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.
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<![CDATA[Perbuatan Makar di Indonesia: Kebijakan Hukum & Ketentuan Penyidikan ]]>
<![CDATA[Winson Winson]]>;
<![CDATA[Abdurakhman Alhakim]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3556
<![CDATA[Indonesia is a state of law, as mandated in the Indonesian constitution. And also Indonesia is a democratic country that upholds the sovereignty of the people, this is certainly inseparable from the problems that then arise by the people and the sovereign government, namely an act which is then carried out by a person or group of people to overthrow the sovereign government or commonly known as a crime. treason. In Indonesia, the crime of treason is something that often happens considering that Indonesia is a democratic country. So the purpose of this research is to find out the provisions of the investigation of the perpetrators of the crime of treason in Indonesia and the policy of criminal law against the perpetrators of the crime of treason in Indonesia. This study uses a normative juridical research method. And it is known that the crime of treason in Indonesia has been explained in the Criminal Code, which in article 104 of the Criminal Code concerning treason, in this case, has an explanation related to the objective and subjective elements of an act of treason so that some provisions on the applicable criminal law policy, in this case, This can be used to adjust to the act of treason committed by the perpetrator.]]>
<![CDATA[Dampak Hukum Pencurian Karya Melalui Dunia Maya ]]>
<![CDATA[Akhmad Rifaldi Nur Ramadhan]]>;
<![CDATA[Rahmi Ayunda]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3576
<![CDATA[In this digital era, one cSan show the work created through various sites on the internet as examples of several media in cyberspace so that people can admire the created work virtually. However, in this situation there is also a negative side, namely there are parties who are not responsible and do not provide benefits to the creator of the work, because that party uses and takes the artist's copyrighted work for his personal interests which he uses as a commercial thing that benefits him and does not give any royalties to the creator and do not give permission to take the copyrighted work to the artist. In writing this scientific article, there are objectives to be achieved, including knowing and reviewing legal reviews that can be given to creators whose copyrighted works are taken by other people in cyberspace along with the impacts that can be imposed on perpetrators and to find out how to dispute resolution if someone takes a copyrighted work. without the permission of the creator in several online media in cyberspace. The juridical research method used in this research is to examine principles, doctrines, legal norms, and laws that are directly related to intellectual property. The type of approach used in this legal research is the statutory approach, namely by reviewing all laws and regulations that are directly related to related issues in the field of copyright and looking at the comparison of the application of the law with the laws and regulations that have been regulated. and has to do with Copyright. To see the rules set in cases like this]]>
<![CDATA[Pembaharuan Hukum Acara Pidana Tentang Persidangan Online Dalam Keadaan Darurat ]]>
<![CDATA[Mega Ayu Werdiningsih]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3633
<![CDATA[In 2018 the Supreme Court launched an electronic court service system (E-Court) and a year later an online court system or E-Litigation was formed which is part of the E-Court. This E-Litigation system was only implemented for criminal trials when Indonesia entered a Health Emergency status due to the spread of the COVID-19 virus which created large-scale social restrictions (PSBB) in 2020, through Supreme Court Regulation (Perma) Num.. 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. With the form of juridical-normative research method, this research looks for data by studying literature in the form of legislation and related literature. The results of this study indicate that Perma No. 4 of 2020 which has imposed E-Litigation on criminal cases as a whole has substance that is not only related to administrative matters (registrars) of criminal case trials but has also influenced basic norms in criminal procedural law as regulated in the Criminal Procedure Code]]>
<![CDATA[Universalisme Dan Relativisme Budaya Dalam Penegakan Ham Terhadap Kasus Kerangkeng Manusia Dan Perbudakan Modern ]]>
<![CDATA[Sylvia Dwi Andini]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3568
