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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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Harmonization of Parking Fee Regulations in Local Regulations and Mayor's Regulations in the City of Yogyakarta Anwar Hidayatulloh, bagus
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1347

Abstract

Abstract This research focuses on the investigation of the harmonization of parking regulations implemented in the city of Yogyakarta, including local regulations and those set by the mayor. The issues addressed encompass problems related to illegal parking and improper parking fee enforcement, which have the potential to create various challenges in field implementation. Consequently, fundamental questions arise regarding the existing parking regulations in Yogyakarta and the urgency to harmonize parking fee regulations in the region. The objective of this research is to thoroughly examine the best approaches to harmonize the existing parking fee regulations in Yogyakarta. This step is taken with the ultimate goal of creating comprehensive regulations that are effective in implementation. Keywords: Parking, Local Regulations, Mayor Regulations
Legal Protection of Licensee and Licensor In Licensing Agreements Rusmala Ratnawati, Erna Tri; Wiwik Handayani; Rizqi Samera Al Farizi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1455

Abstract

This research discusses how the trademark license agreement can protect the licensee and licensor, the rights and obligations of the parties that arise in the trademark license agreement, and the legal consequences in the event of default. This research is normative research, with a statute approach to the problem. The analysis is focused on laws, regulations, documents, and other references related to brands and license contracts. The brand license agreement must comply with the principles of contract law because the principles of contract law are the foundation that must be obeyed by the parties so that it will not harm either party and can be implemented fairly. In addition, there needs to be an agreement that is mutually beneficial and does not burden each other. In a trademark license agreement, reciprocal rights and obligations occur between the licensee and the licensor. Both parties have mutual rights and both also have mutual obligations so a balanced bargaining position between licensee and licensor needs to be balanced so that there is no imbalance in rights and obligations. A brand license agreement will lead to disputes if the parties do not fulfill their rights and obligations as agreed. If one of them defaults, the other party can demand fulfillment of the engagement; fulfillment of the agreement with compensation; compensation; cancellation of the agreement; or cancellation with compensation. The first step that needs to be taken when a dispute occurs is to resolve the dispute by deliberation to reach a consensus. If not reached, dispute resolution can be seen in the trademark license agreement clause. Settlement of this dispute can be done both inside and outside the court. In addition to carrying out civil lawsuits, criminal charges can also be filed by the aggrieved party.
Legal Effects of Land Abandonment in the Perspective of Justice Theory Siswanto, Cecep Tedi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1460

Abstract

This research was conducted with the aim of knowing and analyzing the legal consequences of land abandonment in the perspective of justice theory. Abandoned land, especially land that is deliberately abandoned and not used by land rights holders does not reflect the principle of justice for the state and society in the social function of land rights, so the state must put it in order. This research is a normative juridical research with a statute approach. The results showed that the legal consequences of land abandonment can lead to the abolition of Land Rights or Management Rights. In addition, it can also cause legal relations and affirmation as state land former Abandoned Land directly controlled by the state. The results showed that the legal consequences of land abandonment can lead to the abolition of Land Rights or Management Rights. In addition, it can also cause legal relations and affirmation as state land former Abandoned Land directly controlled by the state. The legal consequences in terms of the theory of justice have fulfilled the values of justice because the regulation of abandoned land is not carried out unilaterally, but still involves the role of Rights Holders, Management Rights Holders, or Basic Land Tenure Holders.
Renewal of Director’s Criminal Liability for BUMN Losses Based on Business Judgment Rule Triantono; Marizal, Muhammad
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1481

Abstract

One of the problematic issues in existence of BUMN is the uncertainty in determining whether BUMN is a representation of the state or fully a business entity. This is due to the absence of an understanding of the BUMN's capital originating from separated state assets. This condition in turn has an impact on the uncertainty of the criminal responsibility of the directors if the BUMN suffers a loss associated with The Principle of State Losses and The Principle of Business Judgment Rule as one of the universal principles in company management. Based on this, there are two problems, namely: 1) What is the importance of The Business Judgment Rule Principle in the management of BUMN’s in Indonesia? 2) How is the criminal responsibility of the Board of Directors for the loss of BUMN related to the Business Judgment Rule Principle? This study is a normative juridical study conducted through a literature study using legal materials to produce an analytical description in order to answer the problems posed. The results of this study show that The Principle of Business Judgment Rule has an important position in ensuring the protection of directors who run the company based on Good Faith and Condor. The renewal of the board of directors' criminal liability for BUMN losses based on the Business Judgment Rule Principle has the direction (Ius Constituendum) of revising the BUMN Law in the form of reconceptualization and strengthening of The Principles of Good Faith and Good Will through the framework of good corporate governance.
Indonesia's Position As Mediating State In Handling The Conflict Russia-Ukraine Conflict Based On The Concept Of Responsibility To Protect (R2P) Ajawaila, Della Paula
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1548

