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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 20 Documents
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Search results for , issue "Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum" : 20 Documents clear
Kedudukan Tindak Pidana Korupsi Dalam Sistem Hukum Pidana Indonesia Azizy, Ahmad Nur; Parmono, Budi; Muhibbin, Moh
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4649

Abstract

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses a type of normative legal research in the form of library research which uses three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of a qualitative descriptive research. The results of the research show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). Apart from that, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The crime of corruption is also called a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The criminal procedural law for corruption that is applied is lex specialist in nature, i.e. there are deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.
Rusunami City Garden: Aspek Hukum Ketersediaan Air Bersih Yuda, Ikbal; Suwandono, Agus; Pratiwi, Agus
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4785

Abstract

This study aims to determine the implementation of the government's role in fulfilling clean water infrastructure at Rusunami City Garden Cengkareng in relation to the Consumer Protection Law and to determine the responsibility of the developer of Rusunami City Garden Cengkareng to consumers due to the non-fulfillment of clean water infrastructure reviewed based on the Consumer Protection Law. This study uses a normative juridical approach with descriptive analytical research specifications. The research was carried out using library research using primary, secondary, tertiary legal materials and field research using interviews and observations. The collected data will be analyzed using qualitative analysis methods. The results of this study are that the government does not play a role in the provision of clean water in the Cengkareng City Park Rusunami as evidenced by the existence of consumer problems. This is due to the shifting of authority between the central and regional governments so that the problem becomes protracted and the lack of oversight by the local government. Second, the developer's responsibility concerns public law and civil law. Public law is related to the state while data is related to consumers. Developers have met the elements of accountability for business actors regulated in Article 19 UUPK. Looking at the current needs where civil liability is the accountability most needed so as to facilitate accountability it is carried out by asking for criminal accountability first. Then followed by civil and administrative accountability.
Mahkamah Konstitusi Setengah-Hati: Final tetapi Tidak Mengikat dalam Kewenangan Pengujian Konstitusional Kishan, Marcelino Ceasar; Rauta, Umbu; Alves de Sousa, Freidelino Paixao Ramos
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4678

Abstract

This article aims to discuss the bindingness of constitutional review decisions of the Constitutional Court of the Republic of Indonesia (MKRI). In particular, this article looks at the relevance between the grand design of the nature of the MKRI decision in Article 24C paragraph (1) The 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) with the practice of constitution disobedience. Based on that issue, this article argues that the MKRI is designed not to have a final and binding decision, but only final decisions. Because based on the Supremacy-of-Text Principle which is coherent with the concept of applying law based on regulations in the Rule of Law, the non-appreance of binding phrases in Article 24C paragraph (1) of the 1945 UUD NRI 1945 makes the decision of the Constitutional Court in the authority of constitutional review has no binding legal force. Grammatical argumentation comes from interpretation with original meaning and textualism methods which find that the word final does not mean binding due the two words stand separately. By drawing on the concepts of strong-form judicial review and weak-form judicial review, the non-binding nature of MKRI decisions can legitimize the disagreement. Because the indecisivenesss of the Constitution establish a half-hearted form of MKRI, namely the partial weak-form judicial review. Thus, the form of MKRI is a strong and weak-form judicial review that makes MKRI decisions can be opposed. This article uses normative research methods with conceptual approach, statutory approach, and comparative approach.
Kedudukan Hukum Adat: Sebuah Perbandingan Hukum Positif di Beberapa Negara Mulyoto, Galih Puji; Mulyono, Galih Puji; Laila, Khotbatul; Budiastanti, Dhaniar Eka; Bidasari, Anindya; Wisuda, Selvia
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4569

