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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 242 Documents
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Legal Problems in Regional Financial Management Policy in Central Sulawesi Province S, Irzha Friskanov.; Anandy, Widyatmi
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.v7i2.5023

Abstract

The Central Government makes full use of the resources assigned to the region in order to support the realization of regional autonomy, the effectiveness of the national economy, and the application of the principles of good governance, transparency, and accountability. The government increases professionalism, transparency, and responsibility in its administration as a manifestation of regional financial management. There is no denying that managing a nation and its government takes a lot of resources. How to handle regulations and issues pertaining to financial management in Central Sulawesi Province is the issue. The examination of statutory and doctrinal literature was prioritized in this research, which was undertaken utilizing normative legal research and analysis techniques. Deciding on policies while making use of legislative documents, contextual methods, and case approaches, as well as the broad concepts of the philosophy of power and government action. The community, as well as managers, supervisors, and regulators, work together to supervise regional financial management. The conclusion is that in order to achieve good governance and the involvement of local governments and people in achieving regional development goals, regional financial management strategies must incorporate openness and accountability.
Efektivitas Pengawasan Majelis Pengawas Daerah Terhadap Notaris yang Meninggalkan Wilayah Jabatan Aini, Nurina; Ilmar, Aminuddin; Arisaputra, Muhammad Ilham
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4479

Abstract

This study aims to analyze and explain the form of responsibility of the supervisors of the Regional Supervisory Board (MPD) towards notaries who leave their territory of office without valid reasons and formulate and identify the effectiveness of the supervisory function of the Regional Supervisory Council (MPD) against notaries who leave their territory of office without valid reasons. This research is an empirical legal research. The research was conducted in Makassar City, South Sulawesi. The results of the study show that the supervision carried out on a Notary is intended so that the Notary in carrying out his duties is based on the rules according to the provisions of the laws and regulations governing the position of a Notary. The laws and regulations governing office do not only require laws or laws, but also based on the trust given by the parties to the notary. Notaries must act professionally in carrying out their duties, because the position of Notary is a position of trust that must be aligned with those who carry out the duties of a Notary's position as a person who can be trusted. Notary as a position of trust does not mean anything if it turns out that those who carry out their duties as a Notary are people who cannot be trusted, including leaving their area of office without a valid reason.
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.
Legal Framework for Trademark Manifestation as Collateral Financing to Enhance the Capacity of MSMEs in Indonesia Chairunnisa, Chairunnisa; Sudirman, Lu; Disemadi, Hari Sutra
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.v7i2.5117

Abstract

This article examines the manifestation of trademarks as collateral to enhance the capacity of Micro, Small, and Medium-sized Enterprises (MSMEs) in Indonesia. The study employs a normative research approach, drawing upon legal sources derived from legislation, relevant legal theories, and concepts. Data is analyzed using a qualitative juridical method and deductive reasoning. The research findings suggest that trademarks should be eligible as collateral since they meet the criteria of intangible movable property that can contribute to the growth and development of SMEs in Indonesia. However, the practical application of trademarks as collateral is hindered by existing regulations and the absence of a specialized intellectual property asset appraisal institution. Such measures are crucial in fostering MSMEs and, ultimately, improving the welfare of the Indonesian society.
Qualification Of Age Limits For Criminal Responcibility According To The Child Criminal Justice System And Indonesia Criminal Code Kaluku, Julisa Aprilia; Kasim, Ramdhan; Moha, Mohamad Rivaldi; Badu, Lisnawaty Wadju
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4608

Abstract

The age limit for children is very important in juvenile criminal cases, because it is used to find out whether a person suspected of committing a crime is included in the category of a child or not. Limitation of the age of children, there is also diversity in various countries that regulate the age of children who can be punished. Some countries also provide a definition of a person being said to be a child or an adult in terms of age and activity or ability to think. The approach method in this study uses an approach to legislation (statue approach), fact approach, case approach and analysis of legal concepts. The results in this study are the non-uniformity of the qualifications for the age limit of children between one law and another, giving rise to various existing legal conflicts regarding the limits of children's responsibility. According to the Criminal Code Number 1 of 2023 in article 40, it states that criminal liability cannot be imposed on children who are not yet 12 (twelve) years old at the time of committing the crime, while in Law Number 11 of 2012 it states that children who are in conflict with The law hereinafter referred to as a child is a child who is 12 (twelve) years old but not yet 18 (eighteen) years old who is suspected of committing a crime.
Pemegang Saham Yang Meninggal Dunia Pada Perseroan Terbatas Rokfa, Afida Ainur; Sumedi, Mohammad; Anugerah, Dian Purnama
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.v7i2.4988

Abstract

The research was conducted because there was a legal vacuum regarding the transfer of rights to shares in PT Individuals as a result of the shareholder's death by using normative juridical research methods with statutory, conceptual and comparative approaches. The result is that PT Perorangan shares are inherited objects. PT Perorangan shareholders must be individuals, 17 years old, and legally competent. The transfer of shares of PT Perorangan resulted in changes to the company's status and data. The status of PT Perorangan remains as PT Perorangan because the object of inheritance is still joint property whose management is represented by one person, the object of inheritance falls to the heirs who are not yet competent at law, and the heirs refuse to have children. PT Perorangan changed to PT Persekutuan Modal because the heirs are more than one person and the object of inheritance has been divided. The status of PT Perorangan was lost after obtaining the determination and the liquidation report was received by the PN due to the heirs who refused to have no offspring and the object of inheritance became an unclaimed property.
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.

Page 18 of 25 | Total Record : 242

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