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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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Sandbox Policy: Crypto Asset Expansion Setting Efforts Syauket, Amalia
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.v4i2.688

Abstract

Crypto Asset Trading is Growing Rapidly in Recent Years. Throughout January-May 2021, Crypto Asset Users managed to grow more than 50%, from around 4 million people last year, to 6.5 million people today. Likewise, if viewed from the side of the value of crypto assets in Indonesia, which swelled to Rp. 370 trillion. That number rose five times compared to the previous year, which was recorded at only Rp. 65 trillion. The Increase in Investors in the Digital Asset Commodity Business is Due to the Digitalization of the Economy. This Research Uses Qualitative-Normative Research Methods By Reviewing And Describing Library Materials Relevant To Sandbox Policy To Find Out How The Regulatory Model Is Specifically Regarding Crypto Investments, an investment that is relatively new and requires protection so that people feel safe and comfortable doing so. crypto investment. This study results show that the Government uses sandbox policy modeling to accommodate changes in responding to the necessity of disruption and fundamental innovation in dealing with the growth of crypto assets in the country, with a sandbox policy where crypto trading is allowed to continue, at the same time regulations will be corrected, by guaranteeing confidentiality. As well as transactions, so that people will be protected in making crypto investments.   Keywords: sandbox policy, crypto currency as a commodity, the role of Bappeti
Efforts to Prevent Acts of Abuse Authority That Result in Harm State Finances Using the Government’s Internal Supervision Apparatus Santoso , Bagus Teguh; Munir, Ahmad
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.766

Abstract

Law enforcers are trapped in the legal mechanism along with the punishment criteria determined by the legislators, for that reason our positive law has been regulated which is far from and contrary to the objective of a just law. The presence of excessive criminalization/criminalization with various kinds and types of negative law enforcement behavior in determining the criminal process, makes criminalization ultimately have a negative meaning and has the potential to hinder the development process. The research method used in this research is normative legal research with a statutory approach and a conceptual approach to the abuse of authority by internal government apparatus which is detrimental to state finances. The results of this study indicate that the assessment of the Government's Internal Supervisory Apparatus on administrative errors that cause state losses needs to be revised again. Because the assessment of the Government Internal Supervisory Apparatus will be followed up at the State Administrative Court. This is very risky because it is related to the element of causing harm to state finances, in fact it is the authority of the Corruption Court to decide it.
Legal Protection for Borrowers for Agreements with Standard Clauses on Implementation Fintech Lending Wibiantoro, Donny Yuhendra; Mahanani, Anajang Esri Edhi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.784

Abstract

The purpose of this study is to explore legal protection for loan recipients for agreements with standard clauses in implementationfintech. The research method is normative juridical, with a statutory and conceptual approach. The results of the study show that legal protection in standard agreements shows that it has not been realized properly, this is because there are principlestake it or leave it which then set aside the legal norm in the form of the principle of freedom of contract. Besides, there is no embodiment of the principle of consumer protectionfintech lending, namely transparency and complaint service mechanisms. The legal remedies in the agreement tend to prioritize repressive efforts and override preventive measures by not providing education about the complaint mechanism. which leads to injustice for the recipient of the loan.   Keywords: Legal Protection, Fintech Lending, Standard Agreement.
Business Actors Liability to Consumers of Beverages and Food Containing Liquid Nitrogen Maharani, Sri; Anggriawan, teddy Prima
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.810

Abstract

Technological advances that are developing at this time do not only occur in telecommunication equipment and transportation equipment, but also develop in the food and beverage sector. Where in the near future, food and drinks that can emit smoke have been circulating . Foods and drinks that emit smoke contain liquid nitrogen. However, it is very unfortunate that these food and beverage trends have not been accompanied by the knowledge of business actors and consumers whether these nitrogen-containing foods and beverages are safe for consumption or not. Based on the description of the background above, several problem formulations can be drawn as follows: What are the criteria for drinks and food containing liquid nitrogen consumed by consumers according to the Law on Food Safety and Food Standards? And what is the liability of business actors towards consumers who drink and food containing liquid nitrogen? The type of legal research used in this research is normative juridical (normative legal research method). Liquid nitrogen in food can actually be used as an auxiliary substance. However, if used without adhering to food safety standards, it may cause harm to consumers. This is in accordance with the regulations of the Food and Drug Supervisory Agency (BPOM RI) Number 20 of 2020, liquid nitrogen is used as a processing aid, not a food additive. Liquid nitrogen is used to speed up the process of freezing a product by lowering the very low temperature to minus -200, much lower when using a freezer (around -20 to -40 ) so that liquid nitrogen is very easy to freeze food. If the production process is complete, nitrogen should be removed as much as possible from a product, no residue left. Liability on a contractual basis and unlawful acts in BW, product liability in consumer law is regulated in Article 19 of the UUPK with the burden of proof reversed. The business actor accountability forum is subject to general civil proceedings with the exception of relative competency at the consumer's place of domicile, while compensation in this context is not only in the form of returning goods and demands for reductions or price discounts as in the contractual, or limited to compensation for economic losses as an unlawful act, but also includes compensation for actual damages.
Code of Ethics for Advocates ENFORCEMENT OF THE ADVOCATE PROFESSIONAL CODE OF ETHICS IN CLIENT ASSISTANCE IN CRIMINAL CASES OF CORRUPTION Siti Zulaiha; Nurul Fahmidab; Fauziah Lubis
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.815

