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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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Cyber Notary Dalam Pembuatan Akta Kadir Salmudin, Andi Muhammad; Sakharina, Iin Karita; Arisaputra, Muhammad Ilham
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.v7i2.4969

Abstract

This study aims to analyze the implementation of cyber notary services in Makassar City and to analyze the inhibiting factors for implementing cyber notary services in making deed in Makassar City. This research is an empirical research type, the location of this research was conducted in Makassar City, South Sulawesi Province.  The results of the study show that the application of cyber notary services to date has not had a notary in Makassar City who has made a notary deed using the cyber notary system because a notary does not have the authority granted by law to make it. The authority granted by UUJN is limited to the authority to certify transaction activities between notaries and appearers, including data collection. But not for the Notary's authority as a whole, namely the preparation of authentic deeds or the making of authentic deeds. The existence of legal implications for the delay in implementing cyber notary services is due to the ambiguity of norms (inconsistency) regarding Article 16 paragraph (1) letter m UUJNP 2014 with Article 15 paragraph (3) UUJNP 2014 which has implications for the implementation of a notary's authority such as the application of cyber notary in making deed authentic. Including the existence of several existing laws, namely: Article 1 paragraph (7) UUJN; Article 16 paragraph (1) letter m UUJN; Article 1868 Civil Code; and Article 5 paragraph (4) of the ITE Law which has legal implications for delays in the implementation of cyber notary services. So that if a notary insists on making an authentic deed in a cyber notary way, it will result in the degradation of the authentic deed into an underhanded deed.
Securing Personal Data: Unveiling The Crucial Role Of Legal Education In Non-Fungible Token Sites Silviani, Ninne Zahara; Abrar, Farhan Rabbani
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.v7i1.4732

Abstract

With the rapid advancement of technology, the emergence of Non-Fungible Token (NFT) platforms has revolutionized digital buying and selling. However, this innovative platform has also given rise to a concerning issue: the unintentional trade of personal data instead of artwork. This problem poses a significant challenge in protecting individuals' personal information, especially when items like National Identity Card (KTP) photos are sold as NFT assets. This research aims to explore the critical importance of legal education in safeguarding personal data, thus preventing such transactions that may lead to self-harm. Employing a normative juridical method and a conceptual approach, this study extensively analyzes legal aspects and regulations related to personal data protection. The findings underscore the urgent need for legal education to effectively address personal data transactions on NFT sites within marketplace platforms. Despite the implementation of the Personal Data Protection Act (Law Number 27 of 2022), it is clear that the legislation alone is insufficient. Given the gravity of the issue, comprehensive public education initiatives involving various segments of society are crucial. Protecting personal data has become a matter of utmost concern for the government, the state, NFT platform users, and internet users at large. Individuals must adopt a vigilant and proactive approach in safeguarding their personal data. Legal education programs, including outreach activities conducted by governmental and non-governmental entities, along with the involvement of students and academics in community counseling, can effectively support this objective.
Urgensi Pencantuman Regulasi Power Wheeling Ditinjau Dari Konsep Penguasaan Negara Dalam Konstitusi Suswinarto, Gamos Cristo; K, Felicia Audrey
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5559

Abstract

This research aims to legally criticize the inclusion of the power wheeling scheme in the Draft Law on New and Renewable Energy, which has been debated in academic circles. This research uses the Normative juridical method, with conceptual and statutory approaches. The power wheeling scheme produces multiple seller and multiple buyer conditions, where private companies can not only produce electricity through private power plants (IPP), they can also sell electricity directly to the public, this is then a problem that needs to be studied legally, because if we look at electricity is (public utilities) concerning the livelihood of many people so that in determining the price of electricity it is not right to enter into a free market mechanism because the price will be determined by Supply and Demand, if Demand is high and supply is fixed then the price of electricity will automatically rise so that the mechanism is not able to guarantee the stability of the price of electricity and the power wheeling scheme will result in monopoly and electricity capitalism. Therefore, this mechanism should not be included in the Draft EBT Law because it contradicts Article 33 paragraph 2 of the 1945 Constitution which states that, Branches of production that control the livelihood of many people are controlled by the state. Therefore, through this research, the author would like to provide legal criticism of the power wheeling scheme, because basically a legal instrument must be able to guarantee and justify how the constitution should speak.
Makna Yuridis Tindak Pidana Yang Sifatnya Ringan Dalam Konsep Judicial Pardon Ditinjau Berdasarkan Asas Legalitas Nazara, Imanuel; Burhanudin, Krisna; Putra Frans, Mardian
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5573

