Vol 7 No 2 2024 Widya Yuridika: Jurnal Hukum by Widya Yuridika : Jurnal Hukum
Widya Yuridika: Jurnal Hukum , 2024
This research seeks to thoroughly investigate the deficiencies in the legal framework surrounding... more This research seeks to thoroughly investigate the deficiencies in the legal framework surrounding corporate criminal liability for the burning of plantation land and comprehensively discuss legal policies for handling land burning crimes that result in the destruction of forest ecosystems. This research is normative juridical in nature, utilizing a descriptive-analytical approach. It examines existing legal issues and symptoms, assessing them against established laws, regulations and legal norms. The findings of this article indicate that the enforcement of corporate criminal liability for plantation land burning remains significantly weak due to selective law enforcement process against corporations and the imperfection of formal legal arrangements regarding the mechanism of criminalizing corporations as perpetrators of crimes holistically. Legal policies in handling land burning crimes that result in the destruction of forest ecosystems are carried out through penal efforts (enforcing criminal provisions related to land burning in the Law on Environmental Protection and Management, the Forestry Law and the Plantation Law) and non-penal including education, increasing awareness and community participation, empowering information technology, compiling a framework to support transparency, accountability and corporate social responsibility to preserve the environment.
Widya Yuridika: Jurnal Hukum , 2024
This article reviews the implementation of the marriage traditions of the Dayak Tobag traditional... more This article reviews the implementation of the marriage traditions of the Dayak Tobag traditional community in Tayan Hilir District, Sanggau Regency from a socio-anthropological perspective which is still maintained today. The aim is to identify, describe and explain marriages in the Tobag Dayak sub-tribe from a socio- anthropological perspective in Tebang Benua Village, Tayan Hilir District using empirical legal research methods to see the types of traditional marriages carried out by the Tobag Dayak indigenous community. Indigenous peoples often have deep reasons for maintaining traditional marriages and rituals. Indigenous peoples tend to highly value their traditions and cultural heritage. Weddings and traditional rituals are an integral part of their cultural identity that has been passed down from generation to generation. Maintaining traditions is considered a way to honor ancestors and maintain the integrity of their culture. From the results of this research it can be revealed that there are 4 types of Tobag Dayak traditional marriage ceremonies, namely: hanging marriage customs, simple marriage customs, ordinary marriage customs, and large wedding customs.
Widya Yuridika: Jurnal Hukum , 2024
Teachers are an important aspect of education because the success of students depends on the teac... more Teachers are an important aspect of education because the success of students depends on the teacher's teaching. The welfare of honorary teachers in Indonesia is still a problem that must be resolved immediately. The low wages of honorary teachers in Indonesia cause many honorary teachers to take part-time jobs to meet economic needs. This research aims to seek legal protection for honorary teachers' wage rights, with the hope that honorary teachers have clear and definite legal protection so that honorary teachers can get wage rights commensurate with their hard work. This research uses normative legal methods. The results of this research show that there are still many cases of honorary teachers who are willing to work elsewhere to meet economic needs, some are even determined to sell illegal goods because of the low wages of honorary teachers. The absence of legal certainty governing salary schemes for honorary teachers is one of the causes of low wages for honorary teachers and also the absence of regulations that regulate honorary teachers.
Widya Yuridika: Jurnal Hukum , 2024
Smart contracts in blockchain systems are widely used as automated agreements that can expedite t... more Smart contracts in blockchain systems are widely used as automated agreements that can expedite the execution of a contract. Based on the characteristics of smart contracts analyzed through agreements in the Indonesian Civil Code (BW), it can be concluded that smart contracts can be legally used in contractual legal activities in Indonesia. This is because smart contracts meet the requirements outlined in the BW as guidelines for contract formation, particularly concerning the validity of contracts. Using a normative method, which employs literature as legal material for this writing, the result shows that the validity of smart contracts in blockchain, based on Indonesian contract law, aligns with the contract law that fulfills the requirements of Article 1320 BW. Smart contracts can also be classified as standard agreements where the parties agree based on an existing and mutually agreed-upon contract. Until now, there are no specific regulations regarding smart contracts in Indonesia, even though smart contracts are already widely used in the country.
