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INDONESIA
Widya Yuridika
Published by Universitas Widyagama
ISSN : 26157586     EISSN : 26205556     DOI : -
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.
Arjuna Subject : -
Articles 167 Documents
PEMBAHARUAN CRIMINAL POLICY TENTANG SISTEM PERTANGGUNGJAWABAN PIDANA KORPORASI (Upaya Strategis dalam Penaggulangan Kejahatan Korporasi) Zulkarnain Zulkarnain; Zahir Rusyad
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (10015.955 KB) | DOI: 10.31328/wy.v1i2.747

Abstract

Corporation crime is as extra ordinary crime we should fight against seriously. Great efforts must be made in order to remove this crime. Such effortst, however, are not in a direct proportion with the criminal policy serving as a base in its law enforcement. The criminal codes serving as the main legal law turn out just considering natural people as a subject of criminal law that may be criminaly assumed, instead of recognizing corporations as the subject of the criminal law, although in some corporation arrangements out of the criminal codes, there are some schemas that recognize corporations as a subject of law. Such arrangements, however are still doubtfully made, since the recognition of corporations as a subject of law in the law still denies the responsibility and comdemnation of corporation in the Indonesian criminal law still refer to a paradigm that position a person as a doer of crimes. As a result, although it is clear that the actor of crimes is a corporation, it is the natural person who should be responsible for the crime.  Kata Kunci: korporasi, pertanggungjawaban pidana.
DINAMIKA PENYELESAIAN SENGKETA LINGKUNGAN HIDUP DI INDONESIA Selamet Suhartono
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (7590.753 KB) | DOI: 10.31328/wy.v1i2.742

Abstract

Any solution to the environment in Indonesia is very dynamic in line with the development: UULH (the law on the environment) was regulated through the court channel and tripartite institutions, UUPLH (the law on the environmental management), through the court and out of cour channels, namely the institution with an authotiry to decide and not to decide but the forms of the institutions are not clearly mentioned, namely arbitration and mediation which is clearly stated. The use of the court channels is based on the choices made by parties, and it is marely solved through the court if this kind of solution is stated to be wrong by one two parties.Kata Kunci: sengketa lingkungan, pengadilan, luar pengadilan.
PAYUNG HUKUM PENYANDANG DISABILITAS DALAM KONTEKS DUKUNGAN DAN AKSESIBILITAS TERHADAP PEMBANGUNAN SOSIAL BERKELANJUTAN Muhammad Ramadhana Alfaris
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.984 KB) | DOI: 10.31328/wy.v1i2.748

Abstract

Disability is a condition experienced by a person with various kinds of physical limitations. The thing of unfair is a sensitive part for people with disabilities, starting from discrimination, less of support, community stigma, and many inadequate access for people with disabilities. Therefore, the identification of problems in this study discusses the legal umbrella for persons with disabilities as well as support and accessibility to sustainable social development. This study uses descriptive analytical methods to explain the existing situation by using a normative juridical approach to identify and examine the law. The result is there are still many discriminatory attitudes towards persons with disabilities, such as from education access that is not yet the totality of persons with disabilities, then economic access for people with disabilities is less considered, then in health access that is still not fulfilled, especially health against physical disabilities, and less education of political access access for people with disabilities.Kata Kunci: payung hukum disabilitas, dukungan, aksesibilitas, pembangunan sosial.
BUDAYA MALU PADA MASYARAKAT TENGGER DAN PENGARUHNYA TERHADAP BUDAYA HUKUM PENGHINDARAN KONFLIK Purnawan Dwikora Negara
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.054 KB) | DOI: 10.31328/wy.v1i2.743

Abstract

This shame culture is developed and maintained to serve as a means of traditional social control / social control so that the Tengger people always behave in accordance with Tengger norms and customs so as to avoid conflict. Culture of shame in Tengger society greatly influences its legal culture, that influence can be seen / manifested in never conflicts. The efforts of the Tengger people to maintain their shame culture through a social control system in the form of: (a) religious education; (b) Education in the Family by developing the paugeran-paugeran Tengger; (c) Advice, namely advice given by the elderly to the young or fellow, and; (d) Social suggestion, namely instilling the values of fun through folklore and legends around Tengger.Kata Kunci: Budaya Malu, Tengger, Budaya Hukum, Konflik
PERUBAHAN RUMUSAN PASAL 1 AYAT (2) UUD 1945, IMPLIKASI DAN IMPLEMENTASINYA DALAM KETATANEGARAAN Anwar Cengkeng
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4077.753 KB) | DOI: 10.31328/wy.v1i2.744

Abstract

Problem identified in this research are as mentioned in the following. First, how is sovereignty conception according to article 1 sub article (2) of 1945 Constitution? Second, how is implication of change in article 1 sub article (2) of 1945 Constitution state body that had mandate to perform the sovereignty? And third, how is implementation of sovereignty 1 sub article (2) of 1945 Constitution to the Indonesia constitution system? This research included in the category of normative law research and descriptive analysis in nature. The result of the dissertation are as mentioned in the following, First, the sovereignty of conception adopted in the 1945 constitution is sovereignty of the God, state, peoples, and law. Second, the change of formulation of article 1 sub article (2) 1945 constituion has implications on state body of sovereignty performance. Third, in general conception of sovereignty, according to article 1 sub article (2) 1945 constitution, implementation have in Indonesia constitution system, good in arrangement of paintbrush institute state in 1945 constitution, and also in so many act, except in its bearing with authority of DPR and DPD. Kata Kunci: kedaulatan, demokrasi, dan the rule of law.
PENGAWASAN PENYELENGGARAAN PELAYANAN PUBLIK DALAM PEMERINTAH DESA Fatkhurohman Fatkhurohman
Widya Yuridika Vol 1, No 2 (2018): Widya Yuridika, Periode Desember, 2018
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (4779.244 KB) | DOI: 10.31328/wy.v1i2.745