Abstract

The legal issue of this research is the blurring of the juridical meaning of light criminal acts in the provision of forgiveness by a judge or what is also called Judicial Pardon which is contained in Article 54 Paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code. This research analyzes in particular the explanation of Article 54 Paragraph (2) relating to the phrase contained in that Article, namely minor criminal acts. Indicators of an act as a light criminal act are not explained explicitly, such as benchmarks for the lightness of the act, the threat of punishment, and the threat of a fine in the Criminal Code, thereby giving rise to ambiguity or unclear meaning which can cause inequality in the application of punishment in criminal law. in Indonesia. This research is normative legal research which examines it based on positive law. The results of this research are that regarding the meaning of minor criminal acts in the judge's giving of forgiveness is not in accordance with the principle of legality, namely that there is unclear meaning. The aim of this research is to explore the meaning of minor criminal acts in giving forgiveness by judges based on the principle of legality.
Pengaruh Illegal fishing Terhadap Keberlanjutan Sumber Daya Ikan: Kajian Hukum Internasional dan Implementasinya di Tingkat Nasional Ekananda, Gita Aprilia
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5582

Abstract

This research explores the impacts and challenges of illegal fishing in Indonesian waters by focusing on aspects of fish resource sustainability, international legal regulations, and strategies and efforts undertaken by the Indonesian government. Geographically, Indonesia has a vast ocean area with abundant potential marine wealth. However, the sustainability of fish resources is faced with serious challenges due to illegal fishing practices by foreign fishermen that harm the marine ecosystem and the country's economy. This practice is not only limited to fishing without a license, but also includes the use of environmentally destructive fishing gear and violations of fisheries boundaries. This research discusses the international and national legal context with a normative legal approach by examining legal materials, both written and unwritten, to obtain conclusions about applicable legal arrangements including UNCLOS 1982, FAO Compliance Agreement 1993, and other agreements governing the prevention of illegal fishing. Law implementation at the national level and law enforcement still face obstacles, such as overlapping regulations and lack of effectiveness of law enforcement officers. The Indonesian government has taken a number of steps to deal with illegal fishing, including strengthening the legal framework, law enforcement, use of technology such as Vessel Monitoring System, and international cooperation. However, challenges persist, and a comprehensive strategy that engages communities to strengthen nationalism values and increase involvement in the country's defense and security is needed
Fungsi Hukum Administrasi Negara Terhadap Pengawasan Kebijakan Publik Dalam Penyelenggaraan Anggaran Dana Pemenuhan Pendidikan Ar Rasyid, M. Afif; Daulay, Nisrina Ramadhani; Octaviyani, Rahma
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5705

Abstract

Education is an important element for the progress of the nation and state. Decent education reflects the country's success in meeting society's needs. The public's need for education arises from the existence of social phenomena which have implications, public policy becomes a rule that is supervised by law in its implementation. In practice, policy implementation is still difficult to monitor, considering that many policies do not function according to their objectives. Free education is a public policy product that should be implemented so that all people can receive free education from elementary, middle and high school. Aiming at increasing the nation's intelligence in developing human resources, people no longer need to pay money to carry out education because education costs are the responsibility of the state. The method used is normative juridical using legal materials in the form of literature studies or secondary book materials and related cases. This research discusses several schools that implement free schools but still charge fees such as school construction fees, uniform fees, and other fees. By examining how administrative law monitors the implementation of public policies that have been implemented so that they are implemented according to their objectives. Analyzing what factors free education is not fully implemented. So there needs to be coordination and structured collaboration in implementing the free education policy in schools.
Cash on Delivery in E-Commerce Indonesia: A Solution or a problem? Dirkareshza, Rianda; Witarso, Laurentius Sandi; Permatasari, Elizabet Devi; Indra, Rafael
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5728

Abstract

Cash on Delivery (COD) is one of the frequently utilized payment methods in Indonesian e-commerce, enabling buyers to settle payments for purchased goods upon their arrival at the designated address. However, the limited comprehension among the public regarding the COD mechanism gives rise to various legal predicaments, encompassing both criminal and civil aspects. This research endeavors to ascertain the psychological state of logistics partners who fall victim to consumers misconstruing the COD process, the legal quandaries prompted by COD, and legal remedies to these issues. Employing the normative juridical method with a statutory approach, supplemented by concepts, cases, and interviews, this study finds that, according to the Job Stress Scale measuring instrument, couriers experiencing a substantial volume of daily COD deliveries endure significant stress levels at 58.5%. The stress among couriers emanates from rampant instances of legal transgressions associated with COD, encompassing both criminal and civil domains. Consequently, addressing this challenge necessitates the provision of alternative payment modes such as bank transfers, digital wallets, or installment payments. Furthermore, the establishment of specialized COD regulations is imperative to mitigate the likelihood of similar occurrences in the future.
Voluntary Restraint Sebagai Hukum Untuk Membatasi Penggunaan Hak Veto Negara dalam Kasus Penyelesaian Mass Atrocity Jacobus, Chris Emilians; de Sousa, Freidelino Paixao Ramos Alves
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5798

