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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains
Muhammad Ihza Prayogo
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Health Professions Law, Crime, Criminology & Criminal Justice

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Preparation of Law Creating Work Based On Law No. 12 of 2011 Muhammad Ihza Prayogo; Evi Retno Wulan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i2.237

Abstract

The formation of Indonesia laws is stipulated by the 1945 Constitution regarding Article 96 of Law No. 12 of 2011, which emphasizes the importance of public participation in every stage of lawmaking. However, in reality, the process of forming laws and regulations, such as in the case of the Job Creation Law, does not involve maximum public participation. This has led to the emergence of dissatisfaction among the public with the resulting omnibus law concept. To achieve the goals of democracy and social justice, the government needs to improve the participation mechanism by opening up space for public input. This process must be conducted transparently from the planning stage to enactment so that the public feels involved and heard. Without active participation from the public, legal products could potentially be unaccepted and deemed illegitimate. Therefore, efforts to implement omnibus law as a solution to simplify regulations must be accompanied by concrete steps to involve the community. Otherwise, the ideals of legal reform will be difficult to achieve.
The Validity of A Will Made Before A Notary Without The Knowledge of The Heirs of The Will Muhammad Ihza Prayogo; Soemali
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.263

Abstract

Making a will is very useful because it provides clarity on the property left by the owner when he dies. There is a case in the Supreme Court Decision Number: 3658 K/PDT/2022, where the Plaintiff as a Sinshe claimed to have received a will from a patient who had died, while the heirs of the patient were completely unaware of the making of the Will. Based on this, this study analyzes the recipient of the will whose position is as a sinshe or medical expert in receiving a will from the patient he treated, and analyzes and explains the validity of the will deed made before a notary without the knowledge of the heirs of the testator in the Supreme Court jurisprudence Number: 3658 K/PDT/2022. This type of research is normative legal research, with a statutory approach, a conceptual approach, and a case approach. That in accordance with the provisions of Article 906 of the Civil Code, the recipient of the will whose position is as a sinshe or medical expert is not allowed to receive a will from the patient he treated. The validity of a will made before a notary without the knowledge of the heirs of the testator is null and void and has no binding legal force.
Co-Authors Evi Retno Wulan Soemali