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[Granting assimilation and integration rights to prisoners (adults and children) in the center of the pandemic Covid-19 ]]>
<![CDATA[Muhammad Nuh]]>;
<![CDATA[Evi Retno Wulan]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Nowadays the community is not only researched by the spread of Corona viruses, but the public must also be introof from crime action. Crime phenomenon amid pandemic conditions, the culprit is mostly an inmate who get an assimilation program. The assimilation Program itself is issued by the Government through the Ministry of Justice and Human rights. How not worried, the policy precisely raises the middle of the community, in the current conditions that are panicked with social insecurity. This is due to lack of supervision from the manager of the prison in the assimilation program so that many inmates who are not well qualified can get assimilation program, then the current economic conditions that carut-marut amid the pandemic Corona virus or Covid-19, unemployment is a lot, life is difficult so that the potential criminologinya very large. Then no wonder a number of prisoners are revisit. Based on the background above, this proposal can be formulated as follows: 1. is the granting of assimilation and integration rights to the convicts (adult and child) in the middle of the Covid-19 pandemic already in accordance with the legislation? 2. Is it necessary to add new rules governing assimilation and integration rights in the middle of the Covid-19 pandemic? A) This research aims to know and analyze from the side of regulation, especially Permenkumham No. 10 year 2020 on the release of convicts and children in the middle of the Covid-19 pandemic, in order to prevent the transmission of Covid-19 in correctional institution. B) The second purpose of the study is to know and analyze the government needs to issue specific regulations related to assimilation and integration rights in the midst of pandemic Covid-19.]]>
<![CDATA[Online And Conventional Transportation Policy In Indonesia (Analysis Of Equitable Policy Alternatives For Community Welfare) ]]>
<![CDATA[M. Afif Hasbullah]]>;
<![CDATA[Nisaul Barokati Seliro Wangi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Online transportation in the period of the fourth industrial revolution provides convenience and accessibility, but it also causes social conflicts with conventional transportation such as motorcycle taxis, taxis, and public transportation. This study investigated the regulation of online and conventional transportation in Indonesia using a community-based approach.The study concluded that the government lacked a good public policy development model other than the stimulus reaction. Since policies were made after problems arose, they were considered ineffective. Based on the analysis and scoring, possible alternatives were recommended for being implemented such as: Online and Conventional Transportation Business Actors, Conventional Transportation Stimulus towards Online; and Changes to Regulations.]]>
<![CDATA[Worker’s Rights To Big Day In The Middle of Pandemic Covid 19 ]]>
<![CDATA[Hari Adi Setyoko]]>;
<![CDATA[Soemali]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Currently the earth is experiencing a Covid-19 pandemic. This pandemic has been rampant in all countries without exception Indonesia. It is undeniable that this pandemic has an impact on the world economy, especially Indonesia. As a result of this pandemic, many companies have gone, have been dismissed unilaterally in various companies, and there have also been those who did not cut ties unilaterally but did not provide rights to holiday allowances during this pandemic. Minister of Manpower, Ida Fauzia, said that there were 274 companies that were unable to pay the holiday allowance this year. This number is known from complaints that have been submitted to the post of complaint for holiday allowances at the Ministry of Manpower in the May period this year. The formulation of the problems contained in this study are: 1) Does every worker still have the right to get holiday allowances during the Covid-19 pandemic? 2) What are the legal remedies for workers who do not get the right to holiday allowances during the Covid-19 pandemic? The objectives of this study are: 1) To determine and analyze that every worker is still entitled to holiday allowances during the Covid-19 pandemic; 2) To find out and analyze legal remedies for workers who do not get the right to holiday allowances during the Covid-19 pandemic. The result of this research is that during the Covid-19 pandemic, workers must still have the right to holiday allowances as stated in the Circular of the Minister of Manpower No. M / 6 / HI.00.01 / V / 2020 concerning the Implementation of 2020 Religious Holidays Allowances in Companies During the Corona Virus Disease 2019 (Covid-19) Pandemic.]]>
<![CDATA[Legal Protection Costumer About Manipulation Fake Import Beauty Cream ]]>
<![CDATA[Agung Hari Laksono]]>;
