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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 163 Documents
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Application Of Supplementary Penalty As A Substitute For Money In Cases Of Corruption Criminal Proceedings Muammar, Muammar; Meldandy, Maulana
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i1.564

Abstract

Abstract The determination of additional punishment in the form of "replacement money" should ideally be equal or balanced with state financial losses as a result of criminal acts of corruption. Interesting in the decision of the Semarang District Court Number: 32/Pid.Sus/2012/PN.Tipikor.smg there is an unequal determination of "replacement money" when compared to state financial losses caused by criminal acts of corruption committed by the defendant in the "Budget" corruption case. Maintenance of Motorized Service Vehicles by the Chairperson of the Regional Legislative Council of Grobogan Regency for the 2009-2014 period”. This type of normative legal research with a normative juridical approach examines library materials in the form of books, magazines and legislation that correlates with the discussion of the problem. Regarding the legality of additional criminal charges in the form of substitute money in corruption cases, it is stated in Article 18 paragraph (1) letter b of Law no. 31 of 1999 concerning the Crime of Corruption, namely "payment of compensation as much as possible equal to the property obtained from the crime of corruption". The judge's consideration in the decision above is concluded to be less relevant if it is associated with additional penalties in the verdict in the form of replacement money. Keywords: corruption; replacement money; supplementary penalty
Reflecting the Effectiveness of Yogyakarta City Government's Policies in Creating a Smoke-Free Zone Andini, Hafizien Sastri; Syakdiah, Syakdiah; Kusumawiranti, Retno
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i1.566

Abstract

The responsibility of the State and the regions in carrying out the constitutional mandate that guarantees a healthy living environment is carried out by the Yogyakarta city government through the implementation of the Yogyakarta City Regional Regulation No. 2 of 2017 concerning non-smoking areas, the City Hall environment has not gone well, because there are still violations committed by visitors by smoking in any place. Even though the City Government has provided three smoking areas. The implementer already has compliance with the implementation of a smoke-free area by implementing this program as well as possible. But not with people who still can't follow and apply the rules of this no-smoking area. The effectiveness of implementing a smoke-free area is still not running as it should, this is due to various obstacles and obstacles in implementing a smoke-free area, namely community compliance and participation. The call for a smoke-free area is still underestimated by the public. The lack of community participation in implementing a smoke-free area has made implementers think of other ways to implement this program. The level of community compliance is also very low due to the lack of public awareness of the importance of implementing this smoke-free area.  Key words : Application, Non-Smoking Area, Yogyakarta
Role of Technology Integration in the Justice Management System Galang Windi Pratama, Toebagus
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i1.583

Abstract

The implementation of E-court based on Supreme Court Regulation Number 3 of 2018, according to the author, its effectiveness is still in doubt because of the drastic change from the previous court service system which was completely offline but now must be done online, of course, it leads to its own polemic which is not impossible, it actually slows down the trial. Based on this, the author intends to conduct research that examines the role of technology integration in the justice system. The research was conducted using an empirical juridical approach, namely descriptive where the research source relies on data taken in the field where in this case the author chooses to conduct research at the Semarang City District Court and the Religious Courts which are supported by relevant literature. analyzed using data triangulation to obtain relevant results. The results show that the integration of technology in the judicial system as seen in the application of e-Court in Semarang is still not effective because based on data obtained from 2016-2019 there is no significant increase in applicants registering cases. E-Court still needs a lot of improvement including adding the possibility to integrate the e-court system into criminal justice. However, before achieving that, there is a big task that must be completed by the Supreme Court as the institution that oversees all judiciary in Indonesia, namely increasing socialization not only to advocates but also court employees and the public as potential application users so that the implementation of e-court can run effectively. Keywords: Technology Integration, Justice System.
Judge's consideration of annulment of marriage (Case Study at Yogyakarta Religious Court) Khairuddin, Khairuddin; Budiarto, Djoko; Erizal, Erizal
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i1.586