Widya Yuridika: Jurnal Hukum , 2024
This article examines the manifestation of trademarks as collateral to enhance the capacity of Mi... more This article examines the manifestation of trademarks as collateral to enhance the capacity of Micro, Small, and Medium-sized Enterprises (MSMEs) in Indonesia. The study employs a normative research approach, drawing upon legal sources derived from legislation, relevant legal theories, and concepts. Data is analyzed using a qualitative juridical method and deductive reasoning. The research findings suggest that trademarks should be eligible as collateral since they meet the criteria of intangible movable property that can contribute to the growth and development of SMEs in Indonesia. However, the practical application of trademarks as collateral is hindered by existing regulations and the absence of a specialized intellectual property asset appraisal institution. Such measures are crucial in fostering MSMEs and, ultimately, improving the welfare of the Indonesian society.
Widya Yuridika: Jurnal Hukum , 2024
Traffic accidents are a disturbing problem for road users, can cause material and immaterial loss... more Traffic accidents are a disturbing problem for road users, can cause material and immaterial losses, and are one of the criminal cases that can be resolved through mediation. Penal mediation is a way of handling criminal case disputes involving victims and perpetrators, as well as third parties, namely mediators, without eliminating the principles of restorative justice. The research objective in this article is to examine how mediators are classified based on their role in post-accident criminal mediation mechanisms and examine the juridical basis for implementing criminal mediation in handling traffic disputes. This article uses a juridical-normative research method with a statutory and conceptual approach. The results of this study are, first, that the principle of restorative justice contained in penal mediation has been carried out by the police using the right of discretion contained in the Letter of the Chief of Police Number Pol: B/3022/XII/2009/SDEOPS dated 12/14/2009 concerning handling cases through alternative dispute resolution (ADR). Second, there is no explicit regulation governing penal mediation, but implicitly it has been regulated in Article 1, Number 7, of Law No. 11 of 2012 concerning Juvenile Justice, which is better known as diversion.
Widya Yuridika: Jurnal Hukum , 2024
The movement of people across countries has both positive and negative impacts on society. Global... more The movement of people across countries has both positive and negative impacts on society. Globalization has changed the way humans move massively and quickly. Indonesia, as a country with a strategic geographical position between two continents and two oceans, plays a role as a center of human crossing. Indonesia's vast sea area is an important potential to be developed, and President Joko Widodo initiated the World Maritime Axis policy to drive the economy in the sea area. Government agencies in the sea area are part of the ecosystem that supports policies in the sea area. Policies related to law enforcement in the sea area continue to develop along with the expansion of activities at the border. Immigration has a strategic role because it regulates traffic at the state border, maintains state sovereignty, and supports the implementation of sea area policies. This research aims to evaluate the strategic role of immigration by applying a progressive legal theory approach and using normative legal research methods. Progressive law returns the law to its substantial purpose, so that legal changes should not eliminate the substance. This research aims to answer the challenges of the times by adapting the law in accordance with the purpose of the law. In the context of international law of the sea (UNCLOS 1982), this research looks at the strategic role of immigration in law enforcement in the sea area, including the territorial sea zone and additional sea zone. The cooperation of law enforcement agencies in the maritime area is key to maintaining state sovereignty and security at the border. This research contributes to the understanding of the strategic role of immigration in supporting Indonesia's territorial sea policy.
Widya Yuridika: Jurnal Hukum , 2024
This article is entitled "Examination of the Recall Rights of Political Parties Against Legislati... more This article is entitled "Examination of the Recall Rights of Political Parties Against Legislative Members in the Perspective of a Democratic Rule of Law (Case Study of Regional People's Representative Assembly in Central Sulawesi)", where the author will analyze the right of recall or a right that political parties have to temporarily dismiss legislative members at the suggestion of a political party which supports it concerning the principles of a democratic rule of law. The legal issue raised in this writing is "Is the Right to Recall Political Parties Against Legislative Members Compliant with the Principles of a Democratic Rule of Law? ". This article uses normative juridical and empirical juridical research methods by analyzing the rights contained in the Constitution of the Republic of Indonesia and their relationship to Law Number 17 of 2014 concerning the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, and the Representative Council Regional People, especially those related to the temporary dismissal of legislative members proposed by political parties, in this case is contained in Article 239 paragraph (2) letter "d". In this article, the recall rights of political parties follow the principles of the rule of law. Recalls are needed to monitor political parties over their members who have served as members of the legislature. However, its application still requires clarity regarding matters that result in the recall of a legislative member by his political party.
