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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 7, No 2 (2024): Widya Yuridika: Jurnal Hukum" : 19 Documents clear
Peraturan Kepala Daerah Yang Diterbitkan Tanpa Dasar Hukum Herman, Hendra; Widowaty, Yeni
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4795

Abstract

This writing aims to examine the existence of Regional Head Regulations according to the hierarchy of laws and regulations in Indonesia and to find out how the force of law binds the material content of Regional Head Regulations which were formed without a legal basis. The research method used in this writing is normative legal research using a statutory approach. The results of the study show that regional head regulations are delegated legislation whose existence can only be recognized if ordered by higher laws and regulations and based on authority so that the contents of regional head regulations cannot conflict with the main regulations and/or regulations above them. The contents of the Regional Head Regulations that have been promulgated in regional news have binding legal force in general and must be obeyed by the public. Content material for Regional Head Regulations whose formation is not in accordance with statutory regulations may be subject to judicial review to the Supreme Court.
Legal Justice Of The Wage Rights Of Honorary Teachers In Indonesia Khoir, Alafa Nidaul
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5182

Abstract

Teachers are an important aspect of education because the success of students depends on the teacher's teaching. The welfare of honorary teachers in Indonesia is still a problem that must be resolved immediately. The low wages of honorary teachers in Indonesia cause many honorary teachers to take part-time jobs to meet economic needs. This research aims to seek legal protection for honorary teachers' wage rights, with the hope that honorary teachers have clear and definite legal protection so that honorary teachers can get wage rights commensurate with their hard work. This research uses normative legal methods. The results of this research show that there are still many cases of honorary teachers who are willing to work elsewhere to meet economic needs, some are even determined to sell illegal goods because of the low wages of honorary teachers. The absence of legal certainty governing salary schemes for honorary teachers is one of the causes of low wages for honorary teachers and also the absence of regulations that regulate honorary teachers.
Kontraktor Pertambangan: Sebuah Tinjauan Hak-hak Normatif Pekerja Buwana, Sudibyo Aji Narendra; Fardiansyah, Hardi; Rizkia, Nanda Dwi
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4990

Abstract

Normative provisions based on Chapter IV, Part Two of Employment, Article 25 Paragraph 3 of Law No. 6 of 2023 Concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation to become a Law that stipulates that annual leave is given at least 12 (twelve) working days after workers or laborers have worked for 12 (twelve) months continuously. The gap in das sein is that the provisions of Chapter IV, Part Two, of Employment Article 25, Paragraph 3, of Law No. 6th, 2023, apply to workers in the company. Researchers observe that there is a gap between das sein and dass sollen. The formulation of the problem is: what are the normative rights of workers, and what are the sanctions for companies that do not provide workers' normative rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical-juridical, which is closely related to the case approach. The source of legal material uses primary data, namely interviews and observations conducted by researchers by visiting the research site directly. Secondary data uses primary legal materials, namely applicable laws and regulations, secondary legal materials, namely books, journals, and relevant previous research results, as well as tertiary legal materials in the form of websites. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. Conclusions are drawn deductively. The result of his research is that the normative right to annual leave has not been implemented by the company. The conclusion is that the normative rights received by workers who are bound by PKWT at a Mining Contractor Services Company consist of economic rights, political rights, medical rights, and social rights. Sanctions for companies can be punishable by imprisonment for a minimum of 1 (one) month and a maximum of 12 (twelve) months and/or a fine of a minimum of Rp. 10,000,000.00 (ten million rupiah) and a maximum of Rp. 100,000,000.00 (one hundred million rupiah) in accordance with Chapter IV, Part Two of Employment, Article 68, Paragraph 1, of Law No. 6th, 2023, concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law.
Hukum Laut Internasional: Sebuah Hukum Progresif Terhadap Keimigrasian S, Hendra; Priyo Amboro, Florianus Yudhi; Hutauruk, Rufinus Hotmaulana
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5093

Abstract

The movement of people across countries has both positive and negative impacts on society. Globalization has changed the way humans move massively and quickly. Indonesia, as a country with a strategic geographical position between two continents and two oceans, plays a role as a center of human crossing. Indonesia's vast sea area is an important potential to be developed, and President Joko Widodo initiated the World Maritime Axis policy to drive the economy in the sea area. Government agencies in the sea area are part of the ecosystem that supports policies in the sea area. Policies related to law enforcement in the sea area continue to develop along with the expansion of activities at the border. Immigration has a strategic role because it regulates traffic at the state border, maintains state sovereignty, and supports the implementation of sea area policies. This research aims to evaluate the strategic role of immigration by applying a progressive legal theory approach and using normative legal research methods. Progressive law returns the law to its substantial purpose, so that legal changes should not eliminate the substance. This research aims to answer the challenges of the times by adapting the law in accordance with the purpose of the law. In the context of international law of the sea (UNCLOS 1982), this research looks at the strategic role of immigration in law enforcement in the sea area, including the territorial sea zone and additional sea zone. The cooperation of law enforcement agencies in the maritime area is key to maintaining state sovereignty and security at the border. This research contributes to the understanding of the strategic role of immigration in supporting Indonesia's territorial sea policy.
Tata Ruang Wilayah: Meaningful Participation Dalam Pembentukan Peraturan Andriyansyah, Fahrudin; Azmani, Muhammad Usman Syahirul
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4878