Abstract

The profession of an advocate as a law enforcer is based on Law Number 18 of 2003 concerning Advocates and Article 24 Paragraph (1) of the 1945 Constitution. The profession of a free, independent and responsible advocate is regulated in Law Number 18 of 2003. An advocate is a profession that provides legal services, where when carrying out his duties and functions he can act as a companion, give legal opinion or become a legal representative for and on behalf of his client. Advocate profession is inseparable from a code of ethics which contains values ​​and morals. Regarding advocates who are related to corruption cases, the legal services provided to the public by law enforcement officials aim to respect and provide legal protection humanely without distinguishing between the rich and the poor.
Implementation of Police Chief’s Telegram Mail Number ST/2264/X/HUM.3.4.5/2022 About Law Enforcement for Violation of The Traffic Law an Empirical Study at The Traffic Control Center of State Police of DIY Wasiati, Cunduk; Muhamad Ibnu Aldira Razak
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.842

Abstract

The issuance of the circular letter of the Chief of Police Number: ST / 2264 / X / HUM.3.4.5 / 2022 dated October 18, 2022 affects the enforcement of traffic laws through ETLE. This is because the circular letter of the Chief of Police does not allow police members to do manual ticketing to violators even though there are only 4 types of violations through ETLE. Other violations should not be done manually. This research is classified as a type of descriptive research that has the characteristic data in the form of words and images. Descriptive research is research directed at describing symptoms, facts, or events in a special and accurate manner regarding the properties of a particular population or area. The method used in this study is a qualitative research method. Implementation of the Police Chief's Telegram Letter Number: ST/2264/X/HUM.3.4.5/2022 dated October 18, 2022 against law enforcement of traffic violations. In ditlantas Polda DIY, if it is implemented in order to carry out law enforcement for traffic offenders, it is still difficult to implement. This is because E-Tilang Sanctions can only be applied to 10 (ten) types of traffic violations, even though there are types of violations that are not included in that type, namely the obligation to have and carry a driving completeness letter in the form of a driver's license and STNK that cannot be detected by ETLE. Efforts to bring order to motorists who do not yet have a driver's license cannot be made. Likewise, efforts to reduce the crime rate in the form of motor vehicle theft due to the absence of stnk are also difficult to do. Factors inhibiting the implementation of the Police Chief's Telegram Letter Number: ST / 2264 / X / HUM.3.4.5 / 2022 dated October 18, 2022 against law enforcement of traffic violations in the Ditlantas Polda DIY are: Cultural and community factors, Factors of facilities and facilities, Factors of law enforcement apparat, Legal factor. Keywords:I mplementation, Telegram Letter, Chief of Police, ETLE
Juridicial Review of Legal Protection Victims of Cyber Gender-Based Violence (Case Study of High Court Decision Number 150/PID/2020/PT BDG) Rinta Ariani, Mahayu; Widodo, Wahyu; Galang Windi Pratama, Toebagus
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.846

Abstract

Cyber gender-based violence is a crime that arises due to the development of increasingly sophisticated information technology. In this case, women are more vulnerable to cyber gender-based violence than men. This cyber gender-based violence results in a person's freedom not only being threatened directly in the real world but also in cyberspace, especially the difficulty of identifying the identity of the perpetrator and the victim's digital footprint that has been spread on the internet is difficult to erase. This study aims to determine the legal protection provided by the state to victims of cyber gender-based violence and to determine whether the High Court Decision Number 150/PID/2020/PT BDG has provided protection for victims of cyber gender-based violence. The approach method used in this research is normative juridical research method with qualitative descriptive research specifications. The techniques used to collect data are literature study and documentation study. Based on the research that has been conducted, it is concluded that the protection of victims of cyber gender-based violence is regulated in Law Number 12 of 2012 concerning Criminal Acts of Sexual Violence, which in this law regulates the criminal provisions of the perpetrators and the rights of victims, in this case victims are entitled to restitution, recovery services, and protection, where the fulfillment of these rights is an obligation of the state. And based on the analysis of the decision of the High Court Decision Number 150/PID/2020/PT BDG, it has not provided maximum protection to victims of cyber gender-based violence due to overlapping regulations which cause unclear legal protection for victims of cyber gender violence, especially the existence of rubber articles in the ITE Law which have become a tool to criminalize victims of cyber gender-based violence
Dispute Resolution of Apprentices' Rights through Non-Litigation Channel Mila Wijayanti; Sugeng; Sri Wahyuni
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i1.849