Abstract

Marriage is an outer and inner bond between a man and a woman with the ideal goal, to form a happy eternal family based on God Almighty/Supreme, but in fact not all marriages run well according to the purpose of the law. Marriage annulment is a real phenomenon in society, and it does not distinguish any ethnicity, race, religion, or class. The following is a decision study to find out the process of annulment of marriage, in Law Number 1 of 1974 and the judge's considerations in deciding cases of marriage annulment, in the current era although it is only limited to 3 (three) decisions. It is hoped that it will arrive at a final conclusion regarding the judge's considerations on the decision to annul marriage.   Keywords: judge's consideration, decision, marriage annulment, petition, lawsuit,
Measuring Merdeka Belajar Correlativity with the National Education System Act No. 20 of 2003 and Pancasila Franciscus Xaverius Wartoyo
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i2.682

Abstract

Merdeka Belajar in the perspective of the Law No. 20 of 2003 on the National Education System, has an important role in the development of the character of the pupils. As the concept of independent university learning with a concept of hybrid education for the first three semesters in the major is in demand as part of character formation in the field. Like working on a village project, social welfare, entrepreneurship, internships in companies and so on. The national educational system within the boundaries of character education is expected to produce qualified people, in building the cultural character of the nation, the educational environment should lead to the creation of a conducive environment in accordance with the Pancasila State and UUD 1945. This research is a study with a normative jurisprudential approach. The results of this study show that character is a good objectivity over human qualities.   Keywords: Merdeka Belajar, Character Education, Law of the State, UUD 1945
Publication of Usage Rights Certificates on Ownership Land by the Regional Government for the Development of Public Facilities Mustafa, Farid; Ilham Arisaputra, Muhammad
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i2.683

Abstract

This study aims to determine the legal implications of the issuance of right of use certificates on land owned by individuals, as well as to determine the responsibility of the National Land Agency and the Gowa Regency Government for the issuance of certificates of use rights on land owned by individuals. This study uses an empirical legal research type, which examines and analyzes how the law works in the community. Research results (1) there are no rules governing the transfer of personal rights into state ownership, but in practice if such a thing happens, the legal basis used is Article 131 of the ART/BPN Ministerial Regulation Number 3 of 1997. Where the registration of the abolition of rights itself must accompanied by a statement of release of rights to the state which is signed before the Head of Regency/City BPN. (2) The BPN is also responsible for revoking/cancelling one of the certificates deemed invalid. Meanwhile, the local government of Gowa Regency is responsible for clearing the land without any burden on it. Keywords: Transfer of Land Rights, Use Rights, and Ownership Rights
Legal certainty on the claimed land as a forest area in the neighborhood of the Batulapisi district of Gowa Pota, Al Araaf Ode; M.Pide, A. Suyaman; Susyanti Nur, Sri
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i2.684

Abstract

This study examines the implications of land registration after the release of forest areas in the Batu Lapisi neighborhood in Malino Village, Tinggi Moncong District, Gowa Regency. The research conducted is empirical research. Empirical research examines law in action. Thus, the empirical world is das sein (what is the reality. Data analysis is descriptive by providing an overview of what should be done about these legal problems. The results show that the implementation of land registration which is claimed as a forest area in the Batu lapisi Dalam environment) Kelurahan Malino was implemented based on the recognition of old rights in the form of Ipeda evidence in 1976, then the National Agrarian Operations Project program in 1991 and finally the release of forest areas based on the Decree of the Minister of Environment and Forestry No. 362 / MENLHK / SETJEN / PLA.0/ 5 / 2019 with the method of land registration for the first time sporadically. Implications of land registration after area release is carried out under the authority of the Ministry of Environment and Forestry of the Republic of Indonesia which issues land parcels based on the Spatial Review scheme of conservation forest areas by issuing them a Decree of the Minister of Environment and Forestry No.362/MENLHK/SETJEN/PLA.0/ 5/2019, then the minister determines the people who receive the Blue SK as the basis for registering land rights. After that, the Gowa Regency BPN carried out the administrative process of sporadic land registration based on the Blue Decree from the Minister of Environment and Forestry as well as evidence of physical control from the lurah or village head. If the land to be registered borders a forest area, a clarification or recommendation must be requested from the Regional 7 Makassar Forest Area Consolidation Center (BPKH).  Keywords: Legal Certainty, Rights, Land, Forests, Environment
Dynamics of Customary Land Rights for Public Interest in Indonesia Marizal, M; Aulia Pravasta Indrianingrum; Hilman Rigel Nugroho
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i2.685