Abstract

The existence of customary law in positive law often creates ambiguity in the implementation of law enforcement and legal sources. There is a problem here with this principle placing customary law as a source of law. The purpose of this paper is to provide input on the position of customary law in positive law in Indonesia by comparing several Anglo-Saxon and civil law countries. This research method uses normative legal research with a comparative approach. The results and discussion in this study describe the position of customary law in Indonesia, the Philippines, Malaysia, and Brunei Darussalam. The positive laws of these countries regulate the position of customary law in its position as a source of law and law enforcement. Customary law in the Philippines is a dispute resolution tool related to community problems with customary law so that there is no overlap in the enforcement of laws and regulations. Customary law in Malaysia is not codified in the customary law, it is codified in the law. Courts do not play a role in the development of customary law. Customary law is also developed by the courts. Positive law that applies to all society positive law applies to all society. Brunei Darussalam still lives in society and is still widely used positive law is the law that applies to all communities and customary law is the main source of law in Brunei Darussalam.
Konsep Pentahelix Pada Pemberdayaan Usaha Mikro dan Kecil Elvetta, Shisca; Murwadji, Tarsisius; Mulyati, Etty
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4759

Abstract

Empowerment according to Article 1 Number 8 of the MSME Law, is defined as an effort by the central government, regional governments, the business world, and the community in a synergistic manner. However, the fact that the implementation of the empowerment of digital micro and small enterprises (MSEs) in the marketplace by these stakeholders has actually become an inhibiting factor for the success of the programs carried out. As a result, the empowerment of the implementation program has not provided optimal results for the development and growth of digital MSEs in the marketplace. This research is based on a normative juridical approach and then analyzed by qualitative juridical methods. The specification of this research is analytical descriptive in order to describe the relationships between relevant stakeholders in providing support for the digital MSE empowerment program in the marketplace which is reviewed based on regulations and implementation in practice. The results of this study found that, first, the implementation of digital MSE empowerment in the marketplace by the government, the business world, universities, and communities is still partial and sectoral, resulting in overlapping programs. Second, the application of the Pentahelix concept to efforts to empower digital MSEs in the marketplace can be done by establishing the Pentahelix Institution, which is an entity that forms cooperative relationships between five stakeholders, consisting of the government, the business world, academia, the public, and the media. Furthermore, the formation of these institutions needs to be set forth in the form of laws and regulations.
Perlukah Pekerja Migran Indonesia Dilindungi? Anggriani, Riri; Arfanita, Arfanita
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4654

Abstract

The provincial government has the duty and responsibility to protect Indonesian migrant workers (PMI), especially those from their respective regions. This research is very important because the provincial government is the main determinant of improving PMI protection governance in their area. Protection of PMI is needed because PMI continues to experience various problems, including illness in the country of placement, the period of stay and work permits having expired, experiencing abuse, unpaid wages, migrant workers being pressured to pay compensation from the departing agent, leaving illegally, working without wages, victims of termination of employment, not having placement agreements and work agreements, being recruited illegally, not having complete documents, and not receiving job training. This study aims to determine the duties and responsibilities of the Regional Government of Central Sulawesi Province in protecting migrant workers in their area. The research method used is empirical legal research, starting with the stages of literature study, data collection, interviews, and legal analysis. The results of the study show that the Regional Government of Central Sulawesi Province has carried out its duties and responsibilities to protect PMI. However, of the nine obligations mandated by the PMI protection law, the Regional Government of Central Sulawesi Province still has two that have not been fulfilled, namely: point a) organizing education and job training by accredited government and/or private educational institutions and job training institutions; and point g) providing and facilitating training for PMI candidates through vocational training, whose budget comes from the education function. This is constrained by limited local budgets. Regional funding is more focused on public health as a result of the COVID-19 pandemic and still relies on data from BP2MI.
Enhancing Auction Execution: Implementation Strategies For Collection Rights Auction Objects Efrianza, Efrianza; Busro, Ahmad; Silviana, Ana
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4786

Abstract

Banking institutions play a crucial role in facilitating access to additional capital for businesses. As creditors, banks provide credit loans, and borrowers must fulfill certain conditions set by the bank to secure the loan. However, the transfer of claim rights through auctions, specifically for billing rights in the form of receivables, presents potential challenges. After the auction, the debtor becomes connected to the auction buyer as the new creditor, which may lead to irregularities in credit payments and potential losses for the bank. This research focuses on addressing the issues surrounding the execution of credit auctions and the subsequent management of non-performing loans. By examining different types of auctions, including execution auctions, district court execution auctions, and voluntary non-execution auctions, we aim to identify potential problems and devise effective strategies for credit recovery. Our findings will provide valuable insights for banks to mitigate risks, restore credit performance, and optimize loan recovery processes.
Perlukah Akta Notaris Ditanda Tangani Bersamaan? Tandiari, Samuel; Sitorus, Winner; Aswan, Muhammad
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4702