Abstract

Russia-Ukraine Conflict in the Perspective of International Law” Indonesia's current position is an active mediator so that it must strive non-formally and formally. Indonesia is the president of the G20 which has a strong role because this conflict has an impact on the economy. What Indonesia is doing is referring to the pursuit of peace, m to build international stability. The type of research used by the author is normative research. Normative research is a type of legal research derived from scientific research procedures in order to find the truth based on legal objectives from the normative side. “Responsibility to Protect” is a principle in international relations that aims to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. State action in carrying out humanitarian interventions is often based on the reason that there has been an extraordinary humanitarian tragedy that can threaten international peace and security as the goal of the United Nations.
The Importance of Trade Unions / Labor Unions in Companies Ahmadi; Moh Abu Mahmud
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1549

Abstract

An employment relationship occurs if there are elements of orders, wages, work carried out between the employer and the worker/laborer. Once there is an employment relationship, workers/laborers have the right to establish a workers/labor union within the Company. After workers/laborers have a trade union/labor union organization in the company, the worker/labor union has rights that must be accepted by the company in order to achieve dynamic work relations within the company. The rights of workers/labor unions that must be accepted after being established in a company are; represent workers/laborers to negotiate with employers, make collective work agreements, fight for share ownership for workers/laborers in the company and fight for the rights of every worker/laborer as regulated in labor legislation. Employers should not be arbitrary in providing every right to workers/laborers in the company because the rights of every worker have been regulated in legislation, for example regarding the Regency Minimum Wage (UMK) which has been regulated by the Governor's Regulation. Every company must comply with it to pay wages for its employees according to the UMK. . UMK is a safety net for workers to earn wages in order to achieve peace of mind at work. Even though wages are determined every year, if employers want to pay above the minimum wage, it is also permissible because workers/laborers are company assets that need to be looked after in order to make the production process more productive. But sometimes entrepreneurs underestimate workers/laborers because there are many workers out there who are unemployed, so between support and demand, supply and demand are not balanced, the bargaining position of workers/laborers is very low. So, to protect workers/laborers, it is absolutely necessary to have a workers/labor union in the company to act as a representative in every industrial relationship with the employer. One of the roles of trade unions is to represent workers/laborers when facing employers' lawsuits, whether regarding employment disputes or other disputes. One of the dispute claims that is submitted must be carried out by bipartite efforts first between the worker/laborer and the employer after which mediation is carried out by the department that handles employment issues.
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
Managing State Finances Amid Globalization; Challenges And Opportunities Fuad; Rio Rama Baskara
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i1.1578

Abstract

The increasing complexity and dependency of the global financial system are among the impacts of globalization on Indonesia's financial management. Globalization is often associated with the economy, politics, and society globally. This phenomenon indicates an increasing interconnectedness between countries worldwide. As a result, globalization creates broader impacts, influencing nearly every aspect of human life at the local, national, and global levels. The approach used in this study is qualitative with a literature review method. The results show that state financial management must be carried out in an orderly manner, in compliance with laws and regulations, and executed with high efficiency, economy, and effectiveness. Human resource competence becomes a critical element of achieving optimal state financial management. Globalization, a complex phenomenon involving economic, political, social, and cultural integration worldwide, is a process that accelerates interactions and exchanges between individuals, companies, governments, and institutions across different parts of the world. Globalization has become a significant factor influencing the regulation of state financial management. In the era of globalization, Indonesia faces unique challenges and opportunities in managing its finances. Some affected aspects include economic dependency due to Indonesia's increasing global connectivity through international trade, foreign investment, and capital flows. This affects state revenue and fiscal policy, as global economic fluctuations can impact tax revenue, commodity prices, and domestic financial market conditions. Keywords: challenges, finance, globalization. management, opportunities
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.

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