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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 171 Documents
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Principle Of Information Transparency; Comparative Analysis Of Consumer Protection Laws And Qur'anic Ethics In Al-Baqarah Verse 42 Makfi, Miqdam; Muhammad, Hasman Zhafiri
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

Abstract

This study aims to analyze the principle of product information transparency under Law Number 8 of 1999 concerning Consumer Protection (UUPK) and to examine the ethical values of the Qur’an based on the exegesis of QS Al-Baqarah: 42, which contains the prohibitions of taktumūl al-ḥaqq (concealing the truth) and talbīs al-ḥaqq (mixing truth with falsehood). The research employs a normative juridical method using statutory, conceptual, and thematic tafsir approaches. Data sources consist of primary legal materials, including the UUPK, implementing regulations, and Qur’anic exegesis texts; secondary legal materials, such as legal literature, journal articles, and relevant research findings; and tertiary legal materials, including legal dictionaries and encyclopedias. The data were analyzed qualitatively through deductive reasoning. The results reveal that the UUPK normatively affirms the consumer’s right to receive accurate, clear, and truthful information (Article 4 letter c) and the obligation of business actors to provide such information (Article 7 letter b), reinforced by the prohibition of misleading acts in Articles 8–10. From the perspective of Qur’anic ethics, QS Al-Baqarah: 42 advocates honesty, openness, and the avoidance of information distortion, which are highly relevant to consumer protection. The normative integration of positive legal provisions and Qur’anic ethical principles produces a conceptual model of consumer protection based on moral-spiritual values, thereby strengthening the effectiveness of regulations in preventing misleading marketing practices. These findings enrich the study of modern economic law through the synthesis of positive law norms and Qur’anic values in establishing a fair consumer protection regime.  Keywords: Information Transparency; Consumer Protection; UUPK; Qur’anic Ethics; QS Al-Baqarah: 42
The Problem Of Neutral States In International Armed Conflicts Kandi Kirana Larasati; Fera Wulandari Fajrin
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i2.2075

Abstract

This research was conducted because there was a legal conflict regarding the status of a neutral state whose actions did not conform to neutral values in the form of freezing the assets of citizens in banks located in neutral state. The formulation proposed in this study is: First, the concept of neutrality in contemporary international law armed conflicts. Second, legal consequences of the status of a neutral State in relation to international armed conflict. The purpose of this research is to outline the concept of neutrality and analyse the problem of a neutral country in the Russian-Ukrainian armed conflict. The research approach used is the Statute Approach, including the 1907 Hague Convention especially Convention V and Convention XIII and the Conceptual Approach, including Neutrality in Humanitarian Law and the Courant Normal.
Restorative Justice-Based Criminal Justice System: Integration of Victim Trust Funds in the Criminal Code Procedure Kusumawati, Apriliani
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i2.2082

Abstract

The concept of restorative justice in the criminal justice system places the victim as the main subject who has the right to receive compensation for the suffering experienced, including the right to compensation. However, in practice, the applicable regulations, such as the Code of Criminal Procedure and Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, still show weakness in accommodating the rights of victims comprehensively. Victim Trust Fund, as regulated in Law Number 12 of 2022 on the Crime of Sexual Violence, along with its implementing regulations, is an important instrument to guarantee the fulfillment of victims' rights to compensation and other forms of recovery. The main issue discussed in this article is the position of the Victim Trust Fund in the right to recovery framework for victims and how the urgency of the integration of the Victim Trust Fund in the Code of Criminal Procedure as an Effort to Realise Restorative Justice.
Business Actors Liability For Defective Products In The Perspective Of Law Number 8 Of 1999 Concerning Consumer Protection Noviyani, Nia; Sigit Wibowo
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2153