Widya Yuridika: Jurnal Hukum, 2024
This study aims to analyze the constitutional interpretation method used by constitutional judges... more This study aims to analyze the constitutional interpretation method used by constitutional judges in judicial review the presidential threshold as an open legal policy for 2017-2022 and to offer an ius constituendum to use the open legal policy by the Constitutional Court in the future. The type of research used is normative legal research, namely research conducted by examining legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials using a case approach and a conceptual approach. The data collection technique used in this research is using a literature study and the data will be analyzed using the descriptive analysis method. The research found that the Constitutional Court in judicial review the presidential threshold from 2017 to 2022 all used structural , thus interpreting the presidential threshold norm and its touchstone as an open legal policy. But unfortunately, the interpretation made by the constitutional judge is incorrect and has changed the original meaning of the formation of Article 6A paragraph (2) of the NRI Constitution of 1945. The original intent of the establishment of Article 6A paragraph (2) of the NRI Constitution of 1945 was to place political parties or a combination of political parties as a path to propose candidates for President and Vice President because the framers of the amendment did not want an independent candidate. Therefore, the interpretation of constitutional judges declaring the presidential threshold and Article 6A paragraph (2) of the NRI Constitution of 1945 as open legal policy is wrong because the article is clear. In the future, constitutional judges can divide open legal policy into two forms, namely absolute and relative, both of which can be reviewing, and constitutional judges can expand the touchstone of the Basic Law which not only includes article norms but also includes the Preamble in which Pancasila and cancels the formulation of presidential threshold norms to 0% in order to provide justice to justice seekers.
Widya Yuridika: Jurnal Hukum , 2024
The Central Government makes full use of the resources assigned to the region in order to support... more The Central Government makes full use of the resources assigned to the region in order to support the realization of regional autonomy, the effectiveness of the national economy, and the application of the principles of good governance, transparency, and accountability. The government increases professionalism, transparency, and responsibility in its administration as a manifestation of regional financial management. There is no denying that managing a nation and its government takes a lot of resources. How to handle regulations and issues pertaining to financial management in Central Sulawesi Province is the issue. The examination of statutory and doctrinal literature was prioritized in this research, which was undertaken utilizing normative legal research and analysis techniques. Deciding on policies while making use of legislative documents, contextual methods, and case approaches, as well as the broad concepts of the philosophy of power and government action. The community, as well as managers, supervisors, and regulators, work together to supervise regional financial management. The conclusion is that in order to achieve good governance and the involvement of local governments and people in achieving regional development goals, regional financial management strategies must incorporate openness and accountability.
Widya Yuridika: Jurnal Hukum , 2024
The existence of the Uitvoerbaar bij Voorraad verdict as a judge's decision that can be implement... more The existence of the Uitvoerbaar bij Voorraad verdict as a judge's decision that can be implemented in advance even though it is not yet inkracht can potentially cause greater legal problems in the future. The potential for considerable risk exists for the object of the dispute given that there is still a possibility that the Judge's decision in the Court of First Instance can be overturned by a Judge at a higher level. Based on these conditions, the focus of the writing is related to how it is necessary to study the rationalization of judges in granting UBV decisions in civil disputes in court and what are the legal consequences of UBV decisions that are overturned by the High Court. The purpose of this paper is to analyse the rationalisation of the judge in granting the ubv verdict, as well as to analyse the legal consequences of the ubv verdict that was annulled by the high court and to examine the liability aspects of the negligence of granting the ubv verdict. This research is a normative juridical research with a statutory approach and concept approach. The statutory approach is carried out by examining the philosophical content and rules related to the ubv verdict mechanism and whether these rules are consistent and mutually compatible with each other. The perspective of the concept approach departs from the legal concepts behind a certain arrangement, in this case related to the ubv verdict. This approach is important because an understanding of the views developed in legal science can be a foothold for building legal arguments when resolving the legal issues at hand. Based on the results of the analysis, it can be concluded that the rationalisation of judges in making ubv decisions has been explicitly regulated, however, it is necessary to be very careful because it risks creating new problems. Judges must act according to the law but also involve conviction and conscience. The judge's decision, apart from being based on the rule of law and existing facts, also needs to consider the belief in truth and justice so that he carries out his function not only looking at the intellectualist rational aspects but also the religious irrational. If the UBV decision is eventually overturned by the Court of Appeal, its execution becomes null and void. So that a form of Judge accountability is needed as a limitation of the granting of the UBV decision.
