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Widya Yuridika
Published by Universitas Widyagama
ISSN : 26157586     EISSN : 26205556     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
WIDYA YURIDIKA: Jurnal Hukum, published by the Faculty of Law, Universitas Widyagama Malang, as a forum of scientific publications for legal scientists and humanities who have a concentration in the field of law and human rights. Widya Yuridika published two times annually, on June and December. Each of the issue has eight articles both on review and research article.
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Articles 21 Documents
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Search results for , issue "Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum" : 21 Documents clear
LGBT (Lesbian, Gay, Bisexual, Transgender) Dilihat Dari Sudut Pandang Undang-Undang HAM Di Indonesia Imanuel Robert Tanoko
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2656

Abstract

Everyone is born to be a different person. Likewise, everyone's sexual orientation is different. This makes everyone have freedom as long as they do not go against the laws and regulations and harm others. But in Indonesia not all people can accept the existence of LGBT people, mostly reject it. LGBT itself is known as lesbian, gay, bisexual, and transgender. No human being can be discriminated, while many LBGT people are discriminated, like being ostracized. In this case, LGBT also have human rights. Based on the Universal Declaration of Human Rights, it regulates freedoms such as race, color, sex, language, religion, politics or other views, national or social origin, property rights, birth or other status. Indonesia regulates discrimination, based on article 1 paragraph 3 of Law Number 39 of 1999 concerning Human Rights explaining discrimination, which states that everyone is free from discrimination. Indeed, there is no expliction regarding regulations for LGBT people, only a few regions have issued regional regulations regarding LGBT, one of which is the Musi Banyuasin Regional Regulation which prohibits LGBT. The regulation is contrary to the existence of human rights. Where it is not permissible to discriminate against every human being, as long as it does not harm other people and everyone has the freedom to choose what they want..
Penayangan Film Secara Live Streaming Tanpa Izin Gusti Kadek Bagaskara; Sutrisno .
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2705

Abstract

This research aims to give an understanding about the regulation of the action of showing movies in live streaming without permission based on Act No. 28 of 2014 about  Copyright. This research uses normative juridical method and analytical descriptive in processing the data with the qualitative approach to determine the content and the meaning of the law regulation in order to be the reference in resolving legal problems that has been the object of the study. The result of this research concludes that the action of showing movies without permission based on Act No. 28 of 2014 about Copyright in Article 9 Paragraph 3 which is every action of showing movies in live streaming without any permission violated the article. The violation in the copyright cases violates two rights of the copyright owner of the creation which are moral rights and economic rights of the creator or the copyright owner. With the rise of the amount of platforms in doing live streaming there are so many misuse that has been done. Most of cases that happen often are not handled further.This is because of some factors such as the media that is too broad and the lack of supervision. Other than that, there are so many parties do not understand about the copyright violation because it is considered as a normal act. In some cases, the violator knew that their act violated the law but they consciously still do that because there is no penalty or further action for their crime from the authorities.
Efektivitas E-Court Sebagai Sarana Penyelesaian Sengketa Di tengah Pandemi Covid-19 Di Indonesia Yusia Agatha Sihite; Devi Siti Hamzah Marpaung
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2495

Abstract

In the era of the industrial revolution 4.0, the process of progressing the digital and computerized era has greatly increased and has affected almost all corners of the world in aspects of human life, where in this case the legal system in the world is also affected by the influence of digitalization. In the legal order affected by this era of digitalization is the practice of law, especially in the area of the judicial environment. Evidence of the digitization process in the judicial world is the introduction of Virtual Civil Courts, where in Indonesia it is known as the E-Court system. The E-court system is a service for registered users where they register online, make payments online, and estimate the payment online, calls are made through electronic channels and technical trials are conducted electronically. Especially in pandemic conditions like this, many countries are experiencing lockdowns that hinder this legal justice system. So that the digitalization system in the pandemic era like this is very beneficial for the ongoing legal justice system that is in force.  During the Covid-19 pandemic, not many know how government regulations in law enforcement through dispute resolution are carried out through the e-court route, where since the Covid-19 pandemic dispute resolution through e-court has increased very significantly. The e-court itself has been regulated in Perma Number 1 of 2019 and (SEMA) Number 1 of 2020, because there are no other regulations governing e-courts, the problem of online trial regulation in Indonesia is almost the same as the American State. This research uses a method of approach that is normative juridical emphasizing the understanding and study of primary legal materials in the form of legal principles.
Tanggung Gugat PPIU Terhadap Batalnya Perjalanan Ibadah Umrah Akibat Pandemi Covid-19 Galang Pujo Sakti; Hervina Puspitosari
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2807

