YURISDIKSI : Jurnal Wacana Hukum dan Sains
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.
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<![CDATA[Juridical Implication of Falsification of Signature in Minutes of Deed of Notary Position (Study of the Supreme Court's Decision Number 1234 K / Pid / 2012) ]]>
<![CDATA[Reza Ardiyanto,S.H]]>;
<![CDATA[Moh Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Problems in this study, first: how is the juridical implications forged the signatures on the minutes of the deed of the Notary on the Supreme Court judgment No. 1234 k / PID / 2012? Second, how is the legal effect of the Minuta Deed falsified by a notary? This study is normative, normative legal research. The study concluded, first: implications for the post of notary can be categorized into four (4) aspects namely,i) the implications of the engagement deed, ii) Aspects of the administrative office; iii) Professional Aspects of the Membership; vi), the criminal aspect. Second, as a result of the Law of Minuta certificates were forged by a Notary which resulted in deed only has the strength of evidence as the deed under hand, if the parties could prove the authentic act proficiency level in the trial court and resulted in the deed can be canceled and the strength of evidence as the deed under hand will not apply continuing involvement.]]>
<![CDATA[The Protection of The Law Patients Privacy of Health Services ]]>
<![CDATA[Johanes Deo Fau]]>;
<![CDATA[Yustina Sila]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[This research read:“ The protection of the law patients privacy Of health services with 2 (two) case formulations, are: (1) How the regulation of the protection of the law privacy a patient in health services?; (2) How was the end of law a violation of privacy for patients of health workers?. The research is the kind of research law with uses the method law normative. In addition, the study also used the conceptual kinds of abilities. the statute and approach. This research result indicates that privacy is the right of patients that have to be fulfilled by health workers and the means of health services and shall constitutes the obligation of health workers to keep privacy patients who it serves in the act of health, the act of health workers, the act of practices medicine, the act of nursing, regulations related minister midwife practice that requires health workers behind the secrecy was related to the record good patients medical and privacy. A breach of privacy by health workers towards patients will cause due to law when patients and their families feel aggrieved. Due to administrative law civil and criminal can be used as material. accusation of health workers. Hence it is expected that the act of explicitly able to regulate precisely because given health workers keep privacy patients and clarify about privacy rights inherent in themselves patients who must be protected and be protected conducting socialization on the importance of maintaining privacy patients called on the government as well as a means of health services to facilitate a patient to complained about services received that may violate the right of privacy she would had to thrash out as soon as possible in the process of mediation in order to avoid a process litigation can force own. financial losses for.]]>
<![CDATA[Analysis of The Principle of Freedom of Contract In A Work Agreement Containing Non-Competition Clause ]]>
<![CDATA[Wahyu Tri Yuliana]]>;
<![CDATA[N.Santy Parnasari]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Legal relations between workers and companies is inseparable from work agreements. The formation of work agreements between workers and companies must be in accordance with legal requirements and agreement principles. One of the principles used is the principle of freedom of contract as stipulated in Article 1338 Burgelijk Wetboek voor Indonesie (BW). However, the existence of a company that includes a non-competition clause in a work agreement is one of the preventive measures in order to maintain the company's trade secrets which results in limited space for workers and is contrary to several laws and regulations. This study aims to analyze the principle of freedom of contract in a work agreement that contains a non-competition clause. This is a normative juridical method research with a comparative approach to compare laws and regulations governing the principle of freedom in contracting with non-competition clause of the work agreement. Analytical descriptive is used to describe the principle of freedom in contract with the theory of non-competition clause, thus, this research is qualitative research. However, the principle of freedom of contract cannot be interpreted as absolutely free, the essence must be a balance between the rights and obligations of workers and companies in work agreements. In the inclusion of non-competition clauses, it can limit the movement of workers to find work and this clause basically contradicts several regulations relating to the right to get a job. Work agreement containing non-competition clause does not meet the legal agreement. Therefore, it can be canceled by law based on the provisions of Article 52 paragraph (3) of Law Number 13 Year 2003 concerning Labor.]]>
<![CDATA[The role of the principle in the legal order in Indonesia ]]>
<![CDATA[Muhammad Hasan]]>;
<![CDATA[Nida Kristinawati]]>;
<![CDATA[Heru Kuswanto]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[In the formation of regulations in Indonesia, it cannot be separated from the name of the principle of law because it includes the fundamental in forming a regulation so that it does not conflict with existing regulations, or with terms that are in the law, namely truth coherence. The principle of law is an important element of a rule of law, it can even be said to be the 'heart' of the rule of law. The principle of law will remain and will give birth to further regulations. Ultimately, the principle of law has a dual function, namely as the foundation of a positive legal system and as a critical test stone to the prevailing positive legal system. How does the binding force of the validity of the legal principle and what if there is the principle of law that is contrary to the principle of law. The research method used in this study is normative juridical, with two approaches namely; statute approach and conceptual approach, as for the formulation of the problem in this research is what should be done if the principle is contrary to the principle? The results of this study are that even though the principle contradicts the principle, the solution is to use the principle as a basis in a regulation that is made and see also the conflicting rules for what are the contradictions.]]>
<![CDATA[The Development of Indonesia As The Rule of Law Based On 1945 Constitution Before And After Amendments ]]>
<![CDATA[Bambang Panji Gunawan]]>;
<![CDATA[Surti Yustianti]]>;
<![CDATA[Mohammad Roesli]]>;
