cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. Ramadhana Alfaris
Contact Email
widyayuridika@widyagama.ac.id
Phone
-
Journal Mail Official
widyayuridika@widyagama.ac.id
Editorial Address
-
Location
Kota malang,
Jawa timur
INDONESIA
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
 21   22   23   24   25 
Peran Jaksa Pengacara Negara Sebagai Perwakilan RSUD Karawang dalam Kasus Wanprestasi Amri, Qoonitah; Dewi, Sartika; 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.v8i1.5914

Abstract

The Republic of Indonesia is a state based on law, as affirmed in Article 1, Paragraph (3) of the 1945 Constitution. One of the critical government institutions within this legal framework is the Attorney General's Office, which functions in the judicial authority concerning prosecution and holds various powers as mandated by law. The State Attorney's Office operates under this institution, specifically handling civil matters on behalf of the state. This study aims to identify the role of the State Attorney in handling Case Number 44/Pdt.G.S/2022/PN Kwg and to examine the legal considerations used by the judge in deciding this case. The research employs a normative juridical approach, which, according to Soerjono Soekanto, involves examining library materials or secondary data as the basis for analysis. The findings reveal that the State Attorney can act as a legal representative for the state, as stipulated in Article 30, Paragraph (2) of Law Number 16 of 2004. However, State Attorneys face challenges, one of which is the non-executable nature of some verdicts, often due to the absence of executable assets, execution objects being held by third parties, or the declaratory nature of the verdicts. In Case Number 44/Pdt.G.S/2022/PN Kwg, the judge partially granted the plaintiff's claim. The judge's considerations, based on Articles 1320, 1238, and 1234 of the Indonesian Civil Code, established that the legal agreement between the parties became void due to the negligence of one party. Consequently, the judge concluded that the defendant was in breach of contract (wanprestasi).
Politik Hukum Pengampunan Pajak Terhadap Putusan Mahkamah Konstitusi Anwar, Khoirul
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.v8i1.5916

Abstract

Law Number 11 of 2016 concerning Tax Amnesty is a regulation from the government as part of increasing tax revenue in Indonesia. Tax amnesty is considered to have various shortcomings that harm the values of justice and constitutionality. Reviewing laws that have been decided by the Constitutional Court with Decisions Numbers 57, 58, 59 AND 63/PUU-XIV/2016 and strengthening the a quo law to remain valid in Indonesia. This decision is considered to be inconsistent with the social and legal facts that occur in society. The aim of this research is to answer and analyze how the Constitutional Court considered the review of the Tax Amnesty Law and to analyze the legal implications following the Constitutional Court's decision. The research method used in this research is normative legal research which is intended to examine legal politics and the implications of tax amnesty in Indonesia. The results and discussion in this research are to explain and analyze legal regulations as regulations made by the Indonesian government, and the Constitutional Court's consideration of requests for judicial review, which are linked to the legal implications of tax amnesty following the Constitutional Court's decision. Decisions Numbers 57, 58, 59 AND 63/PUU-XIV/2016 are the basis for the current implementation of tax amnesty and will become a reference in the future. The conclusion in this research is that the Constitutional Court stated that law number 11 of 2016 concerning Tax Amnesty does not conflict with the 1945 Constitution of the Republic of Indonesia. The success of this law is not perfect, because there is one element of tax amnesty acceptance, namely asset declaration, increase Tax and repatriation databases which have an impact on increasing new tax subjects and objects are not fulfilled.
Implikasi Pembatalan Batasan Waktu Pengajuan Grasi Pasca Putusan Mahkamah Konstitusi Azharie, Ade; Christiawan, Rio; Widyaningrum, Tuti
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.v8i1.5928

Abstract

Provisions regarding applications for clemency were previously regulated in Law No. 5 of 2010, then annulled by the Constitutional Court and returned to the norm, which does not provide a time limit for applications for clemency. As a result, for death row inmates, the implementation of court decisions or executions must wait for the convict's request for clemency. The problem that will be studied in this paper is whether the Constitutional Court's decision has implications for hampering law enforcement at the execution stage and resulting in disruption of the element of legal certainty. The research was conducted using a normative juridical research approach with secondary data, which was obtained from library research. If data analysis is described in the form of sentence descriptions and analyzed qualitatively, then a conclusion will be drawn. Based on the research results, it is known that the implication in the execution stage that arises is that there are endless attempts to delay execution, giving rise to uncertainty. The prosecutor, as the executor, experienced difficulties in carrying out the execution of the convict. This delay reduces the deterrent effect on law enforcement. Legal certainty must still be part of the objectives of the law, not just paying attention to justice and benefit alone. Thus, it is still necessary to calculate a reasonable time regarding the deadline for executing the death penalty, especially when the convict or his heirs do not submit a request for clemency.
Best Practices Layanan Telemedisin Rumah Sakit Yayasan dalam Pemenuhan Hak Kesehatan Prananingrum, Dyah Hapsari; Prasetyo, Abigail; Yanto, Oliviani; Putri, Kezia Annabel Rinda
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.v8i1.5958

