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Widya Yuridika

yuridika
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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

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KARAKTERISTIK TINDAKAN TIPPEE DALAM PRAKTIK INSIDER TRAIDING PADA PASAR MODAL INDONESIA Putu Eva Ditayani Antari; I Gusti Agung Ayu Mas Triwulandari
Widya Yuridika Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

The practice of insider trading is a very neat offense, the object it is working on has been planned carefully and carried out gradually, so it is certainly understandable that to catch the culprit is not an easy matter. Oversight of the Financial Services Authority on the actions of insider trading actors may prevent insider trading practices by certain parties, especially the unregulated tippee (legal vacuum) in the Capital Market Law. This research is a type of normative juridical research by raising legal issues concerning the characteristics of tippee actions in the practice of insider trading on the capital market in Indonesia. The results of the study found that to be a tippee regulated in the Capital Market Law, it is necessary to have an "effort" from the tippee itself to get inside information, whether by acting against the law or not. From this arises a weakness in the arrangement regarding insider or parties that are prohibited from conducting securities transactions. The weakness is that it does not regulate tippees who get insider information passively (not doing business). Tippees who are prohibited from conducting securities transactions are active tippees who, on their own initiative, seek insider information, where: a). The information is sought by breaking the law, such as by stealing, persuading, violence, or threats, or). The information is with restrictions (such as confidentiality obligations). So the advice that can be given is that it should be made more stringent arrangements related to tippee actions in order to create legal protection against tippee actions in insider trading which is very detrimental to investors. Legal protection is in the form of making legal rules that are fair and dynamic because by enforcing and making legal rules that are fair and dynamic, it will create an investor's trust to invest their capital in the Indonesian capital market.

PERAN ADVOKAT DALAM PEMBANGUNAN HUKUM INDONESIA Mochamad Mansur
Widya Yuridika Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

In everyday there are few terms that used to interpret this law profession. Some are termed the lawyers and also use the phrase of legal advisor, lawyer or advocate in Malaysia known as Peguam. The advocates, lawyer and legal advisor terms in english languange also can be called as trial lawyer or specifically in America known as attorney at law as well as in the United Kingdom known as barrister, and the role given by the lawyer that using the legal advisor terms in America known as counselor at law or also solicitor in United Kingdom. In constitution number 18 of 2003 about advocate, the word advocate is used in chapter I about General Conditions explained, Advocate is a person who work as legal professionals, both inside and outside of the court who fulfills the requirements under the provisions of this law. In practice the law profession is not only undertaken by the advocate during examination process at the level of investigation and examination in court (litigation process), however the role of advocate is also seen outside the court. The need for advocate legal services outside the court process is currently increasing, in line with growing needs of the community law, especially in existence that is increasingly open in association between nations. Through consulting services, negotiation and in making contracts for community empowerment and national law reform, especially in the economics and trade, including settlement of disputes outside of the court. Advocates as one element of the justice system is one of the pillars in upholding the rule of law and the human right. Advocates are a noble profession that is closely related to humanity. Increasing capital flows and foreign investment, especially among business people in ASEAN member countries (inter-ASEAN trade and investment), logically it will be followed by an increase in the need of lawyers or legal advisor services. This profession is important in providing direction and legal advices, including the assistance needed by business people properly and protected in Indonesia. Vice versa, when Indonesian business people decided to develop the investment and production activites, for example to Thailand or other ASEAN countries. Indonesian business people will need the services of lawyers or legal advisor who understand the provisions of Thailand laws. The challenges of the advocates basically lies mostly on advocates and the professional advocate commuity to how far the advocates can respond to the problems of the community in his environment. Another challenge is the political climate factor wich is not conducive to developing the role of advocates, for this reason, there is a need for a socialization of the function of the existence of an advocate role both for officials and the general public. These challenges will be increasingly complex when professional skill and the enthusiasm for learning from the lawyers do not grow in accordance with the demands of the global era, including the mastery of foreign languages as a key to opening communication with foreign relation. For this reason, the relationship network with IBA (International BAR Association), ABA (American BAR Association), Lawyer Commitee For Human Rights and the like needs in the era of globization.