Abstract

This research originates from the issue of increasing consumer losses caused by detective, damaged, or misleading products that do not correspond to the information promised by business actors. The purpose of this study is to analyze and identify the forms of business actors’ responsibility for detective products as reviewed under Law Number 8 of 1999 concerning Consumer Protection, as well as the regulation of cinsumers rights to obtain compensation under the same law. The research method used is normative juridical with a statutory approach and literature study of primary and secondary legal sources. The results show that business actors have strict liability for losses suffered by consumer do to defective products. The forms of compensation may includerefunds, products replacements, medical care, or financial assistance, which must be provided within seven (7) days after the transaction. Consumers rights to obtain compensation are regulated in Articles 4, 19, and 23 of Law Number 8 of 1999 concerning Consumer Protection. In the event of a dispute, resolution can be carried out trhough non-litigation (Consumer Dispute Settlement Agency) or litigation (court)
Civil Legal Consequences of Asset Use Crypto as a Pawn Guarantee Siregar, Dahris
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.1786

Abstract

As specified in the Civil Code's Article 503, crypto assets as intangible commodities can be categorized as intangible objects. In addition, since crypto assets have economic value and can be traded, they can be used as collateral. Documents known as "proof of storing crypto assets" are provided by the depository management as evidence of ownership of cryptocurrency assets. The purpose of this research is to examine the characteristics of cryptocurrency assets as collateral and the legal ramifications of lien asset loss. Furthermore, what legal ramifications arise from employing cryptocurrency assets as security for a lien. This study approach combines secondary data from literature reviews with a kind of normative legal research. Furthermore, to analyse the data, qualitative analysis is employed. The findings indicated that the crypto asset feature can be used as collateral for a lien because the feature meets the lien requirements that protect the interests of creditors. One of these is inbezitstelling, which means that the mortgaged object is owned by the creditor.
The Lack of Authority in Determining State Losses: A Legal Anomaly in Corruption Cases Nur Fadhilah Mappaselleng; Zul Khaidir Kadir
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2043

Abstract

This study analyzes the legal problems of determining state losses in corruption cases in Indonesia, especially regarding the unclear institution that is legally authorized to determine it. This study was conducted using normative research with a statute approach. The results of the study indicate that there is no explicit norm that establishes the Audit Board of Indonesia (BPK) as the sole institution authorized to determine state losses in criminal cases. This opens up space for investigators and prosecutors to use internal estimates or audits from non-constitutional institutions, which raises the potential for excessive criminalization, inter-institutional conflict, and legal uncertainty. This study recommends harmonization of legislation that integrates BPK investigative audits as the main evidence in corruption criminal proceedings and encourages the reconstruction of inter-institutional procedures to ensure the principle of due process and legal justice.
Legal Analysis of the Validity and Enforcement of Fiduciary Guarantees in Default Disputes Based on Decision Number 243/Pdt.G/2017/PN Smn. Cyndy, Yessyka Cyndy Utami; Fajrul Mumtaz Kurniawan
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2088

Abstract

Abstract This study aims to analyze the validity and execution of fiduciary security with market stall lease rights as collateral in default disputes, based on Decision Number 243/Pdt.G/2017/PN Smn. The background of this research lies in banking practices that frequently use stall lease rights as collateral, despite the fact that, normatively, lease rights are not classified as property rights under the Indonesian secured transactions law. The research method applied is normative legal research with a literature study approach, involving statutory regulations, legal doctrines, jurisprudence, and case analysis. The findings show that, under Indonesian civil law, stall lease rights are not explicitly recognized as fiduciary objects in Law Number 42 of 1999 concerning Fiduciary Security. Nevertheless, in practice, lease rights possess significant economic value and may serve as collateral, provided that the agreement fulfills the validity requirements under Article 1320 of the Civil Code and has obtained permission from the market management authority as the asset owner. The Sleman District Court Decision Number 243/Pdt.G/2017/PN Smn emphasized that although the collateral object is not a classical property right, the court still protected the creditor’s position based on the principle of pacta sunt servanda. The execution of fiduciary security over market stall lease rights must comply with the provisions of the Fiduciary Security Law, particularly after the Constitutional Court Decision Number 18/PUU-XVII/2019, which requires consensus on default or voluntary surrender by the debtor, or otherwise through a court order. The conclusion of this research is that the use of stall lease rights as fiduciary collateral remains possible, but it must adhere to civil law requirements, administrative regulations, and prudential principles to avoid legal disputes. Keywords: fiduciary security, stall lease rights, default, execution, legal certainty
The Validity and Legal Force of the Preliminary Sale and Purchase Agreement in the Event of Developer’s Default Haryadi, Frans; Retnowati, Endang; Fani Martiawan Kumara Putra
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2152

