Widya Yuridika
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.
Articles
167 Documents
<![CDATA[ANALISIS YURIDIS KRIMINOLOGIS TENTANG KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN OLEH ISTRI TERHADAP SUAMI ]]>
<![CDATA[Zulkarnain Zulkarnain]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.526
<![CDATA[Household violence is a serious phenomenon that should be catered for due to its seriousness; it is not only done by the husband, who its mostly the doer of the action, but also by the wife. As a result, it is urgent to put the laws forbidingthe practice of such a householdviolence into effect. The laws control the protection of the victims in a household. Paradoxically, the enforcement, however, may trigger new modes of household violence, namely the violence done by the wife. The modes of violence are various in type. In criminology studies, it is shown that the violence by the wife is caused by many causes. Further analyses (using a causalteit theory in criminal law) suggest that the violence by the wife is marely a negative reaction against the violence by the husband. On the basis of such of phenomenon, the law enforcement underscores socio-criminological aspects in order to realize a criminal individualization-based justice. Making a wife into a criminal case as a form of a repressive action of the violence just hide the real forms of household violence mostly done by the husband. Kata kunci: Kekerasan dalam rumah tangga, kekerasan istri, penegakan hukum]]>
<![CDATA[HUKUM SEBAGAI SISTEM NORMA ]]>
<![CDATA[Diah Aju Wisnu W]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.516
<![CDATA[Talking about law as the system means that we are talking about law as a system of norm. As a system of norm, the creation of positive law should obey higher norms, so that a system of law is a leader of the principle of law pyramidally. Hopefully, referring to a law as a system of norm, the positive law may functional in the life of society.]]>
<![CDATA[PERSEPSI MASYARAKAT TERHADAP PEMIDANAAN PEKERJA SEKS KOMERSIAL JALANAN DAN PENGARUHNYA TERHADAP KEBIJAKAN PEMKOT (Studi di Kota Malang, Jawa Timur) ]]>
<![CDATA[Ibnu Subarkah]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.527
<![CDATA[This present study was intended to understand the peoples perception on the comdemnation of street prostitutes and to know and explain the influence of the comdemnation of the prostitutes on the municipal government in formulating policies on this case using value or policy approaches. This study was based on the idea the criminal sanctions that have so far been given to the prostitutes. The peoples perception on the comdemnation of the prostitutes that the concemnation is ineffective in terms of the aspect of criminal sanction. The perception is from social affairs department and also municipal police unit. However, according to the 2005 local regulation no. 8 as a new regulation in malang municipality, the subject of the actors is widened. Therefore, the application of the local regulation is in line with the factors inherent in the doers (prostitutes), for example, economic or unhappy marriage factors. Based on the condition, it is necessary to maximize the guidance. Dealing with the influence on the malang municipality government, preventive action as a tool to avoid penal actions is thought to be ineffective in line with the application of the regulation. Therefore, the malang municipality government should develop a certain policy i.e, providing a rehabilitation centre as a non-penal prevention as suggested by the social affairs department and the municipal police unit. Kata kunci: Persepsi, pemidanaan, pekerja seks komersial, kebijakan]]>
<![CDATA[PENYELESAIAN SENGKETA TANAH SESUDAH BERLAKUNYA UNDANG-UNDANG POKOK AGRARIA ]]>
<![CDATA[Istijab Istijab]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.522
<![CDATA[Since September 24th, 1960, land disputes have floated in respect to the government’s policies which are inconsistent, overlapping and ambivalent. The UUPA No. 5/1960 has been emasculated by the released of sector regulations such as mining regulation, forestry regulation, local government regulation (Autonomy) that each of them has put the land on the same object, whilst each department has different viewed in understanding the object. The different understanding of land as the object has opened to conflict of interest that substantially causes UUPA No. 5/1960 to compartmentalization. Finally, how to identify the land dispute cases, the causal factor of land dispute and solution of the cases based on the source, principle and prevailed regulation must be discussed. Kata Kunci : UUPA, sengketa tanah dan kebijakan pemerintah]]>
<![CDATA[EKSISTENSI DIRI WARIA DALAM KEHIDUPAN SOSIAL DI TENGAH MASYARAKAT KOTA (Fenomenologi Tentang Eksistensi Diri Waria Urbanisasi di Kota Malang) ]]>
<![CDATA[Muhammad Ramadhana Alfaris]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.528
<![CDATA[This research is a purpose to reveal how the self-existence of transvestites urbanization in Malang City. The methods used in this study using the method of transcendental phenomenology because this research is included in the phenomena of social life. Self-existence of transvestites have a broad enough concept in a process which is the soul and the body is formed by imagination, emotion, and cognition. It can be said that a transvestite is the third human figure of absolute gender and the sexuality formed through pressure and socialization, then internalized into action normally, because of the sexuality orientation walks normally in accordance with the gender has been selected. Kata kunci: eksistensi, kehidupan waria, eksistensialisme, fenomenologi]]>
<![CDATA[PROFESI ADVOKAT: ANTARA HARAPAN DAN KENYATAAN ]]>
<![CDATA[Solehoddin Solehoddin]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.525
<![CDATA[Lawyer is a honourable profession (officum nobile). And in doing so, he should work under the protection of law, regulation, and ethical codes, and he has freedom on the basis of this respect and personality. As a lawyer namely self-help, sincerity, and openness. He works as a law enforcers having equivalent position with judges, policemen, or attorneys. In fact, in its development, this profession encounters many challenges. For example, the people underestimate this profession since those working on this field show improper behaviors which are irrelevant with the ethical codes. It is not wrong if there is a stigma in this profession that a lawyer is a “junk profession”. Kata kunci: Profesi hukum, dan advokat]]>