Abstract

This research analyzes the fulfillment of health rights through telemedicine services by Foundation Hospitals. The best practice of telemedicine services by Panti Wilasa Citarum Hospital is carried out as a form of citizens' right to health as mandated in the Constitution. The best practice of hospital telemedicine is in line with the character of the foundation that prioritizes humanitarian values and is not for profit.  This research is an empirical juridical research that uses field studies complemented by literature studies. A purposive sampling technique was used to sample the good practice of telemedicine in Panti Wilasa Citarum Hospital. Primary data was collected by interviewing the director and the doctor in charge of telemedicine, while secondary data was collected by literature study. After the data is collected, it is analyzed qualitatively. From this study, the fulfillment of patient health rights in telemedicine services is in principle subject to the 1945 Constitution, Law Number 17 of 2023 concerning Health and implementing regulations governing patient rights. The findings in this study are that the Foundation Hospital or Panti Wilasa Citarum Hospital, the best practices carried out have described practices that refer to a model of excellence in telemedicine services that can be utilized by other hospitals as a model for telemedicine and the government in formulating policies that can encourage better implementation of telemedicine by Foundation Hospitals. Furthermore, the fulfillment of patient health rights in the implementation of best practices in hospital telemedicine services, in the form of being given the correct answer from the results of the examination, giving the right medicine, getting assistance if the patient is in a category that must be accompanied, and getting personal data protection. Thus, the right to health has been fulfilled through the Foundation Hospital telemedicine service.
Penanganan Petty Corruption Dengan Denda Damai Sebagai Bentuk Keadilan Restoratif Simeone, Nicholas Gerard Felix; Frans, Mardian Putra
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.v8i1.5974

Abstract

This paper aims to discuss the legal issue of the application of peace fines in an effort to deal with petty corruption. This issue was born out of the issuance of Circular Letter of the Deputy Special Crimes Prosecutor Number: B-113/F/Fd. 1/05/2010 on Prioritization of Achievements in Handling Corruption Cases, which instructs agencies to prioritize corruption crimes with large losses and to discontinue corruption cases with small amounts, only by returning losses. Petty Corruption is a corrupt practice that refers to a relatively small amount of money and is carried out in the bureaucratic process of small public officials. So that if petty corruption is subject to the applicable positive law, it will cause injustice. This paper aims to provide a concept analysis of the application of peaceful fines in handling petty corruption that prioritizes restorative justice, guarantees justice, benefits and legal certainty and fulfills the principle of proportionality. The legal research conducted is normative juridical research with a conceptual approach and a statutory approach. The result of this research is that the mechanism of peaceful fines in handling petty corruption is a solution to the problems that arise. The application of peaceful fines to the handling of petty corruption provides a new breakthrough in law enforcement in the crime of corruption. With the application of peaceful fines, the sanctions given are in accordance with the principle of proportionality so that justice, benefit and legal certainty are fully fulfilled and prioritize restorative justice.
Comparative Perspectives on Rice Field Protection Policies in Solok City and Alor Setar Fauziah, Hanifatul; Budhiartie, Arrie; Mohd Ridzuan, Muhammad Ameer Syazwan bin
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.v8i1.6030

Abstract

Rice fields are a vital natural resource, especially in major rice-producing countries such as Indonesia and Malaysia. However, the existence of paddy fields is increasingly threatened by high land conversion due to development pressure and population growth. This research aims to compare the rice field protection policies in Solok City, Indonesia, and Alor Setar, Malaysia, and analyze their effectiveness in preventing land conversion and maintaining the sustainability of rice production. This research uses a normative method with a comparative approach, by analyzing relevant laws, regulations, and literature. The results show that the two cities have differences in the policy approach to protecting paddy fields. Solok City has comprehensive local regulations as it uses the principle of regional autonomy, while Alor Setar relies more on national laws and the role of government agencies such as MADA. However, both cities face challenges in policy implementation, especially in terms of socialization, law enforcement, and effective monitoring. This study provides policy recommendations for the improvement of sawah protection in both cities, including increased socialization, strengthened institutional capacity, increased economic incentives for farmers, and improved data and information systems. This research is expected to contribute to efforts to protect rice fields and maintain food security in Indonesia and Malaysia.
Kedaulatan Hukum Untuk Pendidikan: Membangun Fondasi Generasi Emas 2045 Dalam Perspektif Hukum Progresif Hidayat, Wahyu; Kholik, Nur
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.v8i1.6032