Abstract

Public service is part of social basic to the citizens/ it is through public service that the government do its responsibility to meet needs and to try to improve its peoples prosperity. One of the facilities is to improve public service to villagers through a regulation on village namely the 2014 law No. 6 on village, stating that the regulation on villages is intended to improve the public service for villagers to accelerate the realization of a public prosperity. This article is intended to discuss the mechanism in giving public services in village government. Based on the normative method, it can be concluded that the supervision of public service in village government was not explicitly stated. This supervision should be made to prevent any misuses of authority.  Kata Kunci: pelayanan publik, pemerintahan desa, penyalahgunaan wewenang.
PERNIKAHAN DINI DI INDONESIA: FAKTOR DAN PERAN PEMERINTAH (PERSPEKTIF PENEGAKAN DAN PERLINDUNGAN HUKUM BAGI ANAK) Ana Latifatul Muntamah; Dian Latifiani; Ridwan Arifin
Widya Yuridika Vol 2, No 1 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (611.406 KB) | DOI: 10.31328/wy.v2i1.823

Abstract

Children are the most valuable assets for the sustainability of a country. Quality should be preferred over quantity. Even though the quantity is very large, it must be balanced with good quality. This paper aims to explain early marriage in terms of legal perspective and its relation to the deprivation of children's rights. With a qualitative approach, there are five reasons that the community legalizes early marriage, namely: the age limit of marriage (Law No. 1 of 1974), akil baliqh, sustenance, in order to reduce the family's economic burden and who is ideal to marry first. Early marriage also results in social problems, namely: divorce, weak family stability, gender discrimination, and parenting for children becomes less good. Everyone is allowed to marry in the hope that marriage takes place between men and women who are mature in terms of their age, thoughts, and actions. However, the problem that is very crucial nowadays in Indonesia is justifying early marriage, arguing that it has met the requirements in Law No. 1 of 1974 concerning Marriage. However, this should not be a benchmark that age is allowed to marry, but there must be many considerations in terms of maturity, maturity in thinking and acting. In order to avoid divorce especially at a young age. In fact, what happens in Indonesia, if the child is less than 16 years old, the religious court gives a dispensation for marriage due to reasons of pregnancy, religious faktors, economic faktors, and educational faktors. Even worse, there is a village in Indonesia that responds positively to underage marriage. There is an assumption that early marriage is a tradition that must be guarded because it is a heritage. There are many reasons that at the age of 20 it has not been legalized for marriage, which is one of them from the aspect of reproductive health. Then, for women they are very difficult to continue their education to a higher level because they have the responsibility to take care of their husbands.Kata kunci: Pernikahan Dini, Aspek Sosial dan Hukum, Hak Asasi Manusia, Anak
ANALISIS NORMATIF PENGATURAN PRINSIP-PRINSIP DEMOKRASI DALAM LEGISLASI PERATURAN DAERAH Anis Ibrahim
Widya Yuridika Vol 2, No 1 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (7254.972 KB) | DOI: 10.31328/wy.v2i1.946

Abstract

"> Since regional autonomy is broadly implemented, the existence of Perda (local regulation) isone of the central issues and becomes unending controversies, marked by many unaspirativePerda. “Certainly, the existence of the Perda are not separated from the rules that as the basefor the legislational process of the Perda. After being analyzed based on principles ofdemocracy, it can be concluded that various regulations on from which to base the formationof Perda, some have been based on the prniciples, some have not. Those that have been basedon the principles should be perfected in detail so that the legislational process of the perdaworks in the proper track of substantial democracy.
SEBUAH WACANA HAM TENTANG “HAK ATAS KEPEMILIKAN” Nalom Kurniawan
Widya Yuridika Vol 2, No 1 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3542.933 KB) | DOI: 10.31328/wy.v2i1.948

Abstract

Among vatious rights in the human rights discourse. The right of ownership is one of the rightswhich is interesting to discuss. It is because regulations of rights of ownership is not stated inthe derivation of the UDHCR (ICCPR/ICESCR) covenant. Moreover, various concepts andviews on the rights of ownership have different characteristics and uniqueness. Protection ofthe right of ownership may conflict with other rights (public interest).
ASPEK HUKUM PEMANFAATAN TEKNOLOGI INFORMASI DALAM PERSPEKTIF UU NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Go Lisanawati; Mufidatul Ma'sumah
Widya Yuridika Vol 2, No 1 (2019): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (6709.625 KB) | DOI: 10.31328/wy.v2i1.949

Abstract

The use of information technology (IT) at present plays an important role and at last may beara new society namely the users of IT as a part of information and communication technologysociety. On the one hand, the development may provide the users with unlimited information.On the other hand, the IT may also be misused for crimes. In this condition, law should be ableto serv some protection for their users.

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