Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
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
Articles
163 Documents
<![CDATA[Implementation of Legal Protection for Creditors for Defaulting Customers with Motorized Vehicle Ownership Book Guarantees ]]>
<![CDATA[Nadila Miftahul Jannah]]>;
<![CDATA[Sri Maharani Mardianingrum T. V. M.]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.783
<![CDATA[A customer who defaults on a credit agreement basically harms the creditor. The purpose of this research is to explore the implementation of legal protection for creditors for customers who default on credit agreements by guaranteeing Motor Vehicle Ownership Books. The type of research used is empirical juridical with field studies at PT. BPR Bank Pasar Bhakti Sidoarjo. The results of the study show that the implementation of legal protection includes preventive legal protection and repressive legal protection. Guaranteed motorbike taxis will be burdened with fiduciary guarantees which are used as a form of legal certainty and can protect creditors when bad credit occurs. Repressive legal protection taken in resolving bad credit disputes is by credit restructuring first. If it is not successful, the creditor executes the collateral object which will later be sold privately to pay off the debtor's debt to the creditor.]]>
<![CDATA[Liability for Crypto Asset Transactions Ethereum in Indonesia ]]>
<![CDATA[Mahesa Dharma Adji]]>;
<![CDATA[Hervina Puspitosari]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.787
<![CDATA[Ethereum is a decentralized digital currency andplatform blockchain which has gained popularity in Indonesia. Crypto assets have inherent risks, such as price volatility and the potential for fraud or hacking which is of course very detrimental to their users. Based on this, it is necessary to explore the accountability of parties using crypto assetsEthereum as an object of trade. The type of research used is normative juridical with an approach taken to statutory regulations. The results of the research show that liability can occur for default, unlawful acts, and unlawful acts. The form of liability that can be taken is in the form of cancellation of the agreement to claims for compensation by the aggrieved party. The government, in this case, needs to buy educational outreach to the public on the wise use of crypto assets.]]>
<![CDATA[Legal Protection for Users of The Alodokter Application in Autodebet Cases Without User Consent ]]>
<![CDATA[Fauzi Purnama, Fahreza]]>;
<![CDATA[Sutrisno]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.813
<![CDATA[This study aims to identify legal protection as well as legal remedies for consumers who use the Alodokter application for autodebit based on Law no. 8 of 1999 concerning Consumer Protection. The research method is normative, with a statutory approach.The results of the study show that legal protection for users of the Alodokter application is the obligation for business actors toprovide compensation for damage to goods that harm consumers, which can be in the form of refunds or replacement of goods with the same or equivalent value, or health care, and/or compensation. Compensation is made within 7 (seven) days after the transaction date. Legal remedies that can be taken by consumers whose accounts are affectedauto debtwithout approval, namely by peacefully resolving disputes through the process of canceling Alodokter users, resolving disputes through institutions or consumer dispute resolution, up to court.]]>
<![CDATA[Reflection Of Adolescent Debt In The Perspective Of The Child Criminal Justice System (In The Era Of Internet) ]]>
<![CDATA[Hartanto, Hartanto]]>;
<![CDATA[Sudiyana]]>;
<![CDATA[Nany Noor Kurniyati]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.936
<![CDATA[Kenakalan remaja (anak) merupakan masalah sosial sekaligus masalah hukum yang sering kita jumpai di masyarakat dan cukup meresahkan seiring perkembangan jaman di era internet, bahkan telah menybar dari kota-kota besar hingga ke desa-desa. Masalah ini merupakan masalah yang perlu diatasi agar dapat memberikan dampak positif bagi remaja. Karena remaja merupakan aset masa depan suatu bangsa maka diperlukan penanganan yang serius untuk mencegah terjadinya kenakalan remaja. Kenakalan remaja adalah perilaku remaja yang tidak sesuai dengan norma-norma yang berlaku di masyarakat. Dalam pandangan hukum kenakalan remaja dapat dianggap kejahatan jika dilakukan oleh orang dewasa, namun dalam hal ini pelakunya adalah remaja (anak) maka hal tersbut dianggap sebatas kenakalan. Kenakalan remaja mencakup semua perilaku yang menyimpang dari norma yang dilakukan oleh remaja. Ada beberapa faktor yang mempengaruhi kenakalan remaja, yaitu faktor internal dan eksternal. Akibat dari kenakalan remaja akan berdampak pada remaja itu sendiri, keluarganya dan masyarakat. Dalam mengatasi kenakalan remaja diperlukan pembinaan dari orang tua dan peran lingkungan terdekat. Daris sisi hukum sistem peradilan anak telah memadai dalam konteks terobosan adanya diversi. Kata kunci: Kenakalan Remaja, Kriminologi, Remaja, Anak, internet]]>