Widya Yuridika: Jurnal Hukum , 2024
This research aims to analyze the regulation of the use of the customary land of the Bunggu Tribe... more This research aims to analyze the regulation of the use of the customary land of the Bunggu Tribe Customary Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province and to analyze the role of the Regional Government of Pasangkayu Regency in terms of recognizing and protecting the customary land of the Bunggu Tribe Customary Law Community. This research is an empirical type of research, the location of this research was carried out in Pakawa Village, Pasangkayu Regency, West Sulawesi Province. The results of the research show that the regulation of the use of the customary land of the Bunggu Tribe Customary Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province, is still being regulated using customary mechanisms, meaning that every person who owns or will manage land must have the knowledge of the traditional stakeholders. And the role of the Regional Government of Pasangkayu Regency in terms of recognizing and protecting the customary land of the Bunggu Tribe Traditional Law Community in Pakawa Village, Pasangkayu Regency, West Sulawesi Province, is only limited to recognizing the existence of the Bunggu Tribe culturally and customarily, not yet providing legal or regulatory recognition through Regional Regulations ( Regional Regulation).
Widya Yuridika: Jurnal Hukum , 2024
The authority to review laws by the Constitutional Court is manifested in 2 (two) forms, namely m... more The authority to review laws by the Constitutional Court is manifested in 2 (two) forms, namely material testing and formal testing. However, since the existence of the Constitutional Court, only 1 (one) application has been granted by the Constitutional Court, namely a request for a formal review of the Job Creation Law. Even then, it was only partially granted. The existence of this fact certainly shows that the role of the Constitutional Court has not been optimal. Therefore, this research aims to outline the prescription of the need to optimize the role of the Constitutional Court in the formal review of laws. This research uses normative (legal) research typology. The results of this study conclude: First, the role of the Constitutional Court in the formal review of laws can still be said to be not optimal because the Constitutional Court itself is still very limited in canceling laws, as evidenced in Decision Number 91 / PUU-XVIII / 2020, the Constitutional Court tends to compromise with the language of conditional unconstitutional decisions in deciding applications for formal testing of the Job Creation Law. Second, the countries of Colombia and Indonesia show that the practice of formal testing of the Law by the Constitutional Court is something that needs to be done if there is a violation of the formation procedure by the legislator, it is just that the Colombian Constitutional Court in conducting formal testing takes a more progressive step, this is indicated by the quality and quantity of handling of formal test cases decided, on the other hand in Indonesia, the Constitutional Court seems to take a position that tends to be very limited in conducting formal testing, it even looks unfamiliar to do so, besides that the 1945 Constitution also does not provide rigid arrangements regarding the basis for formal testing of laws by the Constitutional Court.
