Widya Yuridika最新文献

{"title":"Sistem Hukum Indonesia: Kekerasan Seksual Terhadap Anak Kandung Dan Sanksi Pidana","authors":"Sandra Moinkasari, Moh Muhibbin, Hanafi Arief","doi":"10.31328/wy.v6i3.4650","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4650","url":null,"abstract":"This study aimed to describe how the criminal law regulates sexual violence and to analyze how the penalties for perpetrators of sexual violence against biological children are regulated in Indonesian positive law. This study was conducted using normative legal research in the form of literature study using three types of legal material, namely primary legal materials, secondary legal materials, and tertiary legal materials, with qualitative descriptive research analysis. The result of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Law Code (KUHP), Human Rights Law No. 39 of 1999, Domestic Violence Elimination Act No. 23 of 2004. Also, specifically against children as victims is provided in Act No. 35 of 2014 concerning Amendments to Act No. 23 of 2002 on Child Protection. Other research findings indicated that the penalties for sexual violence against minors are set out in Article 285 of the Criminal Law Code (KUHP), which carries imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Articles is five years at the shortest and fifteen years at the longest, as well as a maximum fine of Rp5,000,000,000,00. If the offence is committed by parents, guardians, caregivers of children, educators, or educational staff, then the penalty shall be one third of the penalty referred to paragraph (1).","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Konflik Agraria: Sebuah Refleksi Hak Menguasai Negara Atas Tanah","authors":"Fifik Wiryani, Mokhammad Najih","doi":"10.31328/wy.v6i3.4850","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4850","url":null,"abstract":"The state's right to control land as a principle is often problematic in practice. The problem generally lies with the state which tends to use land only for economic and oligarchic interests. As a result, the right to control the state whose function is to prosper the people cannot be realized. This research will reveal and analyze the background of the causes of the agrarian conflict in the village of Tegalrejo, Malang Regency, and provide an overview in a reflection of the state's right to control land. This research uses normative juridical research with statutory, historical and case study approaches which in this case are agrarian conflicts. The results of the research show that the state's right to control over land sometimes becomes a tool for state legitimacy to carry out land grabs. The right to control the state, which essentially serves as a legal framework to protect the public, has not been able to fully function ideally and properly. There is no significant difference between the New Order regime and the Reform Government regime in the management of state control rights, because both have a mode of appropriation by granting status of land rights and compensation. This is similar to what happened in the agararia conflict in Tegalrejo Village, Malang Regency, where legal appropriation was formulated in the form of Cultivation Rights. Compensation that has not been resolved to date has also led to the creation of structural agrarian conflicts that have disrupted the socio-economic life of the surrounding community. In the future, it is necessary to think about the rejuvenation of the concept of the state's right to control so that state control over land is no longer hegemonic and can be on a par with the protection of citizens' rights to land.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Community Legal Compliance With Regulations For The Prevention And Handling of COVID-19","authors":"Aminuddin Kasim, Ketut Suarayasa, Adiesty Septhiany Syamsuddin","doi":"10.31328/wy.v6i3.4467","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4467","url":null,"abstract":"Legal compliance in the community is always an interesting issue to discuss. The research question in this study is how the compliance of the members of the Tadulako University academic community in response to the Decree of the Minister of Health of the Republic of Indonesia Number: HK.01.07/MENKES/413/2020 concerning Guidelines for the Prevention and Control of COVID-19 through the implementation of Tracing, Testing, and Treatment (3T Program)? To answer the research objectives, empirical legal research (socio-legal research) was conducted to support the depth of analysis. The analysis materials include data on the conditions and levels of health risks experienced by the academic community based on the available COVID-19 link records, data on the number and distribution of academic community members who have been infected with COVID-19, and data on the implementation of the 3T program sourced from Tadulako Hospital. Starting from the interpretation of the research data analysis, the findings revealed: (a) there are some members of the academic community who do not respond to filling in data regarding the condition and level of health risk on the available COVID-19 link; (b) members of the academic community who have had a history of contact with COVID-19 sufferers have not all complied with the rules for preventing and handling COVID-19 through the implementation of 3T; (c) members of the academic community who are declared positive for COVID-19 infection have relatively high legal compliance in supporting the implementation of treatment. Their legal compliance is categorized as identification according to Herbert C. Kelman’s theory.