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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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Pemanfaatan Cyber Notary Terhadap Digitalisasi Akta Ulang, Andi Dala; Magassing, Abdul Maasba; Sakharina, Iin Karita
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.v6i3.4610

Abstract

This research aims to analyze the use of digitizing authentic deeds by Notaries in Makassar City and to analyze the legal certainty of the principles of agreements between the parties in digitizing authentic deeds by Notaries. This research is 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 study. The data collected was then processed using a qualitative analysis approach. The research results show that the use of digitalization of authentic deeds by Notaries in Makassar City will basically really help the work of Notaries and also the parties, namely it can save time and costs compared to conventionally making authentic deeds. However, because until now there is no legal umbrella and it is considered contradictory, no Notary in Makassar has ever digitized an authentic deed. And then the legal certainty of the principle of agreement between the parties in digitizing an authentic deed by a Notary based on positive law in Indonesia is that it does not have perfect proof like an authentic deed, this is because the digitization of the Notary's deed does not meet the requirements for the authenticity of a deed.
Kontraktor Pertambangan: Sebuah Tinjauan Hak-hak Normatif Pekerja Buwana, Sudibyo Aji Narendra; Fardiansyah, Hardi; Rizkia, Nanda Dwi
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.v7i2.4990

Abstract

Normative provisions based on Chapter IV, Part Two of Employment, Article 25 Paragraph 3 of Law No. 6 of 2023 Concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation to become a Law that stipulates that annual leave is given at least 12 (twelve) working days after workers or laborers have worked for 12 (twelve) months continuously. The gap in das sein is that the provisions of Chapter IV, Part Two, of Employment Article 25, Paragraph 3, of Law No. 6th, 2023, apply to workers in the company. Researchers observe that there is a gap between das sein and dass sollen. The formulation of the problem is: what are the normative rights of workers, and what are the sanctions for companies that do not provide workers' normative rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical-juridical, which is closely related to the case approach. The source of legal material uses primary data, namely interviews and observations conducted by researchers by visiting the research site directly. Secondary data uses primary legal materials, namely applicable laws and regulations, secondary legal materials, namely books, journals, and relevant previous research results, as well as tertiary legal materials in the form of websites. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. Conclusions are drawn deductively. The result of his research is that the normative right to annual leave has not been implemented by the company. The conclusion is that the normative rights received by workers who are bound by PKWT at a Mining Contractor Services Company consist of economic rights, political rights, medical rights, and social rights. Sanctions for companies can be punishable by imprisonment for a minimum of 1 (one) month and a maximum of 12 (twelve) months and/or a fine of a minimum of Rp. 10,000,000.00 (ten million rupiah) and a maximum of Rp. 100,000,000.00 (one hundred million rupiah) in accordance with Chapter IV, Part Two of Employment, Article 68, Paragraph 1, of Law No. 6th, 2023, concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law.
Pernyataan Pailit Pada Penyertaan Modal di Badan Usaha Milik Negara Widyaningtyas, Kezia Regina; Ikhwansyah, Isis; Suryanti, Nyulistiowati
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.v6i3.4462

Abstract

State-Owned Enterprises (SOE) as a legal entity established and administered by the state obtained its establishment fund from state assets which are separated for BUMN. In conducting the activities to gain profit, of course, loans or legal relations are needed as supports to the business continuity. However, it is not uncommon for these legal relations causing debt. Bankruptcy institutions were formed with the aim to resolve debt matters in accordance with the principles of bankruptcy. In the practice, SOE is often being filed for bankruptcy. However, there are differences in opinions regarding SOE assets that cannot be confiscated, thus the bankruptcy filing is cancelled or rejected. This study aims to analyse the position of capital equity inclusion done by the state based on the relevant law and regulations, as well as to provide answers to the considerations of the judges in deciding the decree regarding SOE bankruptcy cases from time to time. This study implemented an analytical descriptive method and a normative juridical approach by examining the primary, secondary and tertiary legal materials. Based on the research and analysis conducted, it was found that there were several SOEs that were being filed for bankruptcy. However, in legal consideration, an inconsistency was found between the decrees of SOE bankruptcy as there was an assumption that the capital provided by the state for SOE could not be confiscated. The included capital has transformed from a public sphere to a private one which is related to the characteristics of the legal entity called separate legal entity.
Doktrin Res Ipsa Loquitur Pada Perlindungan Konsumen Angela, Irene Maria; Suryamah, Aam; Yuanitasari, Deviana
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.v7i1.4778