Widya Yuridika: Jurnal Hukum , 2024
Normative provisions based on Chapter IV, Part Two of Employment, Article 25 Paragraph 3 of Law N... more Normative provisions based on Chapter IV, Part Two of Employment, Article 25 Paragraph 3 of Law No. 6 of 2023 Concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation to become a Law that stipulates that annual leave is given at least 12 (twelve) working days after workers or laborers have worked for 12 (twelve) months continuously. The gap in das sein is that the provisions of Chapter IV, Part Two, of Employment Article 25, Paragraph 3, of Law No. 6th, 2023, apply to workers in the company. Researchers observe that there is a gap between das sein and dass sollen. The formulation of the problem is: what are the normative rights of workers, and what are the sanctions for companies that do not provide workers' normative rights. The type of research used by researchers in this study is empirical-juridical. The research approach used is empirical-juridical, which is closely related to the case approach. The source of legal material uses primary data, namely interviews and observations conducted by researchers by visiting the research site directly. Secondary data uses primary legal materials, namely applicable laws and regulations, secondary legal materials, namely books, journals, and relevant previous research results, as well as tertiary legal materials in the form of websites. Data collection techniques using in-depth interviews and observation All primary and secondary data in this study were collected and analyzed qualitatively. Conclusions are drawn deductively. The result of his research is that the normative right to annual leave has not been implemented by the company. The conclusion is that the normative rights received by workers who are bound by PKWT at a Mining Contractor Services Company consist of economic rights, political rights, medical rights, and social rights. Sanctions for companies can be punishable by imprisonment for a minimum of 1 (one) month and a maximum of 12 (twelve) months and/or a fine of a minimum of Rp. 10,000,000.00 (ten million rupiah) and a maximum of Rp. 100,000,000.00 (one hundred million rupiah) in accordance with Chapter IV, Part Two of Employment, Article 68, Paragraph 1, of Law No. 6th, 2023, concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation to become Law.
Widya Yuridika: Jurnal Hukum , 2024
Cases of sexual violence in Indonesia from year to year are increasing. The government also respo... more Cases of sexual violence in Indonesia from year to year are increasing. The government also responded by passing the Law on Sexual Violence in 2022. It aims to ensure protection for Indonesian society, especially women and children, from the threat of sexual violence. But, there is a rule of jurisprudence whose essence is that the policies of the leader must cause benefit to his people. Therefore, this study aims to describe the purpose of establishing and ratifying the Sexual Violence Law and to analyze the benefits of the leader's policy in the passage of the Sexual Violence Law. The research method is descriptive normative by conducting literature studies from the main sources of the Academic Manuscript of the Law on the Crime of Sexual Violence. The results and discussion of this study state that the main content of the formation and ratification of this law is an effort to update a comprehensive legal umbrella that realize protection for society in general and victims of sexual violence in particular. When viewed from the rules of jurisprudence that theoretically the ratification of this law has implemented the policy of a good leader, namely based on the content of the articles in it although rudimentary. However, it practically cannot be categorized as a policy of a good leader because this law has just been passed and has not been implemented in society as a whole and only partially.
Widya Yuridika: Jurnal Hukum , 2024
That regarding the transfer of rights to Individual Company shares belonging to deceased sharehol... more That regarding the transfer of rights to Individual Company shares belonging to deceased shareholders has not been clearly regulated in statutory regulations so that there is a legal vacuum that requires research regarding the legal consequences that arise in order to subsequently produce legal considerations that can be applied by the relevant parties in this case. There was a transfer of rights to Individual Company shares as a result of inheritance using normative juridical research methods and statutory, conceptual and comparative approaches. That Individual Company shares are an object of inheritance that can be transferred to individuals who are 17 years old and legally competent. The transfer of rights to shares in Individual Company due to inheritance then gives rise to legal consequences in the form of changes to company data and the status of PT Perorangan as a legal entity.
Widya Yuridika: Jurnal Hukum, 2024
This study aims to analyze the implementation of cyber notary services in Makassar City and to an... more This study aims to analyze the implementation of cyber notary services in Makassar City and to analyze the inhibiting factors for implementing cyber notary services in making deed in Makassar City. This research is an empirical research type, the location of this research was conducted in Makassar City, South Sulawesi Province. The results of the study show that the application of cyber notary services to date has not had a notary in Makassar City who has made a notary deed using the cyber notary system because a notary does not have the authority granted by law to make it. The authority granted by UUJN is limited to the authority to certify transaction activities between notaries and appearers, including data collection. But not for the Notary's authority as a whole, namely the preparation of authentic deeds or the making of authentic deeds. The existence of legal implications for the delay in implementing cyber notary services is due to the ambiguity of norms (inconsistency) regarding Article 16 paragraph (1) letter m UUJNP 2014 with Article 15 paragraph (3) UUJNP 2014 which has implications for the implementation of a notary's authority such as the application of cyber notary in making deed authentic. Including the existence of several existing laws, namely: Article 1 paragraph (7) UUJN; Article 16 paragraph (1) letter m UUJN; Article 1868 Civil Code; and Article 5 paragraph (4) of the ITE Law which has legal implications for delays in the implementation of cyber notary services. So that if a notary insists on making an authentic deed in a cyber notary way, it will result in the degradation of the authentic deed into an underhanded deed.