<![CDATA[Universalism and cultural relativism are two different and conflicting points of view regarding human rights, universalism has a wider scope, namely universally, while cultural relativism is more inclined towards society or the culture that exists in society. Human rights themselves prohibit all forms of slavery such as deprivation of liberty, deprivation of rights, deprivation of comfort and welfare, deprivation of honor and torture. The proof of a case of human exploitation and the finding of a human cage requires us to eliminate all forms of slavery, because slavery is an act that is very inhumane and very degrading to human dignity, especially in the case of human cages. The purpose of this article is to find out and understand universalism and cultural relativism through a case study of human rights violations in Indonesia. The research method used is a normative juridical research method. With regard to cases of human exploitation and the existence of human cages that have been proven to be torture, violence as well as degrading treatment, we must return to the existing regulations, namely Article 28 G paragraph 1 “Everyone has the right to protection for himself, his family and his family. , honor, dignity and property under their control, as well as the right to a sense of security and protection from the threat of fear to do something which is a human right. The actions taken by the inactive Langkat Regent are completely unjustified, apart from tripping over a corruption case, he also violates a person's human rights. The slavery carried out by the District Head of Langkat has clearly violated Law No. 19 of 1999 concerning the Ratification of the ILO Convention on the Abolition of Forced Labor.]]>
<![CDATA[Hibah Wasiat Atas Tanah Bekas Adat Berdasarkan Akta Hibah Wasiat Yang Dibuat Oleh Camat ]]>
<![CDATA[Andi Ainun Magfirah Ramadhani]]>;
<![CDATA[Muhammad Basri]]>;
<![CDATA[Muhammad Ilham Arisaputra]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3641
<![CDATA[A testamentary grant on ex-customary land as an object of the dispute by looking at the Court's Decision which decided on a civil dispute case Number: 21/Pdt.G/2015/PN/BLK which in its decision rejected the plaintiff's claim that the ex-customary land belonged to him, because the defendant has proof of ownership, namely a will grant deed carried out by the Camat as PPATS. This study aims to analyze the strength of the proof of the will as the basis for land tenure and ownership, as well as to analyze the validity of ownership and control of ex-customary land rights based on the testament grant deed made by the sub-district head as PPATS. This study uses empirical research methods, by analyzing the data collected through interviews and literature study, then the collected data is analyzed using descriptive analysis techniques. The results of this study indicate that the testament grant deed in the case of the Civil dispute Number 21/Pdt.G/2015/PN/BLK does not have a basis of manufacture where the will grant deed does not have a certificate and is only made in front of the sub-district head as PPATS, further should have been canceled by the Bulukumba District Court because it was not following the procedure for making a will and the beneficiary did not get his rights. So that it does not have the validity of ownership and control of rights if it is based on a will grant deed made by the sub-district head as PPATS]]>
<![CDATA[Hak Anti Diskriminasi Dan Upaya Hukum Bagi Tenaga Kerja Lanjut Usia Dalam Sektor Pekerjaan ]]>
<![CDATA[Amalia Tiara Kasih Subrianto]]>;
<![CDATA[Rani Apriani]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3636
<![CDATA[The necessity of working to meet daily needs is not only for people who are at a young age or productive age. This unreasonable reason is already outside of the provisions according to Law Number 13 of 1998 concerning Elderly Welfare and Law Number 13 of 2013 concerning employment. Where the elderly are given rights, one of which is the service of job opportunities. In addition to the workplace, there is also age discrimination among job applicants. This is because there is an age limit for the job you want to apply for, even if they actually meet the right qualifications. The research method used is normative legal research that seeks to produce a systematic explanation of the legal norms governing certain categories of laws. Based on the results obtained, although these elderly workers have been protected by law, their implementation is not appropriate. The causes that hinder this can come from two factors, namely prejudices and stereotypes that result in elderly workers experiencing discrimination such as demotion or demotion which can end in termination of employment]]>
<![CDATA[Online Gambling Phenomenon: Law & Society ]]>
<![CDATA[Delfi Aurelia Kuasa]]>;
<![CDATA[Febri Jaya]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3572
<![CDATA[The gambling phenomenon has been happening for a long time. Development of science and technology causes new ways to commit crimes. One of the crimes that occur is online gambling. This can happen due to facilities and media that make it easier for people to access sites and applications that have elements of gambling. To eradicate this action, a provision that strictly prohibits the act with consequences for the violators is needed. The online gambling act not only violates Indonesia's laws, but it also violates the values and norms embraced by the community. Although it has been prohibited by Indonesian law, online gambling cases are still widely found in the community. To find out why, the sociology of law is needed to find out the relationship between law and society. Viewed from the sociology of law’s point of view, especially the effectiveness of the law according to Soerjono Soekanto, the law on conventional and online gambling are still not fully effective. This is because there are still inconsistencies between applicable laws and social values, lack of legal certainty, lack of supporting facilities for law enforcement, lack of awareness and knowledge of the law, and lack of community participation in law enforcement actions. The research method is non-doctrinal or empirical legal research method which is carried out with statute approach and sociological approach. This research aims to determine the sociology of law’s perspective on online gambling that occurs in society. ]]>