Abstract

The Preliminary Sale and Purchase Agreement (in Indonesia known as PPJB) serves as a preliminary contract between developers and consumers prior to the execution of the Deed of Sale and Purchase before a Land Deed Official. The PPJB provides legal certainty for both parties in property transactions during the construction phase. However, in practice, various legal issues arise when developers default, such as delays in property handover, discrepancies in building specifications, or unfinished projects. These situations cause losses to consumers and raise questions regarding the validity and binding legal force of PPJB when developers fail to fulfill their contractual obligations. This study employs a normative legal research method using both statutory and conceptual approaches. The primary legal materials include the Indonesian Civil Code, Law No. 8 of 1999 on Consumer Protection, and relevant regulations in the housing and property sector. The analysis was conducted qualitatively through examination of legal doctrines, principles of contract law, and the application of breach of contract (wanprestasi) within the legal relationship between developers and consumers. The results show that the PPJB remains legally valid as long as it fulfills the requirements for a valid contract under Article 1320 of the Civil Code and is based on the principles of freedom of contract and good faith. However, if the developer commits a default, the PPJB serves as a legal basis for consumers to demand performance, contract termination, or compensation pursuant to Articles 1266 and 1267 of the Civil Code. Therefore, the PPJB retains its binding legal force, but its implementation must be grounded in the principles of justice, legal certainty, and consumer protection in property sale and purchase transactions.
Non-Punitive Policy in Addressing Violence and Sexual Harassment Among Middle School Students in Sleman Regency Nabila Ihza Nur Muttaqi; Chandra Dewi Puspitasari; Iffah Nur Hayati; Puji Wulandari Kuncorowati; Setiati Widhiastuti
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2206

Abstract

This study aims to analyze non-penal policies implemented in addressing violence and sexual abuse among junior high school students in Sleman Regency. Violence and sexual abuse in educational settings, particularly at the junior high school level, are pressing issues that affect students' physical and psychological well-being. Non-penal policies, which focus on prevention, victim recovery, and education for students and educators, are expected to be a more humane alternative to legal approaches that tend to be reactive. This study uses a qualitative approach with a literature study method, which examines relevant policies, as well as reports and official documents available in Sleman Regency. The findings show that effective non-penal policies involve various elements, such as counseling for students and educators, establishing a safe reporting mechanism for victims, and implementing educational programs on sexual violence. In addition, the success of these policies also depends on the commitment of schools and the support of parents and the community. This study recommends that non-penal policies be expanded and implemented more comprehensively in all schools in Sleman Regency to create a safe educational environment that supports the recovery of victims of sexual violence and abuse.
Reconstructing Land Administration Law to Prevent Administrative Reclamation in the Control of Marine Spaces in Indonesia: An Ecological Justice Perspective Sri Ratu Ratna Intan; Suryanto Siyo; Maydika Ramadani
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2278

Abstract

This study examines the phenomenon of administrative reclamation, a legal-administrative practice in which marine spaces are transformed into legally recognized land through formal certification procedures without physical reclamation. Despite the clear distinction between land and sea in Indonesia’s agrarian and maritime legal regimes, such practices continue to occur due to regulatory fragmentation, weak institutional coordination, and administrative formalism. Using a normative juridical approach grounded in statutory, conceptual, and analytical methods, this research critically analyzes the legality of land certification over marine areas and its implications for ecological justice and coastal communities’ rights. The study argues that administrative reclamation constitutes a deviation from the principle of legality and undermines the public nature of marine space. It proposes a reconstruction of land administration law through the integration of marine spatial planning, strengthened field verification, and an ecological justice–oriented governance framework to prevent future abuses and ensure sustainable control of marine spaces.

Page 17 of 18 | Total Record : 171

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