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"98 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pernyataan Pailit Pada Penyertaan Modal di Badan Usaha Milik Negara","authors":"Kezia Regina Widyaningtyas, Isis Ikhwansyah, Nyulistiowati Suryanti","doi":"10.31328/wy.v6i3.4462","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4462","url":null,"abstract":"State-Owned Enterprises (SOE) as a legal entity established and administered by the state obtained its establishment fund from state assets which are separated for BUMN. In conducting the activities to gain profit, of course, loans or legal relations are needed as supports to the business continuity. However, it is not uncommon for these legal relations causing debt. Bankruptcy institutions were formed with the aim to resolve debt matters in accordance with the principles of bankruptcy. In the practice, SOE is often being filed for bankruptcy. However, there are differences in opinions regarding SOE assets that cannot be confiscated, thus the bankruptcy filing is cancelled or rejected. This study aims to analyse the position of capital equity inclusion done by the state based on the relevant law and regulations, as well as to provide answers to the considerations of the judges in deciding the decree regarding SOE bankruptcy cases from time to time. This study implemented an analytical descriptive method and a normative juridical approach by examining the primary, secondary and tertiary legal materials. Based on the research and analysis conducted, it was found that there were several SOEs that were being filed for bankruptcy. However, in legal consideration, an inconsistency was found between the decrees of SOE bankruptcy as there was an assumption that the capital provided by the state for SOE could not be confiscated. The included capital has transformed from a public sphere to a private one which is related to the characteristics of the legal entity called separate legal entity.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"98 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perizinan Sempadan Sungai Terhadap Usaha Rumah Makan Terapung","authors":"Widya Dwi Erika Idham Khalik, Abrar Saleng, Abrar Saleng, Andi Syahwiah A.Sapiddin, Andi Syahwiah A.Sapiddin","doi":"10.31328/wy.v6i3.4609","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4609","url":null,"abstract":"This study aims to analyze the arrangements related to the utilization of the river riparian which is used as a restaurant business in the Tello Baru Sub-District, Makassar City and to analyze the form of government supervision of the implementation of river riparian utilization permits in the Tello Baru Sub-District, Makassar City. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach.The results of the study show that the utilization of river banks which are used as a restaurant business in Tello Baru Village, Makassar City is not in accordance with the Decree of the Minister of PUPR Number 1559/KPTS/M/2020 which states that river banks can only be used for certain activities and certain buildings, which include: Buildings natural resources infrastructure, bridge and wharf facilities, gas and drinking water pipelines, electrical and telecommunication cable stretches, other activities as long as they do not interfere with the function of the river, including activities to plant vegetables, and electricity buildings. So that the use of the Tello River opportunity for floating restaurant activities can be said to not realize orderly spatial planning. And then the form of government supervision of the implementation of river riparian utilization permits in Tello Baru Village, Makassar City is felt to be lacking, in this case the Pompengan Jeneberang River Basin Center (BBWS) as the vanguard of the Ministry of PUPR as the guardian of Law No. 17 of 2019 concerning Water Resources is considered to be still not active in monitoring the abuse of the Tello River border area resulting in violations of the use of the river border. as it is now. The Pompengan Jeneberang River Basin Center (BBWS) is considered to be lacking in coordination and cooperation with the City Government and Village Governments through which the Tello River passes.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disparitas Dan Kekosongan Hukum Pidana Atas Kecelakaan Konstruksi Dan Kegagalan Bangunan Dalam Jasa Konstruksi","authors":"Triono Eddy, Agustina Agustina, Sagita Purnomo","doi":"10.31328/wy.v6i3.4735","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4735","url":null,"abstract":"This study aims to comprehensively discuss legal sanctions for construction accidents and building failures in construction services law, as well as discuss in depth efforts to overcome disparities and criminal law vacancies for building failures in construction services law. This type of research is normative juridical with a descriptive-analytical approach, discusses existing legal symptoms and problems and tests them aware of laws and legal norms. The results of this study show that legal sanctions for construction accidents and building failures in the construction services law are divided into two, namely administrative sanctions (written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the blacklist, suspension of permits and/or revocation of permits) and civil sanctions (compensation), Meanwhile, criminal sanctions are regulated in laws outside construction services such as the Building Law and the Housing/Settlement Law, namely (imprisonment and fines). Efforts to overcome disparities and vacancies in criminal law for construction accidents and building failures are through codification or legal reconstruction, namely: rearranging criminal sanctions for building failure in the construction services law and establishing or combining several provisions of related laws in the field of construction, especially regulating building failures and construct accidents regulated in Law Number : 28 of 2002 concerning Building and Law Number : 1 of 2011 concerning Housing and Settlement Areas .","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"98 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pengadilan Tata Usaha Negara Dalam Memberikan Perlindungan Hukum Kepada Masyarakat","authors":"Abid Zamzami, Shohib Muslim","doi":"10.31328/wy.v6i3.4530","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4530","url":null,"abstract":"Indonesia is a rule of law country, which means