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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.
Arjuna Subject : -
Articles 242 Documents
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Putusan Uitvoerbaar bij Voorraad: Rasionalisasi Hakim dan Implikasi Hukumnya Dwithia H.P., Zora Febriena
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.v7i2.5021

Abstract

An immediate decision or a decision that can be implemented first (Uitvoerbaar bij Voorraad) is a judge's decision that can be implemented (executed) even though it has not yet obtained permanent legal force. Usually, the implementation of a decision or execution can only be carried out if it has passed the time frame given by the court to file a legal remedy that is against the judge's decision at the first level within 14 days after the decision is read or notified. If within that time frame the losing party does not file any legal remedies, then the decision of the District Court can be implemented or executed. However, in the Civil Procedure Code it is possible for a Judge to pass a UBV decision or a decision that can be implemented first without having to wait for the time span for the losing party to file a legal remedy against the conditions as stated above. Such a decision has the potential for considerable risk considering that there is still the possibility that the judge's decision at the first instance court may be revised or even annulled by a judge at a higher level court. This paper analyzes the rationalization of judges in imposing UBV decisions and the legal consequences of UBV decisions which are canceled by the high court. This research is a normative juridical research with a statutory approach and a concept approach. Based on the results of the analysis, it can be concluded that the rationalization of the judge in imposing the UBV decision is if one of the several conditions that render the UBV decision has been fulfilled, including the claim based on an authentic right, the existence of a judge's decision that has been inkracht, the existence of a provisional lawsuit that has been granted, and the case is related to the bezitsrecht dispute. The legal consequence if the UBV decision is canceled by the high court is that the UBV decision is null and void.
Sistem Hukum Indonesia: Kekerasan Seksual Terhadap Anak Kandung Dan Sanksi Pidana Moinkasari, Sandra; Muhibbin, Moh; Arief, Hanafi
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.v6i3.4650

Abstract

This study aimed to describe how the criminal law regulates sexual violence and to analyze how the penalties for perpetrators of sexual violence against biological children are regulated in Indonesian positive law. This study was conducted using normative legal research in the form of literature study using three types of legal material, namely primary legal materials, secondary legal materials, and tertiary legal materials, with qualitative descriptive research analysis. The result of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Law Code (KUHP), Human Rights Law No. 39 of 1999, Domestic Violence Elimination Act No. 23 of 2004. Also, specifically against children as victims is provided in Act No. 35 of 2014 concerning Amendments to Act No. 23 of 2002 on Child Protection. Other research findings indicated that the penalties for sexual violence against minors are set out in Article 285 of the Criminal Law Code (KUHP), which carries imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Articles is five years at the shortest and fifteen years at the longest, as well as a maximum fine of Rp5,000,000,000,00. If the offence is committed by parents, guardians, caregivers of children, educators, or educational staff, then the penalty shall be one third of the penalty referred to paragraph (1).
Presidential Threshold: Konsep Open Legal Policy Oleh Mahkamah Konstitusi 2017-2022 Gazali, Mardania; Kamis, Margarito; Rumkel, Nam
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.v7i2.5051

Abstract

This study aims to analyze the constitutional interpretation method used by constitutional judges in judicial review the presidential threshold as an open legal policy for 2017-2022 and to offer an ius constituendum to use the open legal policy by the Constitutional Court in the future. The type of research used is normative legal research, namely research conducted by examining legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials using a case approach and a conceptual approach. The data collection technique used in this research is using a literature study and the data will be analyzed using the descriptive analysis method. The research found that the Constitutional Court in judicial review the presidential threshold from 2017 to 2022 all used structural , thus interpreting the presidential threshold norm and its touchstone as an open legal policy. But unfortunately, the interpretation made by the constitutional judge is incorrect and has changed the original meaning of the formation of Article 6A paragraph (2) of the NRI Constitution of 1945. The original intent of the establishment of Article 6A paragraph (2) of the NRI Constitution of 1945 was to place political parties or a combination of political parties as a path to propose candidates for President and Vice President because the framers of the amendment did not want an independent candidate. Therefore, the interpretation of constitutional judges declaring the presidential threshold and Article 6A paragraph (2) of the NRI Constitution of 1945 as open legal policy is wrong because the article is clear. In the future, constitutional judges can divide open legal policy into two forms, namely absolute and relative, both of which can be reviewing, and constitutional judges can expand the touchstone of the Basic Law which not only includes article norms but also includes the Preamble in which Pancasila and cancels the formulation of presidential threshold norms to 0% in order to provide justice to justice seekers.
Case in Batam City: The Crime of Electronic Gaming in The Industrial Revolution 4.0 Era Manurung, Kristie Sugama; Amboro, F. Yudhi Priyo; Hutauruk, Rufinus H.
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.v6i3.4485

