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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Mohammad Roesli
Faculty of Law, Merdeka University Surabaya, Indonesia
Health Professions Law, Crime, Criminology & Criminal Justice

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Juridical Analysis Comparison of Electronic Civil Code The Role of the Land Frans Thiodoris; Mohammad Roesli; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.137

Abstract

The purpose of this research is a comparative juridical analysis of buying and selling electronic commerce with the Civil Code. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Research results For people to buy goods online to be more careful so that there is no fraud or deception that occurs in online buying and selling transactions. holding a registration of all activities related to the public interest in electronic traffic, including the registration of electronic businesses in the form of virtual shops or other virtual services and the obligation to register a buyer in a payment system operating company so that the transaction process can run smoothly and not neither party feels disadvantaged. For parties who do not carry out their responsibilities in accordance with the mutually agreed upon agreement, the aggrieved party may be sued civilly to obtain compensation payments as stated in Article 12 of the ITE Law.
Juridical Review of Cancellation of Notary Deed Mohammad Roesli; Dyah Ayu Septi Arinningtyas; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i3.148

Abstract

The purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the factors that cause the notary deed to be canceled, namely when the notary is proven to have committed a violation such as an unlawful act, for example in the making of a deed there is an element of coercion from the notary for one party to sign the deed, not reading the deed before the parties and other deed-making formal requirements are violated. by a notary. If it is proven, the notary must provide compensation to interested parties or who feel aggrieved for the deed made by the notary and the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, the notary is not responsible or cannot be charged for the cancellation of the deed. But if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. Criminal sanctions are not regulated in the Notary Position Act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the Criminal Code. While civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. Compensation that can be borne by a notary in the form of material compensation or real and immaterial compensation or no compensation.
Transfer of Agricultural Land Function in relation to Spatial Law on Yusuf Efendi; Mohammad Roesli; Asep Heri
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.139

Abstract

The purpose of this study is to analyze the legal procedures for permitting land use change in the perspective of administrative law. space, in terms of reviewing positive law and the strength of the influence of laws and regulations, reviewing positive law in terms of legal effectiveness. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. Agricultural land products have received protection in accordance with the ratification of Law no. 41 of 2009 and this is also reinforced by Presidential Regulation No. 59 of 2019 concerning controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally intelligent. but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration.
Juridical Review of the Civil Dispute Peace Deed Made Before Notary Aliffianti Putri Irfani; Mohammad Roesli; Ebit Rudianto
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 1 (2023): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i1.149

Abstract

The purpose of this study was to determine the legal position of a civil dispute settlement agreement and to determine the role of a notary based on position in making a civil dispute settlement agreement. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the research The legal position of the Peace Deed made before a notary is an authentic deed, which has legal force that can be used as the strongest and most complete evidence. This peace deed guarantees the rights and obligations of the parties for the sake of certainty, order, and legal protection for interested parties in the civil dispute settlement process. Therefore, the peace deed is written evidence, the strongest and most complete and can make a real contribution to dispute resolution quickly and cheaply. The peace deed made before a notary has a legal standing against the court's decision as a complete means of proof and the authority of the notary in making a peace deed as his position as a public official authorized to make authentic deeds, the notary is also authorized to be a mediator as regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary (hereinafter referred to as the Notary Law) according to the Notary Law a notary may not.
Juridical Reviewlegal Protection of Employees Subject To Termination Kiko Chandra Dwiwardana; Mohammad Roesli; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.199

Abstract

The purpose of this research is to find out the legal arrangements for termination of employment (PHK) according to Law no. 11 of 2020 Concerning Job Creation. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. As a result, a worker is given protection or a job loss guarantee in accordance with Article 28D paragraph (1) of the 1945 Constitution. This job loss guarantee is also regulated in the Regulation of the Minister of Manpower of the Republic of Indonesia number 15 of 2021 where it states that Job Loss Benefit is social security given to workers who experience layoffs in the form of cash benefits, access to job market information, and job training. The protection given to workers aims to achieve the rights that workers will receive. And this can be a reference for workers if one day they lose their jobs. And the reason why workers are given protection is to minimize the unemployment rate that occurs in Indonesia. If a company/employer wants to terminate their employment relationship with workers, the impact on the company is that the company must provide severance pay, compensation for years of service, and compensation for rights to workers in accordance with applicable laws and regulations.
Co-Authors Adies Kadir Aliffianti Putri Irfani Asep Heri Bastianto Nugroho Dyah Ayu Septi Arinningtyas Ebit Rudianto Frans Thiodoris Kiko Chandra Dwiwardana Yusuf Efendi