that all government administration actions must be based on law. One of the elements of a rule of law according to Friedrich Julius Stahl is the existence of Administrative Justice (PTUN) as a means of control over government actions as well as a medium for society to seek justice if the government's actions suffer losses. The existence of the State Administrative Court is a form of legal protection for the public for all legal actions carried out by the government so that it is in line with the provisions stipulated in statutory regulations and prevents the public from being exposed to arbitrary actions carried out by the Government. The enactment of Law Number 30 of 2014 concerning Government Administration has expanded the authority of the State Administrative Court in examining administrative decisions. With this extension, it is not my decision that can be used as an object of dispute, but positive fictitious decisions can also be used as an object of dispute.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 s1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Regulation Model of Public Services Based on The Integrity Zone in The Religious Higher Education in Indonesia","authors":"Khoirul Hidayah, Muhammad In'am Esha, Shofil Fikri","doi":"10.31328/wy.v6i3.4499","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4499","url":null,"abstract":"Since 2020, Indonesian Ministry of Religious Affairs commits to build the integrity zone in all its work units. Universitas Islam Negeri Maulana Malik Ibrahim Malang has been pointed to be the pilot project of The Integrity Zone Establishment in 2020 under the Ministry of Religious Affairs’ supervision. The emerged problem is that there is no Minimum Service Standard (MSS) as the requirement of integrity zone made by rector. This is a juridical-empirical study by applying qualitative approach. The primary data were from interview and Focus Group Discussion with structural team and academic staff who are directly involved in services in the said university. The FGD results reveal that the MSS is made based on The Organization and Work Procedures of UIN Malang, and that it is related to services in Tri Dharma both academic and non-academic. The MSS of UIN Malang must refer to Permen PAN-RB No. 10 of 2019 on the amendment to Permen PAN-RB No. 52 of 2014 concerning The Guidelines to Establish an Integrity Zone towards a Corruption Free Area and a Clean and Serving Bureaucratic Area in a Government Institution. The service regulation is also made based on international standard ISO 37001: 2016 as an anti-bribery management system that is able to provide access for complaint on bribery. This article is expected to be the policy reference for services in the State Religious Higher Education in Indonesia which follows the service standard of the integrity zone and international standard so they can lessen the corruption and collusion in the serving process.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"98 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Case in Batam City: The Crime of Electronic Gaming in The Industrial Revolution 4.0 Era","authors":"Kristie Sugama Manurung, F. Yudhi Priyo Amboro, Rufinus H. Hutauruk","doi":"10.31328/wy.v6i3.4485","DOIUrl":"https://doi.org/10.31328/wy.v6i3.4485","url":null,"abstract":"Gambling presents several problems, including the possibility that some people will develop an addiction, an inability to stop gambling, and significant financial loss. Therefore, it is evident that gambling is detrimental to individuals and can harm society as a whole. It will also have the potential to reduce the community's economy. In the city of Batam, online gambling is commonplace and familiar. Online gambling has penetrated society from the upper classes to the lower classes. Several factors cause gambling, which is closely related to the factors that cause crime. The two main types of factors that can lead to criminal behaviour are those that come from outside the individual (external) and those that come from within the individual (internal), such as psychological, educational, and religious factors. Association and family environment. This type of research is Normative Juridical Research with a statute approach. Normative legal analysis is also known by another term, namely doctrinal legal research. This research shows that Indonesia's Law on Information and Electronic Transactions has not been fully effective. This is in line with the theory of Legal Effectiveness put forward by Soerjono Soekanto. Judging from the legal factors themselves, which are only limited by law, the government must pay more attention to aspects of legal certainty regarding gambling regulations so that they are by social values that view all forms of gambling as dangerous.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Change: Reviewing Indonesia's Compliance with the Paris Agreement on Commitments to Reduce Emissions","authors":"Riswandha Imawan","doi":"10.31328/wy.v6i3.5108","DOIUrl":"https://doi.org/10.31328/wy.v6i3.5108","url":null,"abstract":"Climate change is a threat to current and future generations. The main cause of climate change is the use of fossil fuels such as coal, oil and gas. Amidst the international community's concerns about climate change, the use of fossil fuels has increased, including in Indonesia. This research aims to analyse Indonesia's compliance with the 2015 Paris Agreement. Indonesia as a country that binds itself to the Paris Agreement has a commitment to reduce emissions in an effort to mitigate climate change. This research analysed using regime compliance theory. The research method used is juridical-normative. The results showed that Indonesia complies with the Paris Agreement regime because it fulfils three indicators in the regime compliance theory, namely output, outcome, and impact.","PeriodicalId":106813,"journal":{"name":"Widya Yuridika","volume":"99 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135391184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}