LAMBATNYA PENANGANAN PERKARA TINDAK PIDANA KARENA TIDAK OPTIMALNYA KOORDINASI DALAM TAHAP PRAPENUNTUTAN (URGENSI PERWUJUDAN SISTEM JAKSA ZONA) Nurul Dewinta; Haeranah Haeranah; Nur Azisa
Widya Yuridika Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

This study purpose to determine: the implementation of coordination between investigators and public prosecutors at the pre-prosecution stage, obstacles that arise in the implementation of coordination between investigators and public prosecutors as well as efforts made to maximize the coordination function at the pre-prosecution This research is empirical normative research. In order to obtain data relevant to the needs of this research, the author conducted a study at the Kotamobagu District Prosecutor's Office and Kotamobagu Resort Police. The results of the study show that (1) In handling a criminal case, the party responsible for law enforcement should establish a good coordination so that the duration of the case handling process does not occur which results in a fast, simple and low cost judicial principle. However, the coordination carried out by investigators at the Kotamobagu Resort Police and the public prosecutor at the Kotamobagu District Attorney's Office at the pre-prosecution stage has not been carried out to the maximum. (2) Constraints that arise in coordinating and the efforts made to maximize the coordination function at the pre-prosecution stage based on the Kotamobagu District Prosecutor's case study and Kotamobagu Resort Police. 3) the community uses the law as a tool to achieve personal goals, for example, get material benefits so that the efforts taken are to carry out legal counseling to the community.

IMPLEMENTASI PENGAKUAN DAN JAMINAN HAM SEBAGAI UPAYA PENGUATAN INTEGRASI BANGSA Nadir Nadir
Widya Yuridika Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

The existence of radicalism movement recently has made us worried about the nation and state life in the world order, since this movement is able to attract others from various elements of people and states that the teachings and ideology the movement offers are good. This movement at last will influence either the national or international stability because it is wellorganized. Therefore, it is necessary to reinforce the recognition and assurance of human rights especially the prosperity of the state that may make Indonesian people easy to be attracted by any offerings given by the groups of this radical movement. If in the past the movement of human rights was constructed by the thinkers due to arbitrarv rulers, at present human rights is moved and thought in order to strengthen the national integration. The alarming development of trans- national radicalism movements has given impacts on a national disintegration, therefore, the principle of recogmtion and assurance in the protection of human rights is lead to protect, save, and to assure the prosperity porn the state since few peoplejoining in a radical movement are not caused ofjihad but of economic reasons. If the state seriously give some recognition and assurance of human rights, the citizens feel to be protected. This in turns results in a sympathetic emphatic feelings to the government and the state, and therefore the national integration will still be kept intact and well-woven.

PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (Corporate Social Responsibility) SEBAGAI SALAH SATU INSTRUMEN DALAM PEMBANGUNAN DAERAH Busyra Azheri
Widya Yuridika Vol 2, No 1 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Given the limited funds of regional development, it is expected that CSR activities can be usedas an instrument in the regional development. This requires commitment from both parties forcorporate and government to formulate a clear policy, in accordance with the competenciesthey possess. So that CSR is not only beneficial to the corporation but also felt by the peopleand government in regional development.

TEO-EKOLOGI BERBASIS NILAI LOKAL DALAM CITA HUKUM MASYARAKAT SUMBAWA Lahmuddin Zuhri
Widya Yuridika Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Pancasila (five basic principles) serves as the way of life of Indonesian people its first principle regulates the divine values and it is in line with kerik salamat (safety and blessing) which manifests the Islamic values in the cultures and custom in Sumbawa. Kerik salamat is Islamic values living in the society since it is a mirror of the ideal of cultural law of the society. In the nation spirit theory, a law should be born from the nation/society spirits. Good quality regulations should posses three basic principles: juridical, sociological, and philosophical. The value of kerik salamat from an Islamic epistemological dimension spreads in the whole life of the community so that their level of religiousity, karabat (kinship) and saling sating (respect one another) may be maintained sustainably by the people of Sumbawa. Kerik salamat as a norm of life in people of Sumbawa should be recognized and protected because it is a morror of the ideal of law of the people to maintain a harmony so that the value og kinship, and respect among the members of the people may be maintained to keep the oneness and togatherness and also the shame culture (ila). Thi guides them in a strong social tie and legal construction which is full of the values of kinship to keep the existence of the community, and the life pattern in line with the expectation of Gods blessings in the ideal of the law in the people of Sumbawa.

EFEKTIFITAS KINERJA DEWAN KEHORMATAN WILAYAH DALAM MEMBINA DAN MENGAWASI NOTARIS (Studi pada Dewan Kehormatan Ikatan Notaris Indonesia Wilayah Jawa Timur) Sugianto Sugianto
Widya Yuridika Vol 2, No 2 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

There are some forms of violation of the notary profession handled by the Regiona/ Honorary House one of which is the public notary functioning as "asongan" public notary, offering their services to banks. This violation happens because it is the public notary himself who is not fully able to obey its code. This condition is worsen because the public tbanksj that do not know that what the public notary has done ts to break the code. Moreover, there is another factor that it the Honorary House itself which is under performed according to some respondents. The Honorary House is facing some hindrances namely the feeling of "ewuh pakewuh" (being shy and reluctant) because this house should do something bad to its colleagues. Therefore, it is necessary to have some socializations to the people on the extstence of this House, so that the people as the users of the public notary will feel to be protected, the Honorary House should be more activated, so it will be able help the Notary Supervisory Agency do itsj ob. Then it is necessary to give enough fund to the Honorary House.