<![CDATA[Wage Equality in the Perspective of Justice for Women Workers ]]>
<![CDATA[Lusiana Adela Nugraheni]]>;
<![CDATA[Nur Sabela Rahmawati]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.973
<![CDATA[Labor problems in the world are not limited to problems between workers or workers and companies. Another issue that requires special attention is wages. The problem of wages is often the main discourse on the equality of wages for male and female workers. The type of research used in compiling this paper is juridical-normative. The normative juridical research method is a library law research conducted by examining secondary data including primary legal materials and secondary legal materials Labor law has not yet accommodated equal wages. The equality defined in this law is limited to work placements. Even though in Government Regulation Number 36 of 2021 equality of wages has been guaranteed, However, with no legal basis above it, this PP does not have a strong legal basis. Thus, it can be judged that the Manpower Law is actually not aligned with international legal instruments and the spirit of a decent living in the 1945 Constitution. In terms of the policy aspects carried out by the Ministry of Manpower in the national strategy, it is not yet aligned with the final objectives achieved and requires optimization in the future. Labor regulations in Indonesia have not accommodated equal pay. Equality that is accommodated is only equal in terms of opportunity and access to employment. policy, the Ministry of Manpower has not yet accommodated equal wages as a goal in the global instrument. This condition is possible because national legal instruments have not regulated gender equality. Keywords: Wages Equality, Employment, Women Workers]]>
<![CDATA[Legal Readiness on Timor-Leste to face Transnational Crime in the ASEAN Economic Community (AEC) ]]>
<![CDATA[Marsal, Antonino Pedro]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.1087
<![CDATA[ABSTRACTThe existence of the ASEAN community and the global community, which has played an active role in the development of unstoppable, has brought various influences, both positive and negative. The people of Timor-Leste will certainly not be spared and will experience the impact of globalization. Therefore there are 2 important points that must be prepared by the government and parliament. First, the government must take anticipatory steps against transnational crimes in the era of the ASEAN Economic Community (AEC). Second, the Government and parliament must prepare adequate legal products to anticipate transnational crimes that will arise, and also carry out international cooperation to harmonization the law with ASEAN member States. In this study using a normative type of research reciting laws regarding transnational crimes. With the problems that have been explained from the beginning, it is concluded as follows: The responsibility of the government to increase the capacity of law enforcement officials, especially the police, to conduct continuous training to become professionals to combat and anticipate transnational crimes that will arise. Provide supporting facilities for police officers in carrying out their duties. conduct international cooperation among ASEAN member states to strengthen the rules of international law to combat transnational crime. ASEAN AEC Keywords Transnational Crime Timor-Leste]]>
<![CDATA[Leadership in the Family from the Perspective of Modern Family Jurisprudence ]]>
<![CDATA[M. Waritsul Firdaus. F]]>;
<![CDATA[M. Shofwan Taufiq]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v6i1.1137
<![CDATA[The evolving view in society regarding the status and role of women is still divided into two opposite poles. On the one hand, it is generally argued that women should be in the home, serve their husbands and only have a domestic role. Meanwhile, on the other hand, there is also a growing notion that women should be free in accordance with their right to freedom. In this study, the authors used a type of library research. The primary data source in this study is progressive Muslim fiqh. The secondary data sources are books that support the author to supplement from the primary data source. The result of this study is Q.S. An-Nisa: 34 it is often mistaken that all men are female leaders, including in the family. The word ar-rijal in question is a man in particular, that is, a certain husband because of the consideration of the continuation of the verse because they provide for part of their property. So here is a continuation of the verse God has exaggerated some of them over others, which shows that the man in question is the one who has advantages in various respects from the female]]>
