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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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Pilihan Hukum Dan Pilihan Forum Dalam Sengketa Konstruksi Yang Melibatkan Badan Usaha Jasa Konstruksi Asing Saputri, Theodora Pritadianing
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.v8i1.6099

Abstract

Project owners in Indonesia often involve foreign contractors in their construction projects. In projects that involve cross-border construction services, issues frequently arise regarding which law should govern the construction work contracts made by the parties. This is considering that Law Number 2 of 2017 on Construction Services in Indonesia stipulates that construction work contracts are subject to Indonesian law. However, in the provision of cross-border construction services, contractors will also perform some construction services in other jurisdictions and must comply with the regulations in those jurisdictions. This article, using an empirical juridical research method, will discuss the concepts of choice of law and choice of forum relevant to construction disputes. The construction disputes discussed here are not only those related to construction work contracts but also those related to building failures. From the study conducted, it is found that in determining the choice of law, the parties must also comply with mandatory legal principles applicable to the construction project. Furthermore, the choice of forum will be somewhat influenced by the choice of law agreed upon by the parties. However, for construction disputes not related to construction work contracts, the choice of law and forum becomes less relevant because the responsibility that arises is not based on a contractual relationship but on legal principles that protect the aggrieved party.
The Setback of Indonesia Democracy in The Covid-19 Pandemic Era in Law-Making Process Firdaus, Fahmi Ramadhan
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.v8i1.6231

Abstract

At the beginning of 2020, the world was faced with the COVID-19 Pandemic which had an impact on various fields, from health, economics, education to politics and law, especially in the Law-Making Process, the existence of Large-Scale Social Restriction policies to overcome the Pandemic on the other hand had an impact on limited space for participation. The public takes part in the Law-Making Process due to the policy to reduce meetings involving large crowds in one place, apart from that the issue of transparency worsens the practice of the Law-Making Process during the Covid-19 Pandemic, including the revision of the Mineral and Coal Law and the Law-Making Process of the Job Creation Law, even though the existence of the law is the basis for the government to act and carry out its functions is an essential thing in a civil law based state. A good law must fulfill 2 (two) aspects, including the material and the formal aspects. Several practices that deviate from formal aspects of the Law-Making Process during the Covid-19 Pandemic violate the principles of participation and transparency and threaten democracy. Through a normative juridical approach with conceptual, statutory and comparative approaches, this research aims to explain the symptoms of legislative practices that threaten democracy during the Covid-19 Pandemic. The research results show that participation in the Law-Making Process during the Pandemic was weak and not transparent. In the future, as an effort to maximize public participation in the Law-Making Process during the emergency period, it needs to be supported by the adoption of information technology to comprehensively support the public's role in the Law-Making Process at every stage, coupled with the Constitutional Court Decision No. 91/PUU-XVIII/2020 which orders meaningful public participation in Law-Making Process.

Page 25 of 25 | Total Record : 242

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