Abstract

Customary land which is one part of the customary law community has a large and significant role in the existence of the existence of the customary law community in an area. It is undeniable that land is an important element for meeting the needs and achieving the level of welfare of each person, including customary law communities. Utilization of ulayat land or called ulayat rights owned by indigenous peoples is actually used and intended for the welfare of indigenous peoples. Basically, the use of ulayat land in Indonesia is carried out based on the communal style (togetherness) which is one of the characteristics of customary law communities. Along with the times, with the limited amount of land in the territory of Indonesia, but collided with the increase in the number of people and population density that continues to increase, it has implications for the discovery of customary land uses carried out by other than customary law communities. The dynamics that often become a problem in the utilization of customary land are interesting to be studied in more depth. This type of research belongs to the type of normative juridical, with the research method used in compiling this paper is descriptive-qualitative method. Keywords: Customary Law Community, Communal Land, Customary Rights
Implementation of Cooperation Agreement Between Widya Mataram University and Bahana Batik in Copyright Protection of Widya Mataram University Batik Design Zaki Sierrad, Muhammad; Rusmala Ratnawati, Erna Tri; Rifka Novita Maharani Armawati
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i2.686

Abstract

Batik is a fabric that has enormous differences from other kinds of fabric in design and manufacturing aspects. The Batik design is a masterpiece, created in the form of image design with unique characteristics, which has a copyright that is bounded to be protected by the law. This study focused on the copyright protection of Batik design. The purpose of this study is to learn the implementation of an agreement between Widya Mataram University and Bahana Batik as well as to find out the legal protection of batik design copyright in the cooperation agreement. This research uses the empirical research method with a juridical approach which is conducted by collecting data from interviews and by studying the agreement document which is further analyzed qualitatively. The results showed that the agreement was done under the hands and regulated the rights and obligations in the uniform procurement agreement. However, the agreement only regulates the prohibition for the use of the Widya Mataram Logo and does not include copyright ownership of batik design, thus the copyright of the batik design remains owned by Bahana Batik in accordance with Article 36 of undang-undang No. 28 of 2014 about Copyright. Key Words : Batik, Copyright, Cooperation Agreement
Legal Analysis of Unregistered Marriage Service Providers According to the Compilation of Islamic Law and Act No. 1 of 1974 on Marriage Meilya Nur Prianjani; Sugeng; Esther Masri
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i2.687

Abstract

The news of a valid marriage or a series marriage is often controversial, resulting in uncertainty of the marriage status, which has a negative impact on the parties involved, both wife, husband and child. Where it is explicitly stipulated in the Compilation of Articles 5 and 6 that marriages must be recorded before the Marriage Registrar (PPN) and registered with the KUA. The Law No. 1 of 1974, concerning Marriages, provides that every marriage shall be recorded according to the law in force, because it shall be performed in accordance with the terms and conditions in force which shall be confirmed before the law by the marriage record. The study aims to identify and analyze the phenomenon of online series weddings in Jakarta in particular and various legal issues arising from online series wedding practices and to study the series wedding using the wedding service provider that is distributed through social media. The aim of this study is to give thought to the development of legal science especially in the field of marriage law. Based on the conclusion, the author suggests the need for public awareness to be able to understand that whatever the reason, the negative impact of serial marriages is greater than the benefits. The issue of legal marriage or serial marriage is often a controversy that leads to uncertainty about the status of the marriage, which has a negative impact on the parties involved, both wife, husband and child. Keywords: unregistered marriage, service providers

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