<![CDATA[The Problems of E-Ticketing From Legal Perpective ]]>
<![CDATA[Luhukay, Roni Sulistyanto]]>;
<![CDATA[Gusti Fadhil Fithrian Luthfan]]>;
<![CDATA[Edy Chrisjanto]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.1172
<![CDATA[The problems faced in the development of an electronic system use CCTV to carrying out the function of monitoring and enforcing traffic were : (1) Traffic and legal compliance awareness in paying fines. (2) Public considers about failures in building a good law enforcement structure. (3) Because people who violate it feel afraid to pay STNK, it potyentialy reduction in non-tax state income through the e-ticket policy. (4) misdirect in sent ticket letters, because many vehicles are purchased by people who administratively still with old ownwer. This research uses nomative legal research methods. This study discusses about the urgency legal certainty of e-tickets, including certainty about the violators, regarding to amount and what kind of violaion which has been included on the blue slip. In terms of justice, traffic violators who commit the same offense will receive the same penalty or fine without discrimination, E-tickets are also a form of transparency and professionalism of police officers in law enforcement, to prevent issues of illegal levies (Pungli) by unscrupulous individuals. Characteristics of e-ticket regulations in criminal law framework more focuses on fines than the concept of non-compliance in driving. Articles contained in Law no. 22 of 2009 concerning Road Traffic and Transportation has not been implemented in a real way especially sanctions for revoking driving licenses]]>
<![CDATA[Determining The Company Debt Threshold In Order To Determine Bankruptcy Status ]]>
<![CDATA[suyikati]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v5i2.1187
<![CDATA[The Indonesian Bankruptcy Law has not been based on a philosophy that should be in accordance with the principles of the Bankruptcy Principle itself, where the philosophy of the Bankruptcy Law has not been able to explain debtors who have debts greater than their assets. The application of this principle should ideally be a condition for the debtor to be declared bankrupt, where if the debtor is insolvent (the debtor's assets are less than its debts), it is not enough if the debtor stops or fails to pay its debts. If the debtor's assets exceed its debts, then the settlement of the debt and credit should be done through an ordinary civil lawsuit. The application of bankruptcy regulations according to Article 2 of the Bankruptcy Law should not only be based on three aspects, which include the existence of debt, at least two (two) creditors, due time, and collectibles, but also the application of a minimum threshold of capital and assets owned so that the company can be monitored to see if it will be able to rise with the assets and capital it has. Keywords: threshold, company, bankruptcy]]>
<![CDATA[Limitation Of Authority Between Central And Local Governments In The Oil And Gas Business ]]>
<![CDATA[Wulan, Dewi Nawang]]>;
<![CDATA[Rusydi]]>;
<![CDATA[Ahmad Munir]]>;
<![CDATA[Ahmad Taufiq Rifaldi]]>
<![CDATA[ Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Widya Mataram ]]>
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DOI: 10.37631/widyapranata.v6i1.1315
<![CDATA[The oil and gas revenue-sharing system for several regions has conflicting norms for regulating authority between the central government and regional governments in the oil and gas revenue-sharing system for several regional governments. In Article 14 Paragraph 3 of Law Number 23 of 2014 concerning Regional Government it is stated that only the central government can manage oil and gas business activities. -Law Number 22 of 2001 concerning Oil and Gas still regulates the authority/involvement of local governments in fulfilling the clauses of the cooperation contract as an instrument of oil and gas business activities. The method used in writing this article is normative law. In this study, the authors want to know and obtain clarity about what the central authority over the oil and gas business is, and how the revenue-sharing funds are divided for the two local governments. The literature used in this paper comes from scientific journals and is supported by scientific books from various scientists. From the results of the research that has been done, in fact there is still involvement of local governments both in management in the form of fulfilling the clauses of the cooperation contract, especially in determining the work area and its return as well as environmental management.]]>