Tanggung Jawab Hukum PT. Gojek Indonesia Atas Hilangnya Saldo Go-Pay Konsumen Dalam Layanan Go-Food Rahmadi Indra Tektona; Dyah Ochtorina Susanti; Nurhayati Nurhayati
Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

This research was conducted to analyze the legal issues regarding the legal responsibility of PT. Gojek Indonesia for consumer losses due to loss of Go-Pay balance in the Gojek account when using the Go-Food service. The type of research used by the author is the type of normative juridical assessment. Then the method used is the law approach and conceptual approach. Whereas the source of legal material consists of:/ a.) Primary legal material, namely laws, and regulations; b.) Secondary legal material includes law books, legal journals, and scientific works in the field of law c.) Non-legal material in the form of information from the internet relating to the science of law related to the problem being studied. Analysis of the legal material used is to use the method of deductive analysis, which is a method of things that are general towards specific things. The results of the research on PT. Gojek Indonesia in the event of loss of consumer balance is liability based on an element of error. PT. Gojek Indonesia as the manager of the Gojek application is obliged to bear consumer losses by providing compensation in the form of returning a sum of money or replacing a lost amount

Implementasi Besaran Bunga Peer to Peer Lending Berdasarkan Asas Itikad Baik dalam Pemanfaatan Teknologi Informasi Serta Pengawasannya Anita Khoirunisa; Agus Suwandono; Helitha Novianty Muchtar
Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Peer to Peer Lending (“P2P Lending”) is one of financial technology products as financing alternative for public. The execution of P2P Lending is under supervision of OJK which regulated in POJK Number 77/POJK.01/2016. OJK appointed AFPI as OJK’s strategic partner who is authorized to make regulations on the execution of P2P Lending for Providers which accommodated in Code of Conduct formed by AFPI. In brief, this Code of Conduct contains rules that have not been accommodated in POJK Number 77/POJK.01/2016, which interest rates regulation is a part of the Code of Conduct. Interest rates in P2P Lending only accommodated in Code of Conduct, but it has not been well obeyed by the Providers because there are still infringement in determining the interest rates which exceed the predetermined standard with the unclear interest rate information notice. Therefore, this article aims to analyse the application of P2P Lending interest rates which only regulated in Code of Conduct. Furthermore, researcher will also analyse the utilization of information technology in P2P Lending to find out whether the implementation of P2P is in accordance with the good faith principle of the use of information technology in Law Number 11 of 2008 concerning Information and Electronic Transactions. The results of this legal research indicate that OJK are expected to set loan interest rates in P2P Lending individually so that it can provide legal certainty for each party in P2P Lending which impacts on the implementation of P2P Lending.

Eksistensi Dan Kedudukan Hukum Adat Dalam Pergumulan Politik Hukum Nasional Winardi Winardi
Widya Yuridika Vol 3, No 1 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

The plurality of laws prevailing in Indonesia is the legal need for Indonesian people who are plural. Factually, a customary law is still required to answer the complexity of the vortex of the global wave. The customary law is values (truth and justice) living among the society. In developing the substance of the law, the 1945 Constitution explicitly acknowledges and give a place and a basis for the enforceability of the legal norms and legal institutions coming from laws living and being applied in the society, namely customary laws and Islamic laws as parts from the national law. This confirmation deals with the inclusion of two new articles in the second amendment (2000) of the 1945 Constitution namely Article 18 B Verse (2) stating that the state recognizes and respects units of customary law communities and their traditional rights as long as they are still alive and in line with the development of the community and the principle of the Unitary State of the Republic of Indonesia stipulated in the laws. Then, Article 28 verse (3) stating that cultural identity and traditional community’s rights are respected in accordance with the development of era and civilization.

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Contact Name M. Ramadhana Alfaris

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Location Kota malang, Jawa timur INDONESIA

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M. Ramadhana Alfaris

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widyayuridika@widyagama.ac.id

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Journal Mail Official
widyayuridika@widyagama.ac.id

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-

Location
Kota malang,

Jawa timur

INDONESIA