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INDONESIA
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Published by Universitas Widya Mataram
ISSN : 26545195     EISSN : 26862417     DOI : https://doi.org/10.37631/widyapranata.v3i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The focus of Jurnal Widya Pranata Hukum is publishing the manuscript of a research study or conceptual ideas. We are interested in topics which relate Law issues in Indonesia and around the world, among them: 1. Criminal Law 2. Private Law 3. Constitutional Law 4. Administrative Law 5. International Law 6. Procedural Law 7. Legal Theory 8. And other Law Science
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 6 No. 2 (2024)" : 8 Documents clear
Acts of Violence against Children Outside the Investigation Process by Police Officers Ulil Amri; Iskandar, Ismail; Muh Abi Dzarr Al-Ghiffariy
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1575

Abstract

Reports from legal aid organizations show signs of physical violence which should be a major concern in the investigation, but these appear to be ignored in the authorities' official reports. The research aims to examine the procedural law violations committed by police officers in cases of violence against children outside the investigation process. This study uses a normative juridical approach with an analysis of the murder case of Afif Maulana as the main illustration. The results show several serious violations of legal procedures that negatively impact the transparency and accountability of investigations. Violence by police officers against children also violates various national and international regulations on child protection. These violations significantly affect the psychological condition of children and cause deep trauma. This research emphasizes the importance of reforming Indonesia's judicial and law enforcement systems to ensure better protection for children in conflict with the law. Keywords: Violence; children; investigation; police
Implementation of Land Certificate Registration Procedures which the Mechanism is Not in Accordance with the General Principles of Good Government: Implementation of Land Certificate Registration Procedures which the Mechanism is Not in Accordance with the General Principles of Good Government Alfrida Rahmadhani Anita Putri; Hendry Julian Noor
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1581

Abstract

This research aims to analyze the implementation of Standard Operating Procedures (SOP) for land certificates registration whose mechanisms are not in accordance with the General Principles of Good Government (AUPB) based on Decision Number 12/G/2019/PTUN.JBI and improvements and changes to the land office for the future regarding the land certificate registration process whose mechanism is in accordance with AUPB. This is normative legal research using a statutory regulation approach and a case approach. The results of this research are the field review stage until the issuance of a certificate of violation of the SOP based on PP 24/1997 and Minister of ATR/KBPN Regulation Number 12 of 2021. The Head of the Jambi City Land Office violated the AUPB, namely the principles of accuracy, legal certainty, fair play, and mixing up authority. Improvements to the land office are that all BPN services will be switched electronically, including electronic certificates for the public carried out in stages. The Touch My Land application overcomes administrative weaknesses. STPN produces skilled measuring officers. PTSL maps village land to minimize overlap. The land certificate registration mechanism must be guided by land regulations and AUPB. Keywords: Standard Operating Procedures; Land Certificate Registration; General Principles of Good Government; Land Office.
Juridical Protection For Debitors From Execution Of Other Fidusion Garanties As Particular To Credit Anindita
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1607

Abstract

Following the decision of the Constitutional Court No. 18/Law-XVII/2019, The execution of the security of the trust is no longer carried out unilaterally by the creditor by concluding unilaterally that there has been a breach of the promise on the trust security agreement. The ruling of the MK as a form of legal protection of the debtor's rights which are often neglected and deprived by the creditor by concluding unilaterally that debtor has been discharged. Thus, the execution of the security of the trust and the declaration of the debtor is no longer unilaterally carried out by the creditor, unless there is agreement between the creditor and the debtor, or there is a judgment of the court, which states that a debtor has lawfully committed an offence or a misconduct, so that the creditor or funding agency can enforce the security of the trust. The method of research used approach using the method of regulation of legislation linked to the formulation of the problem discussed in it. Next, the author uses a method of approach using a legislative approach. The benefits of this research are expected to add to the scientific expertise especially in the field of civil law in the execution of security trusts.
Online Loans: Legal Aspects in the Era of Financial Technology Rachman, Rahmia
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1610

Abstract

The presence of financial technology carries a very high risk due to the minimal information provided by business actors, such as the amount of interest and administrative fees. The purpose of this research is to understand the form of legal protection for debtors in online loan agreements based on financial technology and to determine the role of the Financial Services Authority in overseeing the proliferation of financial technology services. The method used in this research is normative legal research. The results of this study are preventive protection of debtors by applying the basic principles of legal protection for service users, as well as repressive legal protection, namely Fintech service providers must be responsible for consumer losses arising from errors and omissions. The role of the Financial Services Authority includes the authority to regulate, supervise and protect consumers and deploy the Investment Task Force
Understanding of Labor Crimes for Indonesian Migrant Workers (PMI) (Study on the Implementation of Law Number 18 Year 2017 on the Protection of Indonesian Migrant Workers) Dewi, Aida; Anang Setiyana
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1611

