administration. However, the existence of auxiliary staff employees is not clearly regulated in the employment law. Furthermore, it is needed to find the status, position and legal protection of Auxiliary Personel staff. This study aims to analyze, provide clarity and solutions regarding the status of the position and legal protection, based on Government Regulation No. 49 of 2018 concerning Management of Government Employees with Work Agreements in Yogyakarta Special Region. The method used in this research is empirical juridical by conducting interviews and statute approach. The conclusion of this study is that the Governor's Regulation on the Management of Auxiliary Personnel is invalid and null and void which resulted in unclear status and position of auxiliary staff within the Yogyakarta Special Region Government. Moreover, the legal protection for auxiliary personnel is not yet maximized and Auxiliary personnel should be given the same protection as PPPK for the same workload and work responsibilities.Kebutuhan akan pegawai di instansi pemerintah mengalami problematika dikarenakan kurangnya formasi recrutmen Pegawai Negeri Sipil dan Pegawai Pemerintah dengan Perjanjian Kerja (PPPK), hal ini menyebabkan Pemerintah Daerah Istimewa Yogyakarta melalui peraturan gubernur melakukan pengangkatan tenaga bantu guna mengisi formasi atau jabatan dalam penyelenggaraan pemerintahan. Meskipun demikian sampai saat ini pegawai tenaga bantu keberadaannya tidak diatur secara jelas dalam aturan hukum kepegawaian, sehingga diperlukan untuk menegaskan status dan kedudukan serta perlindungan hukum bagi tenaga bantu itu sendiri. Penelitian ini bertujuan untuk menganalisis dan memberi kejelasan mengenai status kedudukan dan perlindungan hukum, berdasar Peraturan Pemerintah Nomor 49 tahun 2018 tentang Manajemen Pegawai Pemerintah dengan Perjanjian Kerja serta memberikan solusi bagi permasalahan tenaga bantu Pemerintah Daerah Daerah Istimewa Yogyakarta. Metode yang digunakan dalam penelitian ini yaitu yuridis empiris dengan melakukan wawancara dan pendekatan peraturan perundang-undangan. Kesimpulan dari penelitian ini yaitu Peraturan Gubernur tentang Pengelolaan Tenaga Bantu adalah tidak sah dan batal demi hukum yang mengakibatkan tidak jelasnya status dan kedudukan tenaga bantu dilingkungan Pemerintah Daerah Istimewa Yogyakarta, dan perlindungan hukum kepada tenaga bantu belumlah maksimal karena masih terdapat ketidakpastian hukum bagi tenaga bantu yang mana seharusnya tenaga bantu memiliki perlindungan yang sama dengan PPPK karena memiliki beban kerja dan tanggungjawab kerja yang sama.]]>
<![CDATA[Perjanjian Utang Piutang Yang Terdapat Klausula Memberatkan ]]>
<![CDATA[Ahmad Fadly Haryadi]]>;
<![CDATA[Nurfaidah Said]]>;
<![CDATA[Marwah Marwah]]>
<![CDATA[ Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i2.4245
<![CDATA[Legal protection for debtors in debt agreements that contain burdensome clauses. This study aims to analyze the binding legal force of a debt agreement that contains onerous clauses. This research is normative juridical, by analyzing the applicable laws and regulations and other literature related to this research. The results of this study indicate that the contents of the debt agreement deed containing a burdensome clause on the debtor can be considered invalid and null and void by law. The act of agreement in providing guarantees in the form of land plot certificates is not accompanied by an APHT as stipulated in Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects (UUHT) which makes pledging the land invalid and the creditor does not have the right to the collateral. In addition, the contents of the agreement have violated the provisions of the vervalbeding principle, namely in Article 6 of the agreement deed. But it does not necessarily delete the principal agreement and the debtor's obligation to pay off his debt to the creditor because based on the provisions of Article 1338 of the Civil Code, agreements made by the law, namely the legal terms of the agreement in Article 1320 of the Civil Code apply as a law for the parties who make it. Errors in doing the agreement deed so that there is a clause burdening the debtor makes the authentic deed of the agreement turn into a private act by the provisions of Law Number 30 of 2004 concerning the Position of Notary Public (UUJN).]]>