<![CDATA[Bastianto Nugroho]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Prior to amendment of the 1945 Constitution, constitutional basis of Indonesia that Indonesia is a state based on law is contained in the preamble of the 1945 Constitution body. Statement that Indonesia is a country of law is also mentioned in the 1945 Constitution explanation. Article 1 (3) of the 1945 Constitution states that "Indonesia is a state of law". The provisions of the aforementioned article constitute the constitutional basis that Indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). There is different meaning between Indonesia is a state based on law and Indonesia is a state law.Applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.Continental European legal systems recognized rechtsstaat legal state while other parts of the world recognize concept of rule of law state extracted from anglosaxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid, meanwhile the rule of law prioritize equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and rule of law concept.]]>
<![CDATA[Judicial Analysis of Banking Criminal Actions Related To Law Number 10 of 1998 ]]>
<![CDATA[Verdy Isdiyanto]]>;
<![CDATA[Benny Rory Wijaya]]>;
<![CDATA[Agus Hariyono]]>;
<![CDATA[Haidir Rahman]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Banking has the main function as an intermediary, namely collecting funds from the public and channeling them effectively and efficiently to the real sectors to drive the development and stability of a country's economy, the bank bears a large reputation risk. Banks must always maintain the level of trust of customers or the public in order to save their funds in banks, and banks can channel these funds to drive the nation's economy. Banking criminal acts are basically acts against the law carried out, whether intentionally or unintentionally related to institutions, instruments and banking products, so that they cause religious and / or material mischief for the banks themselves or for customers or other third parties. Various kinds of laws and regulations have been issued by the government in the context of overcoming mistakes, negligence, and intentional actions of these insiders.]]>
<![CDATA[Notary Criminal Responsibility In Terms of Notary Workers Doing Criminal Following Letters ]]>
<![CDATA[Oktadevi Nurfildzah]]>;
<![CDATA[Moh Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Writing this journal aims to analyze and examine how accountability notary in the case of workers committed the crime of forgery. In Article 1, paragraph 1 of Law notary mention that Notary Public Officials authorized to make authentic act and have more authority as referred to this Act or under another Act. Notary otherwise authorized by the attribution of the State through Law Notary. That is, authority attached to office of notary. Carrying out his duties as well as the Notary Public in general assisted by Notary workers. In terms of preparing everything what is needed in the manufacture of an authentic deed. One of the documents tobe prepared by notary public workers is letter. Notary workers only be assistance in carrying out his job. Responsibility for authentic act remains the responsibility of notary. If the workers notary committed the crime of forgery that resulted his disability certificate is authentic, then it possible the notary must responsible. Forgery that can occur because the fake letter, fake powers and authority of the contents of the letter. Forms Criminal Liability Notary notary worker if proof acriminal act of forgery is acriminal participation in the crime of forgery contained in Article 55 Juncto Article 263 paragraph 1 and (2) Penal Code or Article 264 or Article 266 of the Criminal Code, and Article 56 paragraph 1 and Article 263 paragraph 1,2 Penal Code or Article 264 or 266 of the Criminal Code. Because Notary considered negligent in carrying out his duties as well.]]>
<![CDATA[Legal Protection of Workers On Bankruptcy Decisions of Employing Companies ]]>
<![CDATA[Sumarso]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Labor groups are very very vulnerable to violations of the law such as not being given decent wages and severance pay for layoffs, to avoid arbitrary actions by employers, workers are provided with legal protection facilities in the form of regulations regarding employment. Bankruptcy conditions experienced by companies will result in delays in payment of workers' wages, therefore the law provides certainty regarding the privileges granted to workers in order to get priority in paying wages owed. The purpose of this study is to find out more about bankruptcy and its impact on workers, and the expected benefits of this research as a guide for law enforcers in the scope of civil law. The formulation of the problem in this legal research is the legal protection of workers' rights based on normative law and the position of workers in the settlement of payment of workers' rights for the bankruptcy status of the employer or entrepreneur. While this type of legal research is normative legal research that uses several approaches as a method of case analysis. Everyone has the right to work in fulfilling their daily needs as regulated in the legislation. Workers as workers need legal protection from the State as a guarantor of certainty for their rights to be obtained. Through applicable regulations, the government can supervise the private sector in managing employment and can guarantee the welfare of workers. The condition of a company declared bankrupt will have a direct impact on workers such as not paying wages according to the contract, in carrying out the settlement of unpaid wages for workers there will be a debt that must be paid off by the bankrupt debtor. The settlement of the debt must take precedence according to the regulations in the Manpower Act, and the industrial relations court is no longer the court that has the authority to decide post-bankrupt industrial relations cases.]]>
<![CDATA[Money Laundering and Corruption ]]>
<![CDATA[Reda Manthovani]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Crime is a term that contains a basic understanding in the science of law, as a term formed with awareness in giving certain characteristics to criminal law events. Money laundering or money laundering as a crime has been the focus of attention since the 1980s, especially in the context of crime of drug trafficking (psychotropics and narcotics). The problem of money laundering was only declared a crime by Law Number 15 of 2002 concerning the Crime of Money Laundering which was legalized and promulgated on April 17 2002. Law Number 15 of 2002 Article 2 concerning Money Laundering is an act that aims to hide or disguise the origin of money or assets obtained from the proceeds of crime which are then converted into assets that appear to originate from legitimate activities. Understanding the Money Laundering, Financial Action Task. The Force on Maney Laundering (FATF) formulates that money laundering is the process of concealing or disguising the origins of proceeds of crime. The development of corruption in Indonesia is in a dangerous stage. If we compare corruption in Indonesia to a disease, corruption in Indonesia develops in three stages which are elastic, endemic and systematic. In addition to its transnational crimes, corruption is also referred to as an extraordinary crime. Corruption in Indonesia has spread throughout the government and all layers of society so that efforts to eradicate corruption are still faltering, especially with resistance by parties whose interests are disturbed by the agenda of eradicating corruption. Corruption and money laundering have a very close relationship. This can be clearly seen in Article 2 paragraph 1 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Launderin.]]>