Abstract

Economic growth in Indonesia can be encouraged by increasing consumer confidence. In the event of a violation of consumer rights, consumers have the right to claim compensation from business actors, but in fact, consumers and business actors have an unequal position. Consumers have difficulties in terms of civil evidence. An imbalance in the distribution of the burden of proof is an injustice for the disputing parties. The research was conducted using normative juridical research methods and comparative research methods, namely research methods carried out by studying secondary data and library materials and approaches to comparing the laws of one country with the laws of other countries. This research was conducted through library research and field research to enrich the sources. The results of further research are described in descriptive writing that relates the problem to legal theory in evaluating the practices carried out by research objects. There are 2 conclusions from the research results. First, that the position of the re ipsa loquitur doctrine in the principle of proof in consumer protection cases is closely related to the evidence imposed by judges on business actors as parties who have responsibility for the products consumed by consumers as well as those who suffer less losses to provide more justice for consumers. and in line with the principle of proof contained in UUPK and the second conclusion is that the res ipsa loquitur doctrine can be applied in cases of consumer protection if it fulfills the elements that are the requirements of the application of the re ipsa loquitur doctrine.
Authority of Sarak Opat in Settlement of Environmental Pollution Cases Surya, Achmad; Suhartini, Suhartini; Hakim, Ruslan
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.v7i1.4672

Abstract

The existence of fishing gear type padang hoe began to spread in the area of Lake Lut Tawar, Central Aceh. As a result of massive and uncontrolled fishing practices and disregard for local culture, this is very dangerous for the preservation of Lake Lut Tawar. So if it continues to be left unchecked, fish endemic to Lake Lut Tawar, such as the depik fish, are threatened with extinction. In the Gayo community in Central Aceh District, cases/disputes that occur within the community are resolved by a customary institution called sarak opat. The purpose of this study is to find out the authority of sarak opat in solving environmental pollution and to find out the obstacles of sarak opat in solving environmental pollution. This type of research is empirical normative research. The data sources used are primary data and secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. The method of collecting data is through interviews and document studies. The way of analyzing the data that has been collected from both primary and secondary data will be analyzed qualitatively, so that it is found that facts as symptoms of primary data are associated with theories from secondary data presented descriptively. The results of the study explained that sarak opat's authority has a legal basis for resolving environmental pollution cases, as mandated in the Aceh Qanun and the Aceh Governor's Regulations concerning Implementation. Customary and Indigenous Dispute/Dispute Resolution. custom. Obstacles to the sarak opat customary institution in resolving environmental pollution cases, namely: First, the loss of the function of the Pawang Lut in Gayo society. Second, there is a lack of understanding of the apparatus of the Sarak Opat customary institution regarding the authority to settle cases of minor environmental pollution.
Konflik Agraria: Sebuah Refleksi Hak Menguasai Negara Atas Tanah Wiryani, Fifik; Najih, Mokhammad
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.v6i3.4850

Abstract

The state's right to control land as a principle is often problematic in practice. The problem generally lies with the state which tends to use land only for economic and oligarchic interests. As a result, the right to control the state whose function is to prosper the people cannot be realized. This research will reveal and analyze the background of the causes of the agrarian conflict in the village of Tegalrejo, Malang Regency, and provide an overview in a reflection of the state's right to control land. This research uses normative juridical research with statutory, historical and case study approaches which in this case are agrarian conflicts. The results of the research show that the state's right to control over land sometimes becomes a tool for state legitimacy to carry out land grabs. The right to control the state, which essentially serves as a legal framework to protect the public, has not been able to fully function ideally and properly. There is no significant difference between the New Order regime and the Reform Government regime in the management of state control rights, because both have a mode of appropriation by granting status of land rights and compensation. This is similar to what happened in the agararia conflict in Tegalrejo Village, Malang Regency, where legal appropriation was formulated in the form of Cultivation Rights. Compensation that has not been resolved to date has also led to the creation of structural agrarian conflicts that have disrupted the socio-economic life of the surrounding community. In the future, it is necessary to think about the rejuvenation of the concept of the state's right to control so that state control over land is no longer hegemonic and can be on a par with the protection of citizens' rights to land.
Hukum Laut Internasional: Sebuah Hukum Progresif Terhadap Keimigrasian S, Hendra; Priyo Amboro, Florianus Yudhi; Hutauruk, Rufinus Hotmaulana
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.v7i2.5093