Abstract

Gambling presents several problems, including the possibility that some people will develop an addiction, an inability to stop gambling, and significant financial loss. Therefore, it is evident that gambling is detrimental to individuals and can harm society as a whole. It will also have the potential to reduce the community's economy. In the city of Batam, online gambling is commonplace and familiar. Online gambling has penetrated society from the upper classes to the lower classes. Several factors cause gambling, which is closely related to the factors that cause crime. The two main types of factors that can lead to criminal behaviour are those that come from outside the individual (external) and those that come from within the individual (internal), such as psychological, educational, and religious factors. Association and family environment. This type of research is Normative Juridical Research with a statute approach. Normative legal analysis is also known by another term, namely doctrinal legal research. This research shows that Indonesia's Law on Information and Electronic Transactions has not been fully effective. This is in line with the theory of Legal Effectiveness put forward by Soerjono Soekanto. Judging from the legal factors themselves, which are only limited by law, the government must pay more attention to aspects of legal certainty regarding gambling regulations so that they are by social values that view all forms of gambling as dangerous.
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.
Sah atau Tidak Smart Contract Dalam Sistem Blockchain? Suwardiyati, Rumi; Widhiyanti, Hanif Nur; Wicaksono, Setiawan
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.v7i2.5156

Abstract

Smart contracts in blockchain systems are widely used as automated agreements that can expedite the execution of a contract. Based on the characteristics of smart contracts analyzed through agreements in the Indonesian Civil Code (BW), it can be concluded that smart contracts can be legally used in contractual legal activities in Indonesia. This is because smart contracts meet the requirements outlined in the BW as guidelines for contract formation, particularly concerning the validity of contracts. Using a normative method, which employs literature as legal material for this writing, the result shows that the validity of smart contracts in blockchain, based on Indonesian contract law, aligns with the contract law that fulfills the requirements of Article 1320 BW. Smart contracts can also be classified as standard agreements where the parties agree based on an existing and mutually agreed-upon contract. Until now, there are no specific regulations regarding smart contracts in Indonesia, even though smart contracts are already widely used in the country.
Perizinan Sempadan Sungai Terhadap Usaha Rumah Makan Terapung Khalik, Widya Dwi Erika Idham; Saleng, Abrar; A.Sapiddin, Andi Syahwiah
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.v6i3.4609

Abstract

This study aims to analyze the arrangements related to the utilization of the river riparian which is used as a restaurant business in the Tello Baru Sub-District, Makassar City and to analyze the form of government supervision of the implementation of river riparian utilization permits in the Tello Baru Sub-District, Makassar City. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach.The results of the study show that the utilization of river banks which are used as a restaurant business in Tello Baru Village, Makassar City is not in accordance with the Decree of the Minister of PUPR Number 1559/KPTS/M/2020 which states that river banks can only be used for certain activities and certain buildings, which include: Buildings natural resources infrastructure, bridge and wharf facilities, gas and drinking water pipelines, electrical and telecommunication cable stretches, other activities as long as they do not interfere with the function of the river, including activities to plant vegetables, and electricity buildings. So that the use of the Tello River opportunity for floating restaurant activities can be said to not realize orderly spatial planning. And then the form of government supervision of the implementation of river riparian utilization permits in Tello Baru Village, Makassar City is felt to be lacking, in this case the Pompengan Jeneberang River Basin Center (BBWS) as the vanguard of the Ministry of PUPR as the guardian of Law No. 17 of 2019 concerning Water Resources is considered to be still not active in monitoring the abuse of the Tello River border area resulting in violations of the use of the river border. as it is now. The Pompengan Jeneberang River Basin Center (BBWS) is considered to be lacking in coordination and cooperation with the City Government and Village Governments through which the Tello River passes.
Legalization Of The Sexual Violence Law Perspectives Rule Of Jurisprudence Maslahah Leader Policy Suryanto, Muhammad Handika; Hamidah, Tutik; Jazil, Syokron
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.v7i2.4989

Abstract

Cases of sexual violence in Indonesia from year to year are increasing. The government also responded by passing the Law on Sexual Violence in 2022. It aims to ensure protection for Indonesian society, especially women and children, from the threat of sexual violence. But, there is a rule of jurisprudence whose essence is that the policies of the leader must cause benefit to his people. Therefore, this study aims to describe the purpose of establishing and ratifying the Sexual Violence Law and to analyze the benefits of the leader's policy in the passage of the Sexual Violence Law. The research method is descriptive normative by conducting literature studies from the main sources of the Academic Manuscript of the Law on the Crime of Sexual Violence. The results and discussion of this study state that the main content of the formation and ratification of this law is an effort to update a comprehensive legal umbrella that realize protection for society in general and victims of sexual violence in particular. When viewed from the rules of jurisprudence that theoretically the ratification of this law has implemented the policy of a good leader, namely based on the content of the articles in it although rudimentary. However, it practically cannot be categorized as a policy of a good leader because this law has just been passed and has not been implemented in society as a whole and only partially.

Page 19 of 25 | Total Record : 242

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