<![CDATA[Soemali]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Cosmetics are one of the necessities of human life, especially women in fulfilling the demands of their beauty. There have been many cases of counterfeit and / or illegal cosmetics circulating in the cosmetics distribution. Rahajeng Ratnasari alias Sari is a business actor who sells fake cosmetics with his own concoctions in the city of Mojokerto. The objectives of this study are: 1) to identify and analyze the actions of the business actor as an act against the law. 2) to find out and analyze the form of legal protection for consumers due to illegal acts committed by the business actor. This type of research is Normative using the Statute Approach method. This study also uses the Conceptual Approach method. The result of this research is that the actions of business actors in marketing their products can be categorized as acts against the law and Law Number 8 of 1999 concerning Consumer Protection. The form of legal protection for consumers due to illegal acts committed by business actors is the formation of a consumer protection agency as a consumer that builds protection and provides space in consumer dispute disputes through the Consumer Dispute Resolution Agency as a small lawsuit court body.]]>
<![CDATA[Due To The Law On The Purchase of Land Rights That Have Not Been Certified If Bound By The Government Ah City of Surabaya (Case Study Number: 678 K/PID.SUS/2019 Jo 87/Pid.Sus/TPK/2018/PN.Sby ]]>
<![CDATA[Abror Prima Putra]]>;
<![CDATA[Moh.Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[The immovable property belongs to the state while related to administration, the control of the institution is used with the term “in beheer†or “in control†where this can be evidence that the land parcel is under the control of a certain institution, and certain institutions are said to have a budget which appears from the government to finance the maintenance of the land parcels. Land is state or regional property, if this land is purchased or obtained at the expense of the APBN/APBD, or the land comes from other legitimate acquisitions, for example obtained through a grant/contribution, obtained as law or obtained based on court decisions that have legally binding. The purpose of being published is for the benefit of the right holder based on physical data and juridical data as registered in the land book. Meanwhile, uncertified land is land that does not have valid proof as a strong means of evidence regarding the physical data and juridical data contained.]]>
<![CDATA[Legal Protection for Children Perpetrators of Immoral Crime (Case Study Number 21/PID.SUS.Anak/2019/PN.Trg) ]]>
<![CDATA[Alfian Rachmat Darmawan]]>;
<![CDATA[Endah Lestari Dwirokhmeiti]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Every child needs to get guidance and guidance from an early age because childhood is a period of shaping the personality, character and character of a human being, so that later they have the ability and strength and can be strong in life. The emotional instability of children tends to cause attitudes and actions that are considered naughty or known as juvenile delinquency. The protection policy for children in the Juvenile Criminal Justice System mandates that the judicial process is kept as far as possible from cases of children in conflict with the law. The fundamental substance regulated in Law Number 11 of 2012 concerning the Juvenile Justice System is strict rules regarding restorative and diversionary justice which are intended to prevent children from the judicial process.]]>
<![CDATA[Authority of Notary To Make A Declaration As A Condition For Anyone To Be An Organ Recipient / Recipient ]]>
<![CDATA[Anita Christiana]]>;
<![CDATA[Moh Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[life of a human being is very valuable, as an effort to save someone from a disease or any cause, the method of organ transplantation is used which is a medical action based on religious, social, cultural values ​​while still referring to the rule of law. The rules regarding organ transplants have been regulated in statutory regulations to ensure legal certainty for the implementation of organ transplants and to avoid things that are against the law. Legislations give authority to notaries in making deed of statements as a prerequisite for registering prospective recipients. There are legal issues that can be drawn from this problem, namely the legal aspects of transplanting human organs and their supervision based on statutory regulations and the authority of a notary in making a statement deed as a prerequisite for someone to become a recipient. This type of research in legal research is normative legal research, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues at hand. The results of the study require a statement deed for prospective recipients, so both recipients and donors are expected not to provide funds and not make other agreements, this is purely a form of help.]]>
<![CDATA[Application of Business Rights Over Management Rights Based On Government Regulation No. 18 of 2021 ]]>
<![CDATA[Isnin Harianti]]>;
<![CDATA[Astari Cahyaningtyas Winantyo]]>;