<![CDATA[KEMANDIRIAN KONSUMEN DI ERA GLOBALISASI DAN PERDAGANGAN BEBAS (Kajian Mengenai Undang-undang Perlindungan Konsumen No. 8 Tahun 1999 Terhadap Perlindungan Hak-hak Konsumen) ]]>
<![CDATA[Emei Dwinanarhati Setiamandani]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.523
<![CDATA[The Application of a free trade in the globalization are has resulted in a tight competition in the economic sector. In order to protect consumers from detrimental actions done business actors in the transaction of products and services, the government have made a regulation on the consumer protection. This present study was intended to understand the protection guarantee the government give on the basis of the 1999 consumer protection laws in the free trade in this globalization era. In this present study, a normative judicial approach was employed. In this approach, a legal examination was made based on the study on the legislation regulation and literatures in order to analyse the emerging problems. The result of the study showed tha the application of the 1999 consumer protection laws no.8 proved that the protection to the consumers was given by all parties, namely among others, the government, the people, and consumer protection organizations. It hopefully may give the consumers in the globalization era an equal position with the business actors. Kata kunci: Globalisasi, perlindungan, konsumen, dan pemerintah]]>
<![CDATA[PERSPEKTIF POLITIK HUKUM TERHADAP TANTANGAN KEBERADAAN HUKUM MENUJU GLOBALISASI ]]>
<![CDATA[Miftachus Sjuhad]]>
<![CDATA[ Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i1.524
<![CDATA[In the field of law, globalization is characterized by the borderless states; no state can claim that it follows a system of law absolutely. There have been mixes and penetration between on system of law to another. In this globalization era, any discussions on the challanges of the existence of law have not been separated from the internal influence of the nation and the surrounding political system and also the cultures. This analyse will explore how the internal and external challenges of the law face the globalization currents that demand on perfect preparation in all aspects. The political will of the government of Indonesia is really different between before and after the reformation. Multidimensional cries that have not been finished yet may potentially destroy the nation and state of Indonesia up to the zero point. Meanwhile, on the one hand, from the law point of view, in this country, the political products are full of various interests. On the other hand, the national law of Indonesia is facing globalization. Therefore, it is vital to create a harmonious link between the national law and the international law, with attention given to the internal context of Indonesian people. Kata kunci: Politik hukum, Harmonisasi hukum, globalisasi]]>
<![CDATA[IMPLEMENTASI AFFIRMATIVE ACTION KUOTA PEREMPUAN DALAM PARTAI POLITIK DAN LEMBAGA PERWAKILAN RAKYAT DAERAH (Studi di Wilayah Kota Malang) ]]>
<![CDATA[Sirajuddin Sirajuddin]]>;
<![CDATA[Adiloka Sudjono]]>
<![CDATA[ Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i2.746
<![CDATA[In the 2009 legislative general election, there were 793 definitive candidates, consisting of 528 men and 265 women. Therefore, the average percentage of definitive female candidates from the whole parties was 33% and in general it seems that the percentage was above 30%. But, an affirmative action as stated on the law on the election of the house of representative members in Malang city in 2009 was not reached, since the number of the elected female legislative representative was still under quota of 30%. Factors causing such less optimum affirmative action in political parties and the house of representative in Malang city are as follows: (1) the political context dominated by men so that the women’s interest was less accommodated. (2) the social context dominated by men so this resulted in masculine practices and (3) the cultural context dominated by a patriarchal tradition resulting a social construction on the division of men and women, and the legal factor through the decision of the constitutional court that did not condition the legislative candidates based on the highest voters, instead of the number order. Kata Kunci: affirmative action, perempuan, partai politik, lembaga perwakilan rakyat daerah]]>
<![CDATA[PELAKSANAAN DAN TINDAK LANJUT LAPORAN EVALUASI BADAN PEMERIKSA KEUANGAN ATAS HASIL PEMERIKSAAN AKUNTAN PUBLIK PADA BADAN USAHA MILIK NEGARA ]]>
<![CDATA[cahyo anggoro]]>;
<![CDATA[Dewi Kania Sugiharti]]>
<![CDATA[ Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v1i2.564
<![CDATA[Law Number 19 of 2003 regulates that the implementation of state financial management and accountability audits in State Owned Enterprises is conducted by Audit Board and Public Accountants. Law Number 15 of 2004 and Law Number 15 of 2006 regulates if the state financial audit is conducted by a public accountant in accordance with the provisions of other laws, the report of this audit result shall be submitted to Audit Board. Audit Board will evaluate the report and then submit the evaluation result and the public accountant's audit report to the representative body. This research will describe the implementation of Audit Board evaluation on the result of public accountant audit of State Owned Enterprises financial report and follow up on the implementation of the evalauation conducted by related parties.The research used normative legal research method. The researcher will conduct an inventory of positive laws related to researc,. Data collection includes data collection at Audit Board, House of Representative, and the Ministry of Finance.Based on the results of research known that Audit Board is not effective in conducting evaluation of the results of public accountant audit of the financial statements of State Owned Enterprises. Audit Board only conducts an evaluation of several reports. Follow-up on the report is used by the Ministry of Finance to provide administrative sanctions for public accountants who are considered not in accordance with the standards in conducting the audit. The House of Representatives uses the evaluation report as one of the materials in carrying out supervision over the management of State Owned Enterprises. In the future, there should be a clear regulation to regulate the evaluation so that each party knows and understands the rights and obligations, including the sanctions.Kata kunci: Badan Pemeriksa Keuangan; Badan Usaha Milik Negara; Evaluasi Hasil Pemeriksaan Akuntan Publik; Tindak Lanjut Pemeriksaan]]>
