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[The Significanity of Academic Manuscripts Dignity on Legal Products ]]>
<![CDATA[Muhammad Ramadhana Alfaris]]>;
<![CDATA[Sulthon Miladiyanto]]>
<![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.v6i1.4117
<![CDATA[Various norms in laws in Indonesian regional legislatures are not always colored by academic nuances that are substantially objective to draft regulations, more tend to be political interests. So that the results obtained on the legal product are of low quality because the legal product does not have an academic background. The purpose of this study was to determine the significanity of the dignity of academic manuscript on the formation of Regional Regulations. The method used in this study uses a normative juridical method with a conceptual approach, legislation and legal research on the level of vertical and horizontal synchronization to examine the problems in this research. The results of the study indicate that academic manuscript have significanity for the situation that is needed for the movement of the wheels of state government, especially in the regions. Because academic manuscript in the aspect of having a very high position in the formation of laws and regulations, the significanity of which is to measure the good or bad of legal products.]]>
<![CDATA[Legalitas Komersialisasi Fanart Anime ]]>
<![CDATA[Jessy Wijaya]]>;
<![CDATA[Yudi Kornelis]]>
<![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.v5i2.3549
<![CDATA[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.]]>
<![CDATA[Transfer Period Of Land Rights Ownership By Foreign Citizen Due To Inheritance ]]>
<![CDATA[Andyna Susiawati Achmad]]>;
<![CDATA[Astrid Athina Indradewi]]>
<![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.v6i1.3916
<![CDATA[Land is an essential natural resource that is very important for the life and livelihood of all living things. Recognizing the importance of the primary need for the land, it is not uncommon for disputes or disputes to arise because of this. The Basic Agrarian Law stipulates that the highest and strongest ownership of land rights, namely property rights, can only be owned by Indonesian citizens. If there are foreign nationals who have ownership rights to land in Indonesia by accident due to inheritance, then within one year the person concerned is required to relinquish his rights. The mechanism of transfer of land rights ownership by foreigners is not really clear enough. Thus, this paper aims to justify and emphasize when the duration starts to be calculated because the laws and regulations do not provide any explanation regarding this. This study uses a normative juridical legal research method based on a literature study on various legal theories and laws and regulations. The problem approach used is the statutory and doctrinal approach. The results of this study are the period of transfer of ownership of land rights by foreign citizens due to inheritance, starting from one year since the acquisition of these rights or the loss of citizenship. Foreign heirs have a period of 1 (one) year since the process of changing the name on the land certificate is not counted since the inheritance is opened or since the inheritance certificate has been issued.]]>
<![CDATA[Legal Liability By Organs of Social and Humanitarian Foundations Against Misuse of Foundation Funds ]]>
<![CDATA[Muhammad Iqbal Maulana]]>;
<![CDATA[Grasia Kurniati]]>;
<![CDATA[Rani Apriani]]>
<![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.v6i1.3848
<![CDATA[Foundation is a legal entity that is functionally a means to carry out social activities which was established with the intention of improving the welfare of others and not for commercial purposes or for profit. A foundation as a legal entity has its own assets that are separate from the assets of its management. The foundation's source of funds can come from donations or donations from third parties or from business activities carried out by the Foundation. Where the wealth is used to carry out its activities, besides that the foundation also requires funds to meet its operational needs for the sustainability of the foundation. However, recently there have been findings related to the organs of social and humanitarian foundations that deviate by misusing the assets of the foundation. This is a result of the lack of public supervision related to the foundation so that there is a deviation from the aims and objectives of the foundation. This study was conducted to find answers to the formulation of the problem regarding the role and authority of the foundation organs and how the legal accountability of the foundation organs for the misuse of foundation funds. The research method used in normative juridical research, the data used is secondary data in the form of primary legal material which comes from Law Number 16 of 2001 concerning the Jo Foundation. Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations. and secondary legal materials related to this research. The results of this study are to find out related to the duties, functions and authorities of foundation organs in accordance with the Foundation Law and also how the legal accountability of foundation organs for misuse of foundation funds.]]>
<![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. ]]>