<![CDATA[Exceptio Non Adimpleti Contractus Pada Kasus Wanprestasi Dalam Perjanjian Jual Beli ]]>
<![CDATA[Hasna Farida Brilianto]]>;
<![CDATA[Devi Siti Hamzah Marpaung]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3476
<![CDATA[Contract of sale t is the most commonly used agreement in the business world. The agreement is basically expected to take place fairly, well and proportionally as agreed between the parties. However, in reality, especially for commercial contracts, the fulfillment of contracts is not always smooth, the delays that occur are not only due to delays from one party, but also due to the intentional actions of the other party who have defaulted beforehand. Exceptio non adimpleti contractus is a form of denial of allegations of default. This research is used to find out how to regulate exceptio non adimpleti contractus in Indonesian regulations and what are the legal consequences of implementing exceptio non adimpleti contractus in buying and selling cases. In this study the type of research used is normative juridical research, while the issues discussed, raised and described in this study focus on the application of rules or norms in positive law. Based on the research results, the principle of Exceptio non adimpleti contractus has been regulated in Book III Article 1478 of the Civil Code and Jurisprudence such as the decision of the Supreme Court Number 156 K/SIP/1955. The legal consequence of the application of exceptio non adimpleti contractus is that the claim made by the plaintiff is threatened not to be continued because it is contrary to the principles and rules of the applicable civil procedure so that the lawsuit is not perfect]]>
<![CDATA[Balik Nama Pada Sertifikat Yang Mengandung Unsur Perbuatan Melawan Hukum ]]>
<![CDATA[Dwi Laksa Marabintang]]>;
<![CDATA[Andi Suriyaman M. Pide]]>;
<![CDATA[Muhammad Ilham Arisaputra]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3727
<![CDATA[This study uses empirical research methods, by analyzing the data collected through interviews and literature studies, then analyzed qualitatively and presented descriptively. The results show that the responsibility of the Land Office in this case the South Jakarta City Administration Land Office is to receive reports from the original owner of the land title certificate whose land has been transferred to a prospective buyer with a fake PPJB made by a fake PPAT so that an illegal act is indicated. The Land Administration of South Jakarta City then checks the validity of the transfer process as a responsibility in the event of a dispute or conflict over land rights, then accepts the request for cancellation of the land rights certificate which begins with blocking the certificate for 30 (thirty) days. Furthermore, the legal protection of the owner of the certificate by the Land Office of the City of South Jakarta Administration then blocked the certificate of land rights based on physical data and juridical data owned by the applicant, because the mortgage has been charged by the Nusantara Savings and Loans Cooperative. If done by the seller, the debt will be charged to the buyer, then the South Jakarta Administrative City Land Office records every legal action taken by the applicant in the land book certificate in question and conducts a field title to review the location of the disputed object and then the results will be submitted to the South Jakarta BPN Regional Office. to issue a Certificate of Cancellation of Certificate then the certificate will be crossed out and returned to the original owner]]>
<![CDATA[Pembajakan Di Laut Yang Dilakukan Secara Bersama-Sama Di Provinsi Lampung ]]>
<![CDATA[Zainab Ompu Jainah]]>;
<![CDATA[Cintya Dwi Meilita C]]>
<![CDATA[ Widya Yuridika Vol 5, No 2 (2022): Widya Yuridika: Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Widya Gama Malang ]]>
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DOI: 10.31328/wy.v5i2.3543
<![CDATA[The crime of piracy at sea often causes losses for ship owners. The pirates even kidnapped the captain of the ship, the crew, and the ship did not escape their targets. This aims to extort the ship owners so that they give money in a certain nominal which causes these pirates to benefit. The problems found in this study are how the judges' basic considerations in making decisions against perpetrators of criminal acts participating in piracy at sea and what are the factors that cause perpetrators to commit criminal acts of participating in piracy at sea based on Decision Number 443/Pid.B/2021/ PN.Tjk? The results of this study are the basis for judges' considerations in making decisions against perpetrators of criminal acts of participating in piracy on the sea, namely legal facts that were revealed in court, both juridical and non-juridical aspects, while the factors that caused perpetrators to commit crimes were participating in piracy above. marine factors include educational factors, individual factors, economic factors, environmental factors, the low level of criminal sanctions imposed, and global development factors]]>