Abstract

Legal sovereignty in education is an important pillar in building the foundations of Indonesia's golden generation in 2045. This legal sovereignty includes the application and enforcement of laws that are fair and equitable, as well as supporting the education system to create a conducive environment. The law plays a crucial role which is clearly stated in the law -1945 Constitution, Based on Article 31 of the 1945 Constitution, education is regulated as a right of every citizen which must be guaranteed by the state. The world of education in Indonesia has not yet received more attention from the government. Even though it is clear that the Law above mandates that the government should be able to carry out equality in all regions in order to achieve the vision of Golden Indonesia 2045 itself. The author concludes that legal sovereignty in education to build the foundations for the golden generation of 2045 in a progressive legal perspective is very relevant for the government to strive for, therefore the central government and regional governments as policy makers need to concentrate on implementing the Rule of Law in the World of Education in Indonesia.
Modifikasi Teknis Yudisial Dalam Penyelesaian Sengketa Keputusan Fiktif Positif Sebagai Implikasi Berlakunya OMNIBUSLAW Cipta Kerja Sulaiman, Mohammad Farouq
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.v8i1.6038

Abstract

Some of groups who interpret Article 175 number 7 paragraphs (4) and (5) of the Law on Job Creation (UU Ciptaker No. 6 of the year 2023), as a norm that eliminates the concept of positive fictitious decisions and eliminates the authority of the PTUN to adjudicate them, which is delegated to the relevant government agency. Through doctrinal research using an integral approach to the three underlying laws, an understanding of the existence of judicial technical modifications in resolving TUN disputes arising from positive fictitious decisions is obtained, namely through tiered procedures by taking administrative efforts in government agency first as mandatory. If it turns out that the appropriate solution has not been obtained, then the aggrieved community can take legal action as factual action lawsuit to the PTUN as a means and final option.
Penerapan Best Practices Pengelolaan Keuangan Negara Pada Sektor Pengadaan Barang Dan Jasa Pemerintah Sebgai Upaya Mewujudkan Good Governance Hendrawan, Rikki
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.v8i1.6043

Abstract

In practice, a lot of irregularities occur in the process of procuring goods and services both in the budget planning process, the procurement preparation process, the process of implementing the procurement of goods and services, handing over payments and in the process of monitoring and accountability. The procurement of government goods and services is indeed a wetland for a number of individuals to commit corruption. The purpose of the research is to provide a new perspective in solving the complexity of problems in the procurement of government goods and services and analyse existing problems in order to reduce legal problems in the procurement of goods / services, especially related to the formulation of problems in this study, namely How is the mechanism of procurement of goods and services in the frame of current concepts and realities and secondly, How is the best practice of financial management in the procurement of government goods and services. This research is a normative research that uses literature study. The data collection method is carried out by reading, analysing, and tracing sources through journals, books, and laws and regulations. The method of analysis used in this research is descriptive qualitative analysis, namely interpreting the data obtained in the form of sentence descriptions. The results of this study indicate that the concept of goods / services procurement is still not in line with the existing reality, where there are many problems in the procurement of goods / services both at the planning stage and the delivery of goods. So that in this study to minimise various problems in the procurement of goods / services, the government should adopt the principles of best practice in state financial management, so as to realise good governance.
Perbandingan Kode Etik Hakim Konstitusi Antara Indonesia Dan Jerman Wahyuda, Muhammad Riyan; Kartika, Adhitya Widya
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.v8i1.6052

Abstract

The research studied by the author aims to understand and compare the regulation of the code of ethics of Indonesian and German constitutional judges and explain the regulation of the code of ethics of German judges stipulated in the BDG. The author conducts this research in a normative manner that analyzes norms in legislation using a comparative approach and statute approach. Indonesia and Germany have similar legal systems and similar historical backgrounds where both countries have experienced authoritarian regimes, so the Constitutional Court is present to prevent this from reappearing. The results showed that the Constitutional Court Regulation related to the code of ethics for constitutional judges refers to The Bangalore Principles 2002. The Constitutional Court Regulation itself has the same position as the Presidential Regulation "conditionally". The legal literature of PMK actually has the nature of internal regelingen, which means that the character of PMK is only binding on an institution. Germany does not regulate in detail in a regulation as found in Indonesia. Germany regulates the code of ethics in the Bundesdisziplinargesetz - BDG which is a law in federal disciplinary matters that applies mutatis mutandis with the Deutsches Richtergesetz - DRiG. The conclusion from the results of the research that has been reviewed by the author is that Indonesian legal policies that can report are not only internal to the Constitutional Court but the public can also report, while Germany which is regulated in the Law only applies to civil servants, especially constitutional judges.

Page 24 of 25 | Total Record : 242

 21   22   23   24   25 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol 8 No 1 (2025): Law and Society Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum Vol 6, No 1 (2023): Widya Yuridika: Jurnal Hukum Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum Vol 4, No 1 (2021): Widya Yuridika, Periode Juni 2021 Vol 4, No 2 (2021): Widya Yuridika: Jurnal Hukum Vol 4, No 1 (2021): Widya Yuridika: Jurnal Hukum Vol 3, No 2 (2020): Widya Yuridika: Jurnal Hukum Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum Vol 2, No 1 (2019): Widya Yuridika: Jurnal Hukum Vol 1, No 2 (2018): Widya Yuridika, Periode Desember, 2018 Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum More Issue