Abstract

This research objective is to analyze Voluntary Restraint as a legal concept to limiting the veto used by P5 countries of United Nation Security Council (5 permanent member of UNSC) in settlement of mass atrocity case. This research is a normative juridical research that used conceptual and historical approach. Veto is used by P5 countries only for their benefits and national interest, even in cases that are clearly a serious violation of principles in UN and International community, and because of that the used of veto  must be limited. Voluntary Restraint is a legal concept that essentially limits or prohibits the veto use, especially in mass atrocity cases and this is in line with Jus Cogens principle, which is the peremptory norm that has been agreed by the international community including by the P5 countries. The findings of this research are that Voluntary Restraint is a Law itself and as a manifestation of the Jus Cogens principle. Ideally this concept should be a written norm in the UN charter, but this concept can be implemented or not is back to the commitment about world peace, international security and respect of Human Rights from the P5 countries itself.
Rekam Medis Elektronik Berbasis Cloud Computing: Pertanggungjawaban Hukum Akibat Kebocoran Data Pasien Yanto, Oliviani; Putri, Kezia Annabel Rinda; Prananingrum, Dyah Hapsari
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5864

Abstract

The primary objective of this research is to analyze legal liability in breach of patient’s medical record in SatuSehat platform that provides Cloud Computing-based electronic medical record. This research is a document study or normative legal research that uses conceptual approach and statute approach. The Omnibus Health Law and Minister of Health Regulation about Medical Records require in implementation of medical records must be in electronic form or electronic medical records. As a result of this obligation, legal issue arises related to the protection and confidentiality of patient data which stored and managed by electronic medical record’s administrator. Focus of this research is the implementation of a cloud computing-based electronic system through a system developed by the Ministry of Health which is SatuSehat. This research shows that the party who legally liable for the implementation of Cloud Computing-based electronic medical records is the Ministry of Health, the reason is because there is a transfer of legal liability from healthcare facility to the Ministry of Health because initially the patient data is received by the healthcare facility, and then integrated into the Cloud Computing-based electronic medical record. So because of that, Ministry of Health as a party who has full authority of the data that has been received and integrated in SatuSehat system must held the responsibility if there is a problem with the data. Therefore, the purpose of this study is not only to analyze of the legal responsibility but also to provide legal basis for the protection of hospitals, doctors and patients in the event of a data leak in the SatuSehat Platform. In addition, authors analyzes the protection principles applied in Indonesia with three pillars of patient health data protection applied in the United States.
Wasiat Wajibah dalam Sistem Kewarisan Islam di Indonesia: Studi Kasus Yurisprudensi dan Implikasinya bagi Ahli Waris Non-Muslim Fauzan, Rafli Akmal; Amalia, Lia; Abas, Muhamad
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5890

Abstract

This article aims to analyze the regulations regarding compulsory bequests (wasiat wajibah) in the Islamic inheritance system in Indonesia, particularly concerning non-Muslim heirs. The primary focus is to understand how Indonesian jurisprudence and regulations respond to and accommodate the inheritance rights of heirs of different religions. The methodology used in this research is a normative juridical approach, encompassing legislative analysis, case law, and examination of legal documents such as the Compilation of Islamic Law (KHI) and Supreme Court decisions. The findings reveal that although traditional Islamic legal sources like the Quran, Sunnah, Ijma, and Qiyas have not yet accommodated compulsory bequests for non-Muslim heirs, the development of Indonesian jurisprudence has begun to recognize these rights. Supreme Court rulings, such as Decision Number 368 K/Ag/1995 and Number 51 K/Ag/1999, have paved the way for the acknowledgment of compulsory bequests to non-Muslim heirs. These decisions indicate the judges' efforts to balance justice and equality in a pluralistic society. The regulation of compulsory bequests in Indonesia has experienced significant development by including non-Muslim heirs in the inheritance scheme through compulsory bequests. This reflects the adaptation of Islamic law to the evolving social context and demonstrates the commitment of Indonesian judicial institutions to interpreting the law in a more inclusive and equitable manner. This jurisprudence is crucial for providing justice to all parties, regardless of religious differences, and showcases the flexibility of Islamic law in addressing contemporary societal needs.

Page 23 of 25 | Total Record : 242

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