Widya Yuridika: Jurnal Hukum, 2024
Community involvement and participation are very important in the drafting of regional regulation... more Community involvement and participation are very important in the drafting of regional regulations. If involvement and participation are neglected, the consequences will have an impact on the formal legitimacy of the regional regulations. The legalized of Malang City Regional Regulation Number 6 of 2022 on the Spatial Planning for the City of Malang for 2022-2042 in its development raises a big question, has the community been involved? Even if the community is involved, to what extent has this involvement been carried out? Does it meet reasonable eligibility criteria? The purpose of this study is to find out and analyse the application of meaningful participation in the establishment of Malang City Regional Regulation Number 6 of 2022 on Spatial Planning for Malang City for the 2022-2042 period. The research method used by the author is empirical legal research by conducting direct interviews with the Chairperson Regional Representative Council of the Malang City and Deputy Mayor of Malang in the Field of Economics and Development. The stages of preparing the Malang City Regional Regulation Number 6 of 2022 on Spatial Planning for the City of Malang for 2022-2042 include the stages of planning, preparation, discussion, evaluation, determination and publication. The implementation of meaningful participation in the formation of the Malang City Regional Regulation Number 6 of 2022 on the Malang City Spatial Plan for 2022-2042 was not carried out properly because the documents for forming the a quo Regional Regulation were prepared by the Malang City DPRD and the City Government.
Widya Yuridika: Jurnal Hukum, 2024
This writing aims to examine the existence of Regional Head Regulations according to the hierarch... more This writing aims to examine the existence of Regional Head Regulations according to the hierarchy of laws and regulations in Indonesia and to find out how the force of law binds the material content of Regional Head Regulations which were formed without a legal basis. The research method used in this writing is normative legal research using a statutory approach. The results of the study show that regional head regulations are delegated legislation whose existence can only be recognized if ordered by higher laws and regulations and based on authority so that the contents of regional head regulations cannot conflict with the main regulations and/or regulations above them. The contents of the Regional Head Regulations that have been promulgated in regional news have binding legal force in general and must be obeyed by the public. Content material for Regional Head Regulations whose formation is not in accordance with statutory regulations may be subject to judicial review to the Supreme Court.
Vol 7 No 1 2024 Widya Yuridika: Jurnal Hukum by Widya Yuridika : Jurnal Hukum
Widya Yuridika: Jurnal Hukum , 2024
Banking institutions play a crucial role in facilitating access to additional capital for busines... more Banking institutions play a crucial role in facilitating access to additional capital for businesses. As creditors, banks provide credit loans, and borrowers must fulfill certain conditions set by the bank to secure the loan. However, the transfer of claim rights through auctions, specifically for billing rights in the form of receivables, presents potential challenges. After the auction, the debtor becomes connected to the auction buyer as the new creditor, which may lead to irregularities in credit payments and potential losses for the bank. This research focuses on addressing the issues surrounding the execution of credit auctions and the subsequent management of non-performing loans. By examining different types of auctions, including execution auctions, district court execution auctions, and voluntary non-execution auctions, we aim to identify potential problems and devise effective strategies for credit recovery. Our findings will provide valuable insights for banks to mitigate risks, restore credit performance, and optimize loan recovery processes.
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Vol 7 No 2 2024 Widya Yuridika: Jurnal Hukum by Widya Yuridika : Jurnal Hukum
Vol 7 No 1 2024 Widya Yuridika: Jurnal Hukum by Widya Yuridika : Jurnal Hukum