Abstract

Covid-19 is a non-natural national disaster stipulated by Presidential Decree No. 12 of 2020 concerning Disaster Declaration in the Spread of Corona Virus Disease 2019 (COVID-19) As a National Disaster. The Covid-19 pandemic caused the PPIU's (Umrah Service Organizing Committee) achievement to be carried out in the form of the implementation of the Umrah pilgrimage, which caused the PPIU to fail by default. This study uses a normative juridical research method, where the legal problems that occur will be analyzed by the authors using a statutory approach and literature study. The results of this study itself show that the failure of the departure of prospective Umrah pilgrims caused by the Covid-19 pandemic cannot be said to be a force majeure condition, because the Umrah travel agreement contained in the Decree of the Director General of Haji and Umrah Organization Number 323 of 2019 concerning guidelines for the registration of Umrah pilgrims did not explain for certain that the Covid-19 pandemic itself was said to be a force majeure condition, so that the PPIU continued to provide accountability without having to prove fault from the PPIU. The responsibility given is in the form of renegotiation between the PPIU and prospective pilgrims in the form of rescheduling the Umrah pilgrimage trip after the Covid-19 pandemic and refunding registration fees for prospective pilgrims who request cancellation with valid reasons. The legal consequence of this is that it is not allowed to unilaterally cancel the agreement on the grounds that Covid-19 is a force majeure condition, before the Government can provide certainty in terms of laws or policies related to the Covid-19 pandemic.
Perlindungan Hukum Terhadap Investor Pemegang Obligasi Atas Gagal Bayar Yang Dilakukan Oleh Emiten Selama Pandemi Covid-19 Humaira Nadhifa; Lastuti Abubakar; Tri Handayani
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.3081

Abstract

The development of the Indonesian Capital Market is currently running very rapidly. The rapid development Indonesian Capital Market can’t be separated from the role of Investors and Issuers as the main actors in the capital market. Bond as one of the investment instrument in Indonesian Capital Market which currently circulating in line with high demand among investor considering bond have lower risk than other capital market instruments. However, investing in bond is not without risk, because Issuer may fail to pay their obligation. The Coronavirus Disease 2019 (Covid-19) Pandemic has caused bond default rates to increase. Such condition can lead to a crisis of Investors confidence in Indonesian Capital Market. Therefore, this study aims to find out and understand the form of legal protection for Investors who suffer losses due to default during Covid-19 Pandemic and the legal actions that can be taken by Investors for losses arising from default. The research method used is normative juridical with descriptive analytical research specification. Based on the Indonesian Civil Code and Indonesian Capital Market Law, it can be concluded that the Issuer who issue bond is responsible for paying bond interest and returning the principal of the bond loan on the maturity date to Investors. Bond default give Investors the right to demand the return of their rights to bond interest and to the principal of maturing bond through the Trustee. Legal actions that can be taken by bondholders are internal dispute settlement, external dispute settlement through Integrated Alternative Dispute Resolution Institution, or through litigation.
Ilmu Kedokteran Forensik Sebagai Ilmu Bantu Dalam Penegakan Hukum Pidana Di Indonesia Tia Ningsih
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2504

Abstract

The purpose of writing this article is to understand and identify the forms of the role of forensic medicine in assisting criminal law enforcement and to find out the legal consequences for forensic doctors who refuse to give their statements as expert witnesses in criminal justice. This study uses a normative juridical legal research method using a statue approach and a conceptual approach. The results of this study are forensic medical science in criminal law enforcement, which acts as an auxiliary science that can reveal facts about the existence or absence of criminal events, to reveal the process of criminal acts and their consequences, to determine the time of the crime, to find out the truth of how the crime occurred, the ways and signs that occur in a criminal event, as well as to reveal the identity of the perpetrator of the crime and the identity of the victim in the case of a mysterious corpse, in which the disclosure of these facts is carried out by a forensic doctor in the form of expert testimony that serves as legal evidence in criminal justice so that it can be considered by judges to decide and try a criminal case. If the authorized law enforcer requests assistance from a forensic doctor to provide his testimony as an expert witness, either orally (directly in court) or in writing (in the form of a Visum et Repertum), the forensic doctor is obliged to do so If the forensic doctor refuses to give his testimony as an expert witness in criminal justice, he can be subject to Article 224 of the Criminal Code with a maximum imprisonment of nine months (for criminal cases) or a maximum imprisonment of six months (for cases other than criminal). Article 522 of the Criminal Code with a maximum fine of nine hundred thousand rupiah.
Analisa Yuridis Keterlambatan Pembayaran Manfaat Asuransi Jiwa PT. Asuransi Jiwasraya Ghanisworo Ayu Pratiwi; Mas Anienda Tien Fitriyah
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2530