<![CDATA[Ananda Amalia Tasya]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[The purpose of this study is to review the application of regulations on The Right to Business regulated in P emerintah Regulation No. 18 of 2021 on Management Rights, Land Rights, Flats Units, and Land Registration. After the enactment of this regulation, all other implementing regulations were revoked and declared invalid. In fact, this implementing rule is contrary to the law on it, namely Law No. 5 of 1960 on the Basic Rules of Agrarian Trees. One of the conflicting rules related to the Right to Business regulations stipulated in Law No. 5 of 1960 on Basic Rules of Agrarian Principals, that The Right to Business can only stand on state land, regulated differently in its implementing regulations, namely in the Regulation of Pemerintah No. 18 of 2021, which states that The Right to Business can stand on the land of Management Rights. So that not only the clash of rules but also contrary to the principle of legal preferences. So that the existence of this rule even though legal fiction has been applied still causes controversy and debate in the world of academics and practitioners. This legal research research method uses statute approach and conceptual approach to analyze two legal issues, namely the regulationof Hak Guna Usaha on land Hak Pengelolaan in the laws and regulations in Indonesia and the problem of applying the rules Hak Guna Usaha on land Hak Pengelolaan. The result of this study is that due to the conflict of legal preference principle related to implementing regulations with laws on it, until now, The Right to Business can only be granted on State Land, not above Management Rights.]]>
<![CDATA[Owner's Responsibility of Traffic Vehicles With E-Ticketing ]]>
<![CDATA[Fandy Firmansyah]]>;
<![CDATA[Evi Retno Wulan]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[The e-ticket system or electronic ticketing has been piloted in several big cities. This electronic ticket, which is commonly called e-ticket, is a digitalization of the ticket process, by utilizing technology it is hoped that the entire ticketing process will be more efficient and effective and can also help the police in administrative management. However, in this e-ticket there are weaknesses as a result of which injustice arises. This study aims to determine whether the vehicle owner is responsible for violations committed by other parties and to find out what efforts the vehicle owner can make with E-Tilang. Based on the problems discussed in this thesis, the research method used is the legal research method with the statue approach and conceptual approach, the type of data uses primary legal material and secondary legal material, the data collection method used is through literature study and legal materials. The results of the study indicate that e-ticketing in the framework of criminal law is more focused on criminal responsibility and vehicle owners are not responsible for violations committed by other parties in the practice of implementing the Article in Law Number 22 Year 2009 concerning Traffic and Road Transportation. Efforts that can be made by vehicle owners are to protest to the police if the photo captured by CCTV is not him.]]>
<![CDATA[The Basic Understanding of Economic Crime ]]>
<![CDATA[Reda Manthovani]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[Economic crimes are part of criminal law but have specificity. In Indonesia, the promulgation of economic crimes is relatively new because it has only become known since the promulgation of Emergency Law No. 7 of 1955 concerning Economic Crimes. The umbrella regulations for economic criminal law in Indonesia are contained in Law No. 7 of 1955 and other regulations governing the economic sector outside of Law No. 7 of 1955. The consequence is that the meaning of economic crimes can be divided into narrow meanings/ Limited and broad meaning. The term economic crime which is known in Indonesia when viewed from the substance of Law No. 7 of 1955 seems closer to or can be included in the term economic crime in a narrow sense. This is due to the fact that the law contains substantially only provisions governing a small part of overall economic activity. The development of science and technology has also given rise to business actors, which were previously carried out individually, but have developed in the form of business groups that join together in the form of corporations, both legal and non-legal entities. Clarke uses the term business crime. This term includes criminal acts related to and occurring in trading, financial, banking and taxation activities. Clarke has expanded the notion of business crime, namely an activity that (always) has the connotation of legitimate business and is not identical with the activities of a criminal syndicate. Economic crime is one of the forms and dimensions of the development of crime which is currently the center of attention and concern for the international community. This is proven by the many resolutions of the United Nations concerning this problem, for example one of the reports of the VIIth United Nations Congress reported that crime as a social problem arises due to economic factors.]]>