Abstract

This study aims to evaluate and The notary public are forbidden to sign consecutively and to evaluate and analyze the legality and legal certainty of the date of notarial deed signed not simultaneously by the appearers. This research is a type of empirical research, the location of this research was conducted in Makassar City and North Toraja Regency, South Sulawesi Province. The research results show that. The legal implication of signing a notary deed that is not carried out simultaneously by the appearers before a Notary is that it can degrade the authentic deed made by the Notary into an underhanded deed as referred to in Article 16 paragraph (1) letter m, paragraph 9 jounto Article 44 UUJN. Because the signing of the deed simultaneously by the parties, witnesses, and the Notary is an obligation required by UUJN. So that if this is not done, it will result in an authentic deed made by the Notary being defective from the way the deed is made and becomes a deed under the hand. And the legality and legal certainty regarding the date of notarial deed that was not signed simultaneously by the appearers is that a notary should also be aware that the product of the deed is interpreted as an effort by the state to create legal certainty and protection for the general public. So that the negligence and mistakes made by the Notary will result in the degradation of the authentic deed he made into a private deed so that he can be subject to civil liability, where the party who suffers a loss can demand reimbursement of costs, compensation and interest from the Notary concerned.
Mafia Tanah di Indonesia: Tinjauan Hukum dan Pemberantasannya Amin, A. Miftahul
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4594

Abstract

The regulation of land mafia eradication in Indonesia in positive law applicable in Indonesia has been regulated in the codification of Criminal Law, Civil Law, and Administrative Law, where all of them also apply procedural law in the framework of legal efforts in the settlement of land mafia eradication in Indonesia, both non-litigation/Alternative Dispute Resolution (ADR) settlement efforts involving mediators, adjudicators, conciliators, and arbitrators, as well as litigation involving parties/law enforcement agencies ranging from the police, prosecutors, to the court. In the level of practice on the legal consequences of the prevention and eradication of land mafia in Indonesia, in this case there is a significant positive legal effect on the legal efforts to prevent and eradicate the land mafia in Indonesia although it must continue to be improved both in terms of more specific laws and regulations, or in the spirit of law enforcement and land administration bureaucracy/land policy officials.
Enhancing Students Anti-Corruption Competence Through Corruption Prevention Campaigns In Social Media Nurhana, Riza; Muntaha, Muntaha
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4777

Abstract

Anti-corruption education courses were given to tertiary level students in Indonesia as an insertion or independent course to meet the challenge in reducing the number of corruptions from educated citizens. Although it does not guarantee that students will not commit acts of corruption in the future, through this anti-corruption education students are expected to be able to realize and understand behavior that leads to corruption and its consequences; so that students have choices and considerations to not commit acts of corruption. One of the learning methods used in anti-corruption courses is anti-corruption campaigns through social media. This method seeks to accommodate students' preferences for digital media, especially social media, and appreciates students' creativity in translating anti-corruption concepts through the perspective of young people. This study uses the Classroom Action Research (CAR) design by Kemmis and Mc. Taggart which was successfully delivered in 1 cycle consisting of planning, implementation/ acting, observing and reflecting stages. The research was carried out in the odd semester of the 2022/2023 academic year from September to November 2022 with the research subjects were the 5th semester students of the Academic Stage of Nursing Education Study Program consisting of 44 students. The results of the study indicated that learning methods that utilized social media in campaigning against corruption were able to increase students' understanding about corruption, corrupt behavior, anti-corruption values and improve students' abilities in making posters or videos. In addition, the methods were also able to improve the students’ motivation in learning during anti-corruption education class

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