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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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Enhancing Students Anti-Corruption Competence Through Corruption Prevention Campaigns In Social Media Nurhana, Riza; Muntaha, Muntaha
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.v7i1.4777

Abstract

Anti-corruption education courses were given to tertiary level students in Indonesia as an insertion or independent course to meet the challenge in reducing the number of corruptions from educated citizens. Although it does not guarantee that students will not commit acts of corruption in the future, through this anti-corruption education students are expected to be able to realize and understand behavior that leads to corruption and its consequences; so that students have choices and considerations to not commit acts of corruption. One of the learning methods used in anti-corruption courses is anti-corruption campaigns through social media. This method seeks to accommodate students' preferences for digital media, especially social media, and appreciates students' creativity in translating anti-corruption concepts through the perspective of young people. This study uses the Classroom Action Research (CAR) design by Kemmis and Mc. Taggart which was successfully delivered in 1 cycle consisting of planning, implementation/ acting, observing and reflecting stages. The research was carried out in the odd semester of the 2022/2023 academic year from September to November 2022 with the research subjects were the 5th semester students of the Academic Stage of Nursing Education Study Program consisting of 44 students. The results of the study indicated that learning methods that utilized social media in campaigning against corruption were able to increase students' understanding about corruption, corrupt behavior, anti-corruption values and improve students' abilities in making posters or videos. In addition, the methods were also able to improve the students’ motivation in learning during anti-corruption education class
Juridical Review Of The Authority Of Civil Servant Investigators In Conducting Forced Searches Of Violators Of Local Regulations Based On The Provisions Of Indonesian Laws And Regulations Solehuddin, Solehuddin
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.v7i1.4662

Abstract

In this study the author discusses one of the problems regarding the authority of civil servant investigators (PPNS) in carrying out forced searches based on the provisions of laws and regulations in Indonesia. The purpose of this study is to determine and analyze the authority of civil servant investigators (PPNS) in conducting forced searches based on the provisions of laws and regulations in Indonesia and to determine and analyze civil servant investigators (PPNS) can make forced searches of perpetrators suspected of committing criminal violations of local regulations. The research method uses normative legal research, so the research approach taken is a statute approach, conceptual approach, and case approach. The results of this study are the first, the authority of civil servant investigators (PPNS) according to Indonesian legislation is regulated in the provisions of Law No. 8 of 1981 concerning Criminal Procedure Law (KUHAP) Government Regulation No. 43 of 2012 concerning Procedures for Implementing Coordination, Supervision, and Technical Guidance of Special Police, Civil Servant Investigators, and forms of Private Security, Regulation of the Chief of the Indonesian National Police Number 14 of 2012 concerning Management of Criminal Investigations, Regulation of the Chief of the Indonesian National Police Number 6 of 2010 concerning Investigation Management by Civil Servant Investigators. Secondly, the provisions of the above laws and regulations that in the event of a criminal offense in the region, civil servant investigators (PPNS) can search the perpetrator of the offense, but still the PPNS authority must be expressly regulated in the provisions of regional regulations because however PPNS in the regions must be subject to Regional Regulations that regulate their authority.
Pengujian Formil Peraturan Antara Indonesia dan Kolombia Firmansyah, Adithya Tri; Aritonang, Syofina Dwi Putri; Pritasari, Amalia Zulfa; Zulmi, Muhammad Nizar; Alivia, Imera Azzahra
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.v7i2.5010

Abstract

The authority to review laws by the Constitutional Court is manifested in 2 (two) forms, namely material testing and formal testing. However, since the existence of the Constitutional Court, only 1 (one) application has been granted by the Constitutional Court, namely a request for a formal review of the Job Creation Law. Even then, it was only partially granted. The existence of this fact certainly shows that the role of the Constitutional Court has not been optimal. Therefore, this research aims to outline the prescription of the need to optimize the role of the Constitutional Court in the formal review of laws. This research uses normative (legal) research typology. The results of this study conclude: First, the role of the Constitutional Court in the formal review of laws can still be said to be not optimal because the Constitutional Court itself is still very limited in canceling laws, as evidenced in Decision Number 91 / PUU-XVIII / 2020, the Constitutional Court tends to compromise with the language of conditional unconstitutional decisions in deciding applications for formal testing of the Job Creation Law. Second, the countries of Colombia and Indonesia show that the practice of formal testing of the Law by the Constitutional Court is something that needs to be done if there is a violation of the formation procedure by the legislator, it is just that the Colombian Constitutional Court in conducting formal testing takes a more progressive step, this is indicated by the quality and quantity of handling of formal test cases decided, on the other hand in Indonesia, the Constitutional Court seems to take a position that tends to be very limited in conducting formal testing, it even looks unfamiliar to do so, besides that the 1945 Constitution also does not provide rigid arrangements regarding the basis for formal testing of laws by the Constitutional Court.
Disparitas Dan Kekosongan Hukum Pidana Atas Kecelakaan Konstruksi Dan Kegagalan Bangunan Dalam Jasa Konstruksi Eddy, Triono; Agustina, Agustina; Purnomo, Sagita
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.v6i3.4735

