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YURISDIKSI : Jurnal Wacana Hukum dan Sains
Published by Universitas Merdeka Surabaya
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
Health Professions Law, Crime, Criminology & Criminal Justice
The scope of the articles published in YURISDIKSI Jurnal Wacana Hukum dan Sains deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Medical Law, Law and Economic, Sociology of Law and another section related contemporary issues in Law. YURISDIKSI Jurnal Wacana Hukum dan Sains is an open access journal which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 6 Documents
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Search results for , issue "Vol. 10 No. 1 (2017): September" : 6 Documents clear
Legal Supervision And Enforcement In Environmental Law Under The Law Number 32 Year 2009 On Environmental And Protection Management Hery Agus Susanto; Daniel Susilo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 10 No. 1 (2017): September
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

With Law supervision and enforcement in Environmental Law, elements of the environment can be resolved, including elements of conservation, social culture and physical. Element of conservation (biotic) is element of the environment that consists of a living creature, such as a human, animals, plants and microorganisms. Social and Cultural Element is a social-cultural environment created by human beings which is a system of values, ideas and beliefs in behavior as social beings. Physical Elements (abiotic) consists of non-living objects including soil, water, air, climate and other elements. The three elements must be maintained and preserved from environmental damage and pollution. Government is responsible for the welfare of his people and has a fundamental responsibility in realizing the formation of environmental conservation. Protection and Management of law includes Planning, Utilization, Maintenance Controlling, Monitoring and Law Enforcement.
Rehabilitation For Addicts For Victims To Spike Narcotics In The Penal System Priambodo Adi Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 10 No. 1 (2017): September
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Ratio decidendi in the decision for the rehabilitation of drug addicts is the judge considering the health condition of drug addicts in the decision making. The health condition of drug addicts known by requesting information from the doctors associated with the disease and how to handle. In addition to the health of drug addicts, the ratio decidendi in the decision on rehabilitation is to meet the criteria that addicts are victims, the abuse of drugs for themselves, not dealers, and personal possession of drugs. Ius constituendum as criminal law aspired are calls for legal protection to drug addicts. Legal protection is realized by way of clarifying the characteristics of drug addicts as victims that distinguishes between addicts with dealers, as well as clarify the ownership category. Legal protection is also realized by providing a sufficient rehabilitation in human resources, facilities and systems. Recommendations from the results of this study are setting penalties for abusers of drugs should be revised and lead to aspects of treatment for drug addicts, which is realized with the rehabilitation of drug addicts as an attempt depenalitation. This is consistent with the concept of self-victimizing victims. BNN, Ministry of Health, IPWL and communities should participate actively in the implementation of rehabilitation by building institutions of rehabilitation.
Authority of Land Procurement Committee In The Implementation of Compensation For Land Acquisition M. Roesli; Asep Heri; Siti Rahayu
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 10 No. 1 (2017): September
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The enactment of the Basic Agrarian Law in Indonesia creates dualism in land law that is sourced from customary law and on western law. The Basic Agrarian Law ends the dualism and creates the unification of our national land law. In the consideration of the Basic Agrarian Law it is stated that the need for a national agrarian law, based on customary law on land. In addition, article 5 of Basic Agrarian Law states that national land law is customary law; it indicates a functional relationship between customary law and national land law. In the development of national land law, customary law serves as a primary source in taking the necessary materials. Related to positive national law of land, customary law norms serve as complementary laws. In solving the problem, the author uses a sociological juridical problem approach to describe and analyze problems based on legal provisions and legal facts prevailing in the wider community. The results is then classified and material that can be used as to solve problems is determined .
Bank Indonesia Policy In Critical Settlement of National Banking Surti Yustianti; Syamsul Komar
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 10 No. 1 (2017): September
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This study aims to determine responsibility for the measures taken by Bank Indonesia in accordance with its authority and position assigned to Bank Indonesia officials. Policy made by Bank Indonesia can be right or wrong with the principles of prudence and in good faith. Bank Indonesia officials have authority related to their positions. If there is an element of bad faith and lack of prudence in their authority that results in financial losses of the state, these policies can be categorized as a crime in the banking sector. If a Bank Indonesia official made a mistake in implementing the policy, he holds authority and personal responsibility.
Confiscation of Corruptor Assets Based UU 8 Year 2010 about Prevention and Eradication Of Money Laundering In National Criminal Law System Rihantoro Bayuaji; M. Hidayat
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 10 No. 1 (2017): September
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Confiscation of corruptor assets cannot be performed arbitrarily. It must adhere to the spirit of the TPPU Law, which means that law enforcement officers in seizing assets of the offender is still obliged to refer to the philosophy of TPPU Law to track the wealth of crimes. It means the Confiscation of assets using legal instruments of TPPU law shall be proven in predicate crime. Related to principle of justice, corruption case happened to Irjend. Pol. Djoko Susilo is one example whose assets were deprived under the pretext of using the TPPU Law as a basis for confiscation which ultimately deprived. However, it turned out that in the law enforcement process, some of his assets could not be proven to obtained from a crime or not. Obviously law enforcement clearly crashed human values, and Human Rights (HAM), which in fact the whole values are part of the value of justice, especially the dignified justice that is part of the Pancasila philosophy. In the future, law enforcement obliged to respect human rights.
Corporate Accountability In Crime of Licensing By Law Number 10 of 1998 On Banking Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 10 No. 1 (2017): September
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Corporate development as development actors increasingly play an important role in people's lives. Therefore doubts in the past to place the corporation as a subject of criminal law to commit criminal acts and accountable in criminal law, has now shifted. The doctrine of non potest delinquere university (the corporation may commit a criminal offense) began to be abandoned by accepting corporate responsibility as a maker of criminal offenses in addition to the natural man. Determination of corporate responsibility as a maker of criminal offenses in the criminal law seems to have become demands of the times who could not be ignored to improve the state's responsibility to manage our increasingly complex society, as it appears in the manuscript draft Penal Code which have reached the stage of receiving and formulating the corporation as subject follow criminal and criminally responsible. Polemics appear along espoused corporate responsibility in criminal law. For that planning must include planning and enforcement aimed at providing legal protection for people against lawlessness and crime. Also keep in mind that the development of society and modernization brings great influence in the makeup of the community was included in the law. This research use method approach of law (statute approach) and the conceptual approach (conceptual approach).Approach legislation (statute approach) that solve the solution of the question by relying on the provisions of the legislation and regulations relevant conceptual approach (conceptual approach) that solves the answers to the formulation of the problem posed by referring to the concept of legal principles relevant.

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