Abstract

The movement of people across countries has both positive and negative impacts on society. Globalization has changed the way humans move massively and quickly. Indonesia, as a country with a strategic geographical position between two continents and two oceans, plays a role as a center of human crossing. Indonesia's vast sea area is an important potential to be developed, and President Joko Widodo initiated the World Maritime Axis policy to drive the economy in the sea area. Government agencies in the sea area are part of the ecosystem that supports policies in the sea area. Policies related to law enforcement in the sea area continue to develop along with the expansion of activities at the border. Immigration has a strategic role because it regulates traffic at the state border, maintains state sovereignty, and supports the implementation of sea area policies. This research aims to evaluate the strategic role of immigration by applying a progressive legal theory approach and using normative legal research methods. Progressive law returns the law to its substantial purpose, so that legal changes should not eliminate the substance. This research aims to answer the challenges of the times by adapting the law in accordance with the purpose of the law. In the context of international law of the sea (UNCLOS 1982), this research looks at the strategic role of immigration in law enforcement in the sea area, including the territorial sea zone and additional sea zone. The cooperation of law enforcement agencies in the maritime area is key to maintaining state sovereignty and security at the border. This research contributes to the understanding of the strategic role of immigration in supporting Indonesia's territorial sea policy.
Pengadilan Tata Usaha Negara Dalam Memberikan Perlindungan Hukum Kepada Masyarakat Zamzami, Abid; Muslim, Shohib
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.v6i3.4530

Abstract

Indonesia is a rule of law country, which means that all government administration actions must be based on law. One of the elements of a rule of law according to Friedrich Julius Stahl is the existence of Administrative Justice (PTUN) as a means of control over government actions as well as a medium for society to seek justice if the government's actions suffer losses. The existence of the State Administrative Court is a form of legal protection for the public for all legal actions carried out by the government so that it is in line with the provisions stipulated in statutory regulations and prevents the public from being exposed to arbitrary actions carried out by the Government. The enactment of Law Number 30 of 2014 concerning Government Administration has expanded the authority of the State Administrative Court in examining administrative decisions. With this extension, it is not my decision that can be used as an object of dispute, but positive fictitious decisions can also be used as an object of dispute.
Tata Ruang Wilayah: Meaningful Participation Dalam Pembentukan Peraturan Andriyansyah, Fahrudin; Azmani, Muhammad Usman Syahirul
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.v7i2.4878

Abstract

Community involvement and participation are very important in the drafting of regional regulations. If involvement and participation are neglected, the consequences will have an impact on the formal legitimacy of the regional regulations. The legalized of Malang City Regional Regulation Number 6 of 2022 on the Spatial Planning for the City of Malang for 2022-2042 in its development raises a big question,  has the community been involved? Even if the community is involved, to what extent has this involvement been carried out? Does it meet reasonable eligibility criteria? The purpose of this study is to find out and analyse the application of meaningful participation in the establishment of Malang City Regional Regulation Number 6 of 2022 on Spatial Planning for Malang City for the 2022-2042 period. The research method used by the author is empirical legal research by conducting direct interviews with the Chairperson Regional Representative Council of the Malang City and Deputy Mayor of Malang in the Field of Economics and Development. The stages of preparing the Malang City Regional Regulation Number 6 of 2022 on Spatial Planning for the City of Malang for 2022-2042 include the stages of planning, preparation, discussion, evaluation, determination and publication. The implementation of meaningful participation in the formation of the Malang City Regional Regulation Number 6 of 2022 on the Malang City Spatial Plan for 2022-2042 was not carried out properly because the documents for forming the a quo Regional Regulation were prepared by the Malang City DPRD and the City Government.
Kecacatan Hukum Perjanjian Jual Beli Vila Widiyanti, Ikarini Dani; Sari, Nuzulia Kumala; Ayuning Tiyas, Vica Putri
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.v7i1.4730

Abstract

The implementation of buying and selling will not always be in accordance with what has been agreed. As an example of the case between Johandi Akman who is consumer and PT.Putra Adhi Prima who is a seller or business actor. In this case the panel of judges in the Cibinong Court Decision Number: 57/Pdt.G/2021/Pn.Cbi on 12 July 2021 stated that PT. Putra Adhi Prima had committed an unlawful act where there were hidden defects in the NE-21 villa that was purchased by Johandi Akman. The formulation of the problem in this writing is; First, how is the validity of the binding sale and purchase agreement (PPJB) of villa NE-21 which contains hidden defects? Second, what are the legal consequences of the binding sale and purchase agreement (PPJB) of villa NE-21 which contains elements of an unlawful act? Third, what are the legal considerations in the decision number. 57/Pdt.G/2021 is in accordance with the provisions of Law Number 8 of 1999 concerning Consumer Protection? The research method used is normative juridical with a statutory and conceptual approach. The results obtained from the research are the invalidity of the binding sale and purchase agreement which contains hidden defects, legal consequences of the binding sale and purchase agreement which contains elements of unlawful acts, so the injured party can claim responsibility for the losses suffered, and the legal considerations in decision number 57/Pdt.G/2021/Pn.Cbi are in accordance with applicable legal provisions.

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