Abstract

This study aims to comprehensively discuss legal sanctions for construction accidents and building failures in construction services law, as well as discuss in depth efforts to overcome disparities and criminal law vacancies for building failures in construction services law. This type of research is normative juridical with a descriptive-analytical approach, discusses existing legal symptoms and problems and tests them aware of laws and legal norms. The results of this study show that legal sanctions for construction accidents and building failures in the construction services law are divided into two, namely administrative sanctions (written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the blacklist, suspension of permits and/or revocation of permits) and civil sanctions (compensation), Meanwhile, criminal sanctions are regulated in laws outside construction services such as the Building Law and the Housing/Settlement Law, namely (imprisonment and fines). Efforts to overcome disparities and vacancies in criminal law for construction accidents and building failures are through codification or  legal reconstruction,  namely: rearranging criminal sanctions for building failure in the construction services law and establishing or combining several provisions of related laws in the field of construction, especially regulating building failures and construct accidents regulated in Law Number : 28 of 2002 concerning Building and Law Number : 1 of 2011 concerning Housing and Settlement Areas.
Political Parties' Right To Recall Against Legislative Members In The Perspective Of A Democratic Rule Of Law Asriyani, Asriyani; Safrin, Mohamad; Muflih, Muhammad Naufal
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.v7i2.5083

Abstract

This article is entitled "Examination of the Recall Rights of Political Parties Against Legislative Members in the Perspective of a Democratic Rule of Law (Case Study of Regional People's Representative Assembly in Central Sulawesi)", where the author will analyze the right of recall or a right that political parties have to temporarily dismiss legislative members at the suggestion of a political party which supports it concerning the principles of a democratic rule of law. The legal issue raised in this writing is "Is the Right to Recall Political Parties Against Legislative Members Compliant with the Principles of a Democratic Rule of Law? ". This article uses normative juridical and empirical juridical research methods by analyzing the rights contained in the Constitution of the Republic of Indonesia and their relationship to Law Number 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Representative Council Regional People, especially those related to the temporary dismissal of legislative members proposed by political parties, in this case is contained in Article 239 paragraph (2) letter "d". In this article, the recall rights of political parties follow the principles of the rule of law. Recalls are needed to monitor political parties over their members who have served as members of the legislature. However, its application still requires clarity regarding matters that result in the recall of a legislative member by his political party.
The Regulation Model of Public Services Based on The Integrity Zone in The Religious Higher Education in Indonesia Hidayah, Khoirul; Esha, Muhammad In'am; Fikri, Shofil
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.v6i3.4499

Abstract

Since 2020, Indonesian Ministry of Religious Affairs commits to build the integrity zone in all its work units. Universitas Islam Negeri Maulana Malik Ibrahim Malang has been pointed to be the pilot project of The Integrity Zone Establishment in 2020 under the Ministry of Religious Affairs’ supervision. The emerged problem is that there is no Minimum Service Standard (MSS) as the requirement of integrity zone made by rector. This is a juridical-empirical study by applying qualitative approach. The primary data were from interview and Focus Group Discussion with structural team and academic staff who are directly involved in services in the said university. The FGD results reveal that the MSS is made based on The Organization and Work Procedures of UIN Malang, and that it is related to services in Tri Dharma both academic and non-academic. The MSS of UIN Malang must refer to Permen PAN-RB No. 10 of 2019 on the amendment to Permen PAN-RB No. 52 of 2014 concerning The Guidelines to Establish an Integrity Zone towards a Corruption Free Area and a Clean and Serving Bureaucratic Area in a Government Institution. The service regulation is also made based on international standard ISO 37001: 2016 as an anti-bribery management system that is able to provide access for complaint on bribery. This article is expected to be the policy reference for services in the State Religious Higher Education in Indonesia which follows the service standard of the integrity zone and international standard so they can lessen the corruption and collusion in the serving process.
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.
Pungutan Liar Pada Program Pendaftaran Tanah Sistematis Lengkap Permadi, Iwan
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.v7i1.4719

Abstract

The acts of wild scrutiny against the PTSL program are clearly not based on clear legal rules except those which have been established in the SKB 3 ministers. The existence of long, complicated and exhausting procedures of service makes the public dependent and accustomed to dealing with corrupt public services, thus creating a tendency of the public to tolerate the practice of wild bullying. The study in this study focuses on the action of the complete systematic land registration program. The method of research used is the normative jurisprudence with the method of approaching legislative regulations and conceptual approaches. The results of the research showed that the practice of savage bribery against land registration activities and government strategic programmes was caused by the weakness of integrity and professionalism of the organizers of public briberies, the ineffectiveness of supervision of the government’s strategic programs in preventing the occurrence of acts of corruption and savage Bribery and the bad habits of the people who consider the process through which it is not easy so that culture provides a sum of money under the pretext of the processes quickly and improvised. Enforcement of the law can be done preventively by doing coordination between the police, local government, BPN and village government. Repressively enforcing is carried out with repression and punishment against the perpetrators of wild scourge measurably and consistently Together with the saber pungli team. 
Strategi Pemerintah Terhadap Pemungutan Pajak Di Indonesia Saputri, Berliana Ayu
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.v7i1.4644

Abstract

This study aims to analyze the obstacles that occur in tax collection and the government's strategy in dealing with obstacles to tax collection in Indonesia and the implementation of taxes in Indonesia. This journal uses normative legal research methods or doctrinal research. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this journal is by studying documents or library materials. Analysis of legal material sources is carried out descriptively using a statutory approach and a contextual approach. The results of the study concluded that the tax collection application system that is known in Indonesia consists of several things, namely: Official Assessment system, semi self assessment system, full self assessment system and witbbbolding. Obstacles in tax collection, namely passive tax resistance consisting of obstacles that complicate tax collection which are closely related to the economic structure, intellectual and moral development of the population and active resistance are efforts or actions that are directly or indirectly shown against tax collection. tax (Fiskus). As for the strategy carried out by the Directorate General of Taxes, the government needs to take a territorial approach to carry out tax extensions. tax extensification is supervision carried out by the Directorate General of Taxes on taxpayers who meet subjective and objective requirements but do not yet have a Taxpayer Identification Number and promote counseling in the field of taxation.
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.

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