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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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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.
State Control over Water Resources: PDAM Makassar and the Irony of Article 33 of the 1945 Constitution Tandori; Caritas, Woro Murdiati
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1913

Abstract

The clean water crisis that has persisted for more than two decades in Makassar City reflects a systemic failure in the implementation of clean water supply policies, despite the SPAM Law and its derivative regulations. This study uses a normative juridical approach to analyze the effectiveness of legal norms and the reality of clean water access in Makassar, with indicators including conformity with the 1945 Constitution and international human rights, central-local division of authority, and guarantee of sustainability of water supply. The findings indicate overlapping and disharmonized regulations, as well as weak policy implementation at the local level, especially in the context of Makassar's PDAM. This study emphasizes the importance of regulatory harmonization, strengthening local capacity, and public participation. This research contributes to the development of water policies that are equitable and responsive to the needs of vulnerable communities, and enriches the discourse on legal effectiveness in the context of decentralization and the right to water.
Notary's Authority in Making Deeds of Agreement to Protect Trade Secrets Gitalansa Martantina Widya; Budi Santoso
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1935

Abstract

Trade secrets are a crucial element of intellectual property in the modern business world, requiring proper legal protection. One preventive legal tool is a confidentiality agreement (Non-Disclosure Agreement), which can be reinforced through notarial deeds. This research aims to analyze both the role and legal authority of notaries in drafting such agreements and to assess the extent of their contribution to trade secret protection. Using a normative juridical method with statutory and conceptual approaches, this paper examines notarial deeds in light of their legal validity and evidentiary strength. The findings show that notaries, as public officials, possess significant legal authority and play a strategic role not only in formalizing contracts but also in ensuring their enforceability. Their involvement enhances legal certainty and strengthens the legal framework protecting trade secrets in contractual relations.
Regulatory Gaps In Copyright Protection For NFT-Based Digital Artworks In Indonesia Aditya Pangestu Nugroho; Hastarini, Arvita
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1760

Abstract

This research analyzes the legal protection mechanisms for digital illustration copyrights in the NFT market in Indonesia so that the public's limited knowledge about copyrights can lead to many problems, such as effectively addressing digital art theft. Besides the types of digital art that are still unfamiliar to the Indonesian public, plagiarism is one of the biggest threats to digital artists. Because the internet is vast and easily accessible, it is easier for a digital artwork to be stolen without the creator's knowledge. Some key issues that will be discussed in this scientific paper are the protection of copyright for digital art as one of the copyrights that must be protected, as well as the implementation issues of protecting digital art against attempts to use these works without permission. Using a normative juridical method. The results of the research and discussion conclude that legal protection for digital art is implicitly regulated under Law Number 28 of 2014 concerning Copyright. Starting from the protection of the creator's exclusive rights to the legal actions that can be taken by the creator of the work. Keywords: Intellectual Property, NFT Marketplace, The Legal Protection
Problems In Regulating Cohabitation as An Offense in Law Number 1 Of 2023 Concerning the Criminal Code ikhsan, khairil
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1835

Abstract

This research discusses the problems arising from the criminalization of cohabitation in Article 412 of Law Number 1 Year 2023 on the Criminal Code (KUHP). Cohabitation, which is defined as living together without marital ties, is regulated as a criminal offense with prison or fine sanctions. This research uses normative legal research methods by examining laws and regulations, legal theories, and related expert opinions. The results show that the criminalization of cohabitation raises various problems, including violations of privacy rights, mismatch of sanctions with the character of the offense, as well as the potential for persecution and discrimination in law enforcement. In addition, this criminalization is considered not in line with the ultimum remedium principle, where criminal law should be the last resort in dealing with social problems. Article 412 of Law Number 1 Year 2023 on the Criminal Code (KUHP) is also considered unclear in formulating time limits and criteria for cohabitation, so it has the potential to be abused by law enforcement. This study concludes that the criminalization of cohabitation needs to be reviewed, by considering non-criminal approaches such as education and counseling, as well as respecting the right to privacy and the diversity of values in society. The recommendation of this research is the need for a more in-depth study of the social, psychological, and human rights impacts of criminalizing cohabitation, as well as a comparative analysis with similar regulations in other countries.
Legal Protection Of Children From The Psychological Impact Of Broken Homes Puspita, Putri; Khusnul Khotimah; Saiyidah Cahyani; Nur Baiti Islamiyah; Suniati; R.P.M Ganif Abimanyu; Hikmah
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1908

Abstract

The phenomenon of broken home families is an increasingly prevalent social condition that has serious impacts on the psychological development of children. Children who grow up in incomplete family environments are at risk of experiencing emotional stress, behavioral disorders, and an overall decline in quality of life. This study aims to examine the forms of legal protection for children who suffer psychological impacts due to broken home families. The research method used is normative legal research, with a statutory and conceptual approach. Data sources were obtained through literature studies of legislation, legal doctrines, and relevant court decisions. The results of the study indicate that legal protection for children in Indonesia is regulated in various legal instruments, including Law Number 35 of 2014 concerning Child Protection, as well as provisions in the Civil Code and Law Number 1 of 1974 concerning Marriage. However, the implementation of this protection has not been fully effective, particularly in the aspect of psychological recovery for children. Therefore, it is necessary to strengthen the role of child protection institutions, increase legal awareness among parents, and integrate legal and psychological aspects in efforts to protect children holistically.

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