Abstract

Community involvement and participation are very important in the drafting of regional regulations. If involvement and participation are neglected, the consequences will have an impact on the formal legitimacy of the regional regulations. The legalized of Malang City Regional Regulation Number 6 of 2022 on the Spatial Planning for the City of Malang for 2022-2042 in its development raises a big question,  has the community been involved? Even if the community is involved, to what extent has this involvement been carried out? Does it meet reasonable eligibility criteria? The purpose of this study is to find out and analyse the application of meaningful participation in the establishment of Malang City Regional Regulation Number 6 of 2022 on Spatial Planning for Malang City for the 2022-2042 period. The research method used by the author is empirical legal research by conducting direct interviews with the Chairperson Regional Representative Council of the Malang City and Deputy Mayor of Malang in the Field of Economics and Development. The stages of preparing the Malang City Regional Regulation Number 6 of 2022 on Spatial Planning for the City of Malang for 2022-2042 include the stages of planning, preparation, discussion, evaluation, determination and publication. The implementation of meaningful participation in the formation of the Malang City Regional Regulation Number 6 of 2022 on the Malang City Spatial Plan for 2022-2042 was not carried out properly because the documents for forming the a quo Regional Regulation were prepared by the Malang City DPRD and the City Government.
Mitologi Perkawinan Dayak Tobag Seko, Salfius; Soa, Alfonsus Hendri; Negara, Purnawan Dwikora
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5906

Abstract

This article reviews the implementation of the marriage traditions of the Dayak Tobag traditional community in Tayan Hilir District, Sanggau Regency from a socio-anthropological perspective which is still maintained today. The aim is to identify, describe and explain marriages in the Tobag Dayak sub-tribe from a socio- anthropological perspective in Tebang Benua Village, Tayan Hilir District using empirical legal research methods to see the types of traditional marriages carried out by the Tobag Dayak indigenous community. Indigenous peoples often have deep reasons for maintaining traditional marriages and rituals. Indigenous peoples tend to highly value their traditions and cultural heritage. Weddings and traditional rituals are an integral part of their cultural identity that has been passed down from generation to generation. Maintaining traditions is considered a way to honor ancestors and maintain the integrity of their culture. From the results of this research it can be revealed that there are 4 types of Tobag Dayak traditional marriage ceremonies, namely: hanging marriage customs, simple marriage customs, ordinary marriage customs, and large wedding customs
Eksistensi Tanah Ulayat Suku Bunggu di Provinsi Sulawesi Barat M, Herianto; Lahae, Kahar; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5012

Abstract

This research aims to analyze the regulation of the use of the customary land of the Bunggu Tribe Customary Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province and to analyze the role of the Regional Government of Pasangkayu Regency in terms of recognizing and protecting the customary land of the Bunggu Tribe Customary Law Community. This research is an empirical type of research, the location of this research was carried out in Pakawa Village, Pasangkayu Regency, West Sulawesi Province. The results of the research show that the regulation of the use of the customary land of the Bunggu Tribe Customary Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province, is still being regulated using customary mechanisms, meaning that every person who owns or will manage land must have the knowledge of the traditional stakeholders. And the role of the Regional Government of Pasangkayu Regency in terms of recognizing and protecting the customary land of the Bunggu Tribe Traditional Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province, is only limited to recognizing the existence of the Bunggu Tribe culturally and customarily, not yet providing legal or regulatory recognition through Regional Regulations ( Regional Regulation).
Classification Of Mediators In The Practice Of Penal Mediation With A Restorative Justice Approach After A Traffic Accident Arifin, Zainal; Fimaulidina, Noor Rizqiya
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5096

Abstract

Traffic accidents are a disturbing problem for road users, can cause material and immaterial losses, and are one of the criminal cases that can be resolved through mediation. Penal mediation is a way of handling criminal case disputes involving victims and perpetrators, as well as third parties, namely mediators, without eliminating the principles of restorative justice. The research objective in this article is to examine how mediators are classified based on their role in post-accident criminal mediation mechanisms and examine the juridical basis for implementing criminal mediation in handling traffic disputes. This article uses a juridical-normative research method with a statutory and conceptual approach. The results of this study are, first, that the principle of restorative justice contained in penal mediation has been carried out by the police using the right of discretion contained in the Letter of the Chief of Police Number Pol: B/3022/XII/2009/SDEOPS dated 12/14/2009 concerning handling cases through alternative dispute resolution (ADR). Second, there is no explicit regulation governing penal mediation, but implicitly it has been regulated in Article 1, Number 7, of Law No. 11 of 2012 concerning Juvenile Justice, which is better known as diversion.
Cyber Notary Dalam Pembuatan Akta Kadir Salmudin, Andi Muhammad; Sakharina, Iin Karita; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.4969

Abstract

This study aims to analyze the implementation of cyber notary services in Makassar City and to analyze the inhibiting factors for implementing cyber notary services in making deed in Makassar City. This research is an empirical research type, the location of this research was conducted in Makassar City, South Sulawesi Province.  The results of the study show that the application of cyber notary services to date has not had a notary in Makassar City who has made a notary deed using the cyber notary system because a notary does not have the authority granted by law to make it. The authority granted by UUJN is limited to the authority to certify transaction activities between notaries and appearers, including data collection. But not for the Notary's authority as a whole, namely the preparation of authentic deeds or the making of authentic deeds. The existence of legal implications for the delay in implementing cyber notary services is due to the ambiguity of norms (inconsistency) regarding Article 16 paragraph (1) letter m UUJNP 2014 with Article 15 paragraph (3) UUJNP 2014 which has implications for the implementation of a notary's authority such as the application of cyber notary in making deed authentic. Including the existence of several existing laws, namely: Article 1 paragraph (7) UUJN; Article 16 paragraph (1) letter m UUJN; Article 1868 Civil Code; and Article 5 paragraph (4) of the ITE Law which has legal implications for delays in the implementation of cyber notary services. So that if a notary insists on making an authentic deed in a cyber notary way, it will result in the degradation of the authentic deed into an underhanded deed.

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