Abstract

This study aims to analyze the causes of non-fulfillment of life insurance benefit payments at PT. Asuransi Jiwasraya in the perspective of positive law that applies in Indonesia and the efforts taken by PT. Asuransi Jiwasraya in late payment of life insurance benefits. This study uses a normative juridical research method, where the legal problems that occur will be analyzed by the authors using a statutory approach and literature study. The results of this study indicate PT. Asuransi Jiwasraya does not fulfill the benefits of its customers, because it shows that they are in default on the policy agreement that has been agreed upon by PT. Asuransi Jiwasraya with customers, because of their carelessness in investing customer money which resulted in customers failing to get the benefits. The responsibilities carried out by PT. Asuransi Jiwasraya in accordance with the PT. Asuransi Jiwasraya with customers that if there is a dispute, the settlement will be carried out through deliberation, mediation, reporting to the OJK, legal channels or the courts. The settlement efforts did not result in deliberation, failed mediation and no administrative sanctions were imposed by the OJK, and there were also no claims for default from the courts. There is no dispute resolution contained in the policy agreement that brings results to get customer benefits. The solution from the author should be if PT. Asuransi Jiwasraya cannot pay the benefits directly, it can be done in stages with the customer's approval.
Analisis Tindak Pidana Penipuan Perekrutan Tenaga Kerja Kontrak (Studi Kasus Laporan Polisi Nomor : LP/B/2501/X/2021/SPKT/SATRESKRIM/Polres Metro Bekasi Kota/Polda Metro Jaya) Resti Ayu Sumadi; Imam Budi Santoso
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.3019

Abstract

This criminal act of contract labor fraud in the Bekasi City Government occurs because people want to choose a fast or instant way to get the job they want, and the perpetrator takes advantage of this situation to become a broker, by paying a sum of money to the broker and the job, but in fact it is a scam. Because the Bekasi City Government insists that there is no requirement to give money to become a Contract Worker. This case continues to occur, because of the lack of handling of these problems, all perpetrators are not given legal firmness for their actions. The purpose of this paper is to analyze cases of criminal acts of contract labor crimes committed by employees of the Bekasi City Government. The research method used is descriptive qualitative research method. Qualitative research is in the form of research with a case study approach, and also uses a normative juridical approach, where this research is carried out in the literature by collecting secondary data consisting of primary, secondary, and tertiary legal sources. The case study in this article is taken from Police Report Number: LP/B/2501/X/2021/SPKT/SATRESKRIM/Polres Metro Bekasi City/Polda Metro Jaya. The Bekasi City Government should be able to provide law enforcement to the perpetrators in order to make perpetrators, and anticipate more problems that occur in the Bekasi City Government.
Pertanggungjawaban Pidana TNI Dalam Tindak Pidana Penganiaya dinda lestari bunga; Muridah Isnawati
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.3587

Abstract

Criminal liability is the acceptance of all forms of punishment given to perpetrators who have committed villations (acts against the law). TNI institution which has the duty to defend the sovereignty of the nation and state, maintain the territorial integrity of the state, and maintain the safety and dignity of the indonesia nation and state. With such duties and functions, what about TNI personnel who commit serious crimes of mistreatment. The research method used is normative research which is carried out by researching library or secondary materials as the basis for research using a statutory approach related to the problems to be discussed.
E-Court Daiam Penerapan Prinsip Peradilan Sederhana, Cepat Dan Biaya Ringan Di Pengadilan Negeri Tuban Mustafa Ashari
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2529

Abstract

After the spread of the COVID-19 virus pandemic, government administrative services began to be shifted to electronic media. The court service is no exception. One of the services that are present in the community is E-Court. This study aims to find out how the implementation of E-Court in applying the principles of justice which is simple, fast and low cost and to find out what are the obstacles of E-Court in implementing the principles of justice which are simple, fast and low cost in the Tuban District Court. This study using empirical juridical research methods with primary data sources and secondary data. Primary data is data that comes from the original or first source by conducting interviews with related parties while secondary data is some data obtained through libraries which include books and documents, related to the object of research. Data collection methods used are field observations, interviews with resource persons and literature studies with qualitative analysis data analysis techniques. The results of this study are the implementation of E-Court at the Tuban District Court can apply a simple, fast and low-cost trial as well as several obstacles encountered, including the unprepared human resources in Tuban district, signal strength and internet networks that are not evenly distributed in each sub-district. in Tuban district, the E-Court server is slow during peak hours, E-Payment is not yet integrated with all banks, and finally E-Court in its implementation still relies on the principle of consensuality.

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