Abstract

Law No. 18/2017 on the Protection of Indonesian Migrant Workers (referred to as PPMI Law) is the legal basis for the protection of Indonesian migrant workers. The passing of this law marks the end of a long slow and steep journey of the legislative process for the protection of Indonesian migrant workers who face vulnerability at every turn, ranging from wage evictions, persecution, sexual harassment, rape and even the death penalty. The spirit of Law No. 18/2017 as outlined in its explanation is to protect migrant workers from human trafficking, including slavery and forced labor, victims of violence, arbitrariness, crimes against human dignity, and other treatment that violates human rights. Despite contributing to the country's remittances, many PMIs experience various actions that violate their rights while working abroad. that there are PMIs are vulnerable to rights violations or unlawful acts committed by employers or other parties. The method used is normative method or normative juridical approach. Where to sharpen the research analysis, the author uses a case approach and a statutory approach and a sociological approach. The stages carried out in researching patterns of community behavior are combined with literature so that it will be found that things should be done or accepted in balance with their application / practice and the final stage analyzes the Understanding of Employment Crimes for PMI (Indonesian Migrant Workers) (Study on the Application of Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers). Based on data from the Crisis Center of the Indonesian Migrant Workers Protection Agency (BP2MI) in 2022, some of the problems faced during 2019-2021 included unpaid salaries, PMI failing to depart, trafficking, work not in accordance with the work agreement, acts of violence from employers, depression / mental illness, fraudulent employment opportunities, and so on.
The Role of Responsive and Progressive Law In Addressing Legal Issues From A Sociological Perspective Daryoko; Pangestika, Elza Qorina
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1612

Abstract

As a State of law, the State of Indonesia as listed in article 1, paragraph 3, UUD 1945, whereas the law itself has three purposes: the certainty of law, the righteousness of law and the use of law, But of the three purposes of the law, justice is the primary purpose, rather than the use of law and the certainty of law. There are factors that have to be addressed in law enforcement in Indonesia, including weak substance of legislation, unprofessional law-enforcement machinery and moral deficits, as well as limited means and facilities. In dealing with the above legal problems, responsive legal theory and progressive law theory are expected to be able to provide the solution.
Analysis of the Decision (PN Lubuk Pakam No. 1369/PID.B/2024/PN LBP) in the Perspective of Criminal Procedure Law Hutabarat, Lina Adinda Krismasuci; Muthia Ivana Zahra; Muhammad Rifai; Dian Wahyu Sembiring; Parlaungan Gabriel Siahaan
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1622

Abstract

This study analyzes the court decision in case number 1369/PID.B/2024/PN LBP from the Lubuk Pakam District Court from the perspective of criminal procedural law. Using a qualitative observational research method, the study examines the legal process, application of legal principles, and judicial reasoning in a theft case. Key findings include: 1) The court appropriately applied relevant criminal code provisions on theft; 2) The trial process adheres to criminal procedure principles, including the defendant's rights; 3) The judges provided clear legal considerations based on evidence and witness testimony; 4) The sentencing was proportional and considered mitigating and aggravating factors; 5) The decision demonstrates a commitment to combating theft crimes. Overall, the ruling reflects a fair and transparent application of criminal procedural law in Indonesia's justice system. This analysis contributes to understanding how legal principles are applied in practice in Indonesian criminal cases.
Reconstructing the Concept of Digital-Based Accountability for International Corporations for Unlawful Acts to Achieve Justice from an Indonesian Perspective within the Context of National Legal System Reform Sutrisno, Andri
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1630

Abstract

This research focuses on reconstructing the concept of digital-based accountability for international corporations regarding unlawful acts to achieve justice in Indonesia, particularly within the context of national legal system reform. The rapid development of digital technology has introduced new challenges to Indonesia’s legal system, especially concerning activities of international social media corporations often involving legal violations such as misuse of personal data, illegal content, and privacy breaches. This research adopts a constructivist approach, emphasizing that law is a social construct that must continuously adapt to societal dynamics, including technological advances. The analysis includes a review of relevant national and international regulations and identifies existing legal gaps. The findings reveal the need for updated national regulations that can encompass digital-based international corporations and highlight the importance of enhancing the capacity of law enforcement to understand digital issues. Furthermore, this research recommends international cooperation, increased public digital literacy, and the adoption of business and human rights principles as strategic steps to ensure accountability of international digital corporations in delivering justice for the Indonesian public.

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