Abstract

Pada dasarnya penyelenggaraan program pemagangan untuk mencapai kadar kualitas dan kompetensi kerja dibidang tertentu sebagai bagian dari sistem ruang lingkup pelatihan kerja dalam rangka penguasaan keterampilan bidang tertentu. Dalam penguasaan materi, peserta magang diposisikan pada pekerjaan paruh waktu melalui perjanjian kerja waktu tertentu, dan bukan pekerjaan bersifat utama yang umumnya dilakukan karyawan tetap pada perusahaan. Penelitian ini melakukan studi kasus pada PT. Yhi Shen Industrial, untuk menganalasis permasalahan mengenai apakah perjanjian pemagangan yang telah dibuat sudah di penuhi oleh PT. Yhi Shen Industrial dan bagaimana penyelesaian sengketa yang dilakukan secara Non-Litigasi. Metode penelitian ini menggunakan jenis penelitian normatif-yuridis, penelitian ini menggunakan teori kepastian hukum dan perlindungan hukum dengan pendekatan kasus dan bahan hukum primer yang digunakan Undang-Undang Dasar Republik Indonesia 1945, Kitab Undang-Undang Hukum Perdata, Undang-Undang Nomor 13 Tahun 2003 tentang Ketenagakerjaan, Peraturan Menteri Ketenagakerjaan Nomor 6 Tahun 2020 Tentang Penyelenggaraan Pemagangan Di Dalam Negeri dan wawancara. Hasil penelitian ini menunjukan bahwa pelaksanaan program magang pada PT. Yhi Shen Industrial ditemukan fakta dilapangan bahwa perjanjian magang pada PT. Yhi Sen Industrial belum sepenuhi di penuhi. Hal ini di sebabkan masih adanya penyimpangan ketentuan hukum yang dilakukan oleh penyelenggara pemagangan. Kata kunci : Perjanjian, Magang, Pemagangan, Sengketa.
Legal Consequences For Companies For Violations Of Collective Bargaining Agreements Rahmawati, Andiani Putri; Mahanani, Anajang Esri Edhi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i2.781

Abstract

ABSTRACT Collective Labor Agreements (PKB) made between companies and workers' unions must refer to the Law governing Manpower in Indonesia in order to guarantee workers' basic rights, guarantee equality and opportunity and treatment without discrimination for the welfare of workers. If the Collective Labor Agreement made is contrary to applicable laws, it can result in the Collective Labor Agreement being null and void by law. In this research, the writer wants to examine the Juridical Review of the Collective Labor Agreement between PT x and the Workers' Union y. The type of legal research in this thesis is normative legal research and uses qualitative data analysis methods. In the application of the Collective Labor Agreement (PKB) by PT x with the Labor Union y, there are several discrepancies between the contents of the clauses contained in the Collective Labor Agreement (PKB) and the provisions contained in the Law governing Manpower in Indonesia. Even though there are some discrepancies in the contents of the Collective Labor Agreement clause made between PT x and y. However, the substance and other components contained in the Collective Labor Agreement (PKB) are in accordance with the laws governing employment in Indonesia. Keywords: Collective Labor Agreement, workers, null and void
Argumentation of Criminal Liability Law for Commercial Sex Workers (PSK) Alvian Dwiangga Wijaya; Indawati, S.H., M.Kn., Yana
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v5i2.782

Abstract

One that is still a trend or problem in this country is prostitution. Prostitution is a crime that should be processed to its roots, because prostitution is also a structural problem that is fundamental and often found in society because to this day it is still a crime. moral problem. UU no. 12 of 2022 concerning Crimes of Sexual Violence is the hope for all groups so that their rights can be protected, especially for women and children who are often victims of the circulation of the prostitution business. This type of research used by the author is normative research. This normative research is a type of legal research that originates from a scientific research procedure whose aim is to find the truth based on legal objectives from a normative perspective. Article 12 of Law No. 12 of 2022 concerning Crimes of Sexual Violence has apparently not been able to ensnare PSK because there is no provision that regulates that the actions committed by PSK violate the provisions of the criminal law. Keywords: Commercial Sex Workers (Psk), Prostitution, Law No.12 concerning Crimes of Sexual Violence

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