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.
Articles
242 Documents
<![CDATA[Desain Perlindungan Hukum Pada Pelayanan Perizinan Berbasis Standar Pelayanan Partisipatif Satu Pintu ]]>
<![CDATA[Sirajuddin Sirajuddin]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3975
<![CDATA[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]]>
<![CDATA[Pembinaan Dan Overcrowded Di Lembaga Pemasyarakatan ]]>
<![CDATA[Ahmad Agung Raharjo]]>;
<![CDATA[Mitro Subroto]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3614
<![CDATA[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]]>
<![CDATA[Application of the Fair Use Principle to Songs Modified on Digital Platforms Based on Positive Law in Indonesia ]]>
<![CDATA[Elsha Yoleda]]>;
<![CDATA[Rika Ratna Permata]]>;
<![CDATA[Tasya Safiranita Ramli]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.3886
<![CDATA[The song entitled "Masker dan Vaksin" released by Satuan Tugas Penanganan COVID-19 on YouTube is a modified song from the song "Galih dan Ratna" by Guruh Sukarno Putra. In addition, Indomusikgram creates video content on TikTok entitled "Tips Jaga Kesehatan" by modifying the song "Ampar-ampar Pisang" which was created by Hamiedan AC. The song contains a message to the public about preventing the COVID-19 virus. This research will focus on legal protection for the creators of modified song in digital platforms based on Law No. 28/2014 concerning Copyright. Furthermore, this research was also conducted to determine whether the fair use principle can be applied in modifying songwriting works on digital platforms based on Law Number 19/2016 concerning Information and Electronic Transactions. The writing method used is a normative juridical approach. This writing uses descriptive analytical writing specifications. In this writing phase is also done by writing literature by reffering to the laws and regulations, literature and other relevant documents. The results of this research shows that songwriters have the right to include their names in uploaded content on YouTube and TikTok by Indomusicgram and Satuan Tugas Penanganan COVID-19 based on Article 44 of Law No. 28/2014 concerning Copyright. Creators also have the right to refuse if they object to the modification of the song that occurs. Furthermore, the ITE Law does not regulate the principle of fair use of copyright. So it can be concluded from Article 25 of the ITE Law, the application of the principle of fair use to song copyrighted works modified on digital platforms during the COVID-19 pandemic still refers to the Copyright Law.]]>
<![CDATA[Publication Of Unanonimized Decisions On Cases Which Trials Have Been Closed ]]>
<![CDATA[Tantri Caesar Casanofa Bahtiar]]>;
<![CDATA[Musakkir Musakkir]]>;
<![CDATA[Anshori Ilyas]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.3820
<![CDATA[This study aims to analyze the implications of publishing decisions that are not anonymized in cases where the trial is carried out in private which results in harm to others, both material and immaterial losses. parties involved in a case. Also, legal remedies that can be taken by parties who feel aggrieved by not anonymizing the decisions that have been published in the decision directory, by which the party can file an objection or report to the relevant court. The results of the study found that the parties who felt aggrieved by not anonymizing the decisions that had been published in the decision directory, or can file an objection or report to the court and the complaint/report will be forwarded to the Supreme Court, and the Supreme Court will follow up through the Supervisory Body at the Supreme Court. court based on unlawful acts of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively. or can file an objection or report to the court and the complaint/report will be forwarded to the Supreme Court, and the Supreme Court will follow up through the Supervisory Body at the Supreme Court. court based on unlawful acts of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively. parties who feel aggrieved by not anonymizing the decision can file a claim for compensation to the court based on an act that violates the law of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively. parties who feel aggrieved by not anonymizing the decision can file a claim for compensation to the court based on an act that violates the law of Article 1365 BW. The type of research is empirical legal research, data collection techniques are interviews and literature studies which are then analyzed qualitatively and presented descriptively.]]>
<![CDATA[Legality Of Land And Building Objects In The Tomb Of Ki Ageng Gribig, Malang City ]]>
<![CDATA[Isdiyana Kusuma Ayu]]>;
<![CDATA[Pinastika Prajna Paramitha]]>;
<![CDATA[Lina Alfiana]]>;
<![CDATA[Isdian Anggraeny]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.4030
<![CDATA[The Ki Ageng Gribig Tomb area is planned to be developed as a santri village that presents a village model that carries a religious theme. People come to travel or to trade around the area. Merchants who will sell around the tomb area of Ki Ageng Gribig will live on land. If it lasts for a long time, the merchant will use a vacant lot to sell and will harm the original owner. So it is necessary to have awareness of the indigenous people living in the area around the ki Ageng Gribig tomb area to have proof of land ownership rights. The purpose of the study was to find out and analyze related to evidence of land ownership owned by the community living around the Tomb of Ki Ageng Gribg. Another purpose is to describe the urgency of ownership of the legality of land or buildings for people living around the Ki Ageng Gribig Tomb area. This research uses empirical juridical research methods with a sociological juridical approach. The result of this study is that before the birth of uupa, residents who lived around the Tomb area of Ki Ageng Gribig already had proof of rights in the form of eigendom rights and had been converted into property rights. The ownership of evidence of land ownership is very important because residents will get their full rights if one day the development of the Ki Ageng Grbig Tomb Area takes place. The certificate of land rights will be strong evidence for those who hold it, so that when the development of the Ki Ageng Gribig tomb area becomes a religious tourism village, the surrounding community will get reimbursement by the provisions of the Land Acquisition.]]>
<![CDATA[Legal Effectiveness of Issuing Land Rights Certificates in Palu City ]]>
<![CDATA[Rahmia Rachman]]>;
<![CDATA[Suarlan Suarlan]]>;
<![CDATA[Erlan Ardiansyah]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.3895
<![CDATA[This research aims to find out the role of land deed official in the issuance of land rights certificates in Palu City as well as the obstacles faced by land deed official in Palu City in the implementation of the process of issuing land rights certificates. This research uses Empirical Juridical methods through data collection techniques through in-person interviews with informants as well as through document collection. The result of this research is that land deed official Palu City has an important role in the issuance of land rights certificates in Palu City to realize guarantees of legal certainty and administrative order based on Government Regulation No. 24 of 1997 and National Land Agency Regulation No. 1 of 2006. Obstacles regarding the process of issuing land rights certificates faced by land deed official not only come from the public, but also from the government. Obstacles that come from the community include the lack of community understanding of land registration procedures, the community has difficulty meeting the requirements of land rights registration and land rights are difficult to account for legally. Obstacles derived from the government include lack of human resources in the land office in palu city and constraints regarding inadequate facilities.]]>
<![CDATA[Efforts To Prevent Money Politic, Bribery Crimes To Realize Dignified Simultaneous Elections In 2024 In Indonesia ]]>
<![CDATA[Rizky Pratama Putra Karo Karo]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.3842
<![CDATA[The largest democratic party in Indonesia will win simultaneous elections in 2024. The Indonesian people have a right to elect a leader who is willing to serve them and does not engage in corruption. To produce a dignified general election, this simultaneous election must be performed in accordance with the law. The goal of this study is to examine and outline initiatives in Indonesia to avoid voter bribery and ensure fair elections. The normative research method was employed. To reach deductive conclusions, researchers use qualitative study of legal materials. Bribery is a criminal crime, according to the study's findings. Bribery, in addition to other criminal behaviors, might jeopardize the goal of peaceful elections. A dignified general election is one in which citizens can live in peace before, during, and after voting. Various parties use mass socialization through various media to carry out prevention activities. The socialization that can be done is about the criminal threat of bribery; second, about the people's involvement in creating dignified elections by refusing to accept bribes and choosing the best leadership candidates.]]>
<![CDATA[Non-Fungible Tokens as Jurisdictionless Innovation: Legal Vacuum, Loopholes, Potentials and Solutions ]]>
<![CDATA[Yongkie Yongkie]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.4035
<![CDATA[Non-Fungible Tokens (NFTs) are one of the technological innovations that provide convenience for every human being, especially in the context of business and economic opportunities. Features such as anonymity, decentralization, and its online scope are undeniably a double-edged knife phenomenon. On the one hand, it makes things easier, but on the other hand, it has the potential to become a platform for criminal acts such as money laundering, personal data violations, and copyright plagiarism. So that the urgency of special regulations should be considered, but with a progressive nature and paradigm so that NFT innovation does not die just because the law does not adjust to the times. Progressive law is a solution and answer to the phenomena that occur, where the legal paradigm and its enforcement must be in accordance with the moral system, the times, and the values that live in society to achieve substantive justice. Practical breakthroughs such as utilizing the latest technology can be developed to assist the law enforcement process in cyberspace.]]>
<![CDATA[Jurisdiction Of Drug Distribution On Rural And Urban Users ]]>
<![CDATA[Dimas Putra Catur P]]>;
<![CDATA[Yeni Widowaty]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.3906
<![CDATA[Drug trafficking in rural and urban areas continues to increase in the number of users. This is based on the results of the Indonesia Drugs Report (IDR) 2022 BNN comparing the number of users between 2019 and 2021, where the results show an increase in the number of users increasing from 1.80% in 2019 to 1.95% in 2021, users also influence the growth from among women who experienced an increase from 0.20% in 2019 to 1.21% in 2021. An interesting question is whether the prevention policies and counseling activities regarding drug use in rural and urban areas have been quite effective, which are still increasing and what preventive measures should be taken by the Indonesian government to reduce the number of drug users. This paper will focus on and examine the policy initiatives and strategies of the Indonesian government, with BNN as a direct extension of the government in overcoming drug abuse and the challenges it faces. By taking theoretical research related to this study, using normative juridical research methods to provide an overview of the object of research and to assist the author in analyzing the correct conclusions. The influence of family, economic and living environment factors causes the government's role ineffective in reducing the number of drug users. Therefore, the government must strengthen interventions starting from the family and community and improvement of rehabilitation facilities.]]>
<![CDATA[Penyalahgunaan Karya Sinematografi Yang Disediakan Layanan Over-The-Top Dikaitkan Dengan Prinsip Fair Use ]]>
<![CDATA[Anzalna Noor Zalika]]>;
<![CDATA[Rika Ratna Permata]]>;
<![CDATA[Danrivanto Budhijanto]]>
<![CDATA[ Widya Yuridika Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v6i1.3847
<![CDATA[Over-The-Top Services are a concrete form of technological developments whose existence makes it easier for people to carry out daily activities, for example to watch a movie and communicate. The phenomenon related to Over-The-Top Services that recently emerged due to the COVID-19 pandemic is watch party, which is an activity of watching movie together virtually with the help of Over-The-Top Services. This activity has the potential to violate Copyright because it can be categorized as the implementation of the economic rights of the creator or copyright holder of films that are watched without permission. On the other hand, watch party can also be categorized as acts that do not violate Copyright if they meet the fair use requirements based on Law Number 8 of 2014 on Copyright. This research was conducted with the aim of finding answers to these questions. This research was conducted using a normative juridical approach and a qualitative juridical analysis method, in which the author examines in depth the related primary, secondary, and tertiary legal materials. The results of the study indicate that the watch party activity is a form of announcement of creations and includes fair use because it is carried out without commercial purposes.]]>
