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[Legal Protection Against Notaries In The Process of Authentic Deed Processing ]]>
<![CDATA[Afdol]]>;
<![CDATA[Baby Nita Selly Veronika]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.91
<![CDATA[The position of a notary is very necessary in the business world, because it is in accordance with its duties which is to record civil actions and set out in an authentic deed. source of data used in this study is secondary data consisting of primary legal materials in the form of basic norms/rules and related laws and regulations. with the law of protection of notaries in particular The type of research in this 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 faced Engineering and data collection in research This is done by means of library research. Data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, secondary and tertiary related to this research.]]>
<![CDATA[Juridical Review of Chemical Castration Action In The Perspective of Criminal Law And Human Rights ]]>
<![CDATA[Aulya Dwisudarini]]>;
<![CDATA[Muridah Isnawati]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.92
<![CDATA[Children are a gift from God Almighty must be maintained for their survival because children are the future and next generation of the nation. A state commits protecting the children's rights and ensuring children's welfare by issuing several laws and regulations accommodating all children's needs and rights. However, this have not reduce the case numbers of sexual violence against children yet, therefore, the government issued a new regulation, namely Law Number 17 of 2016 which regulates new sanctions for perpetrators of sexual violence and the addition of chemical castration. The purpose of this research is to find out the juridical review of chemical castration in the perspective of criminal law and human rights. The research method used in this research is normative jurisdiction using a law approach. The results of the study found that chemical castration is appropriate for perpetrators of sexual violence against children, because sexual violence against children is a serious, cruel crime. Chemical castration does not violate human rights because it aims to normalize the hormones of pedophiles and the rehabilitation carried out by medical experts is aimed at enabling pedophiles to be normal human beings physically and mentally.]]>
<![CDATA[Legal Aspects In The Establishment of A Village Owned Business Entity Deed And its Business Branches ]]>
<![CDATA[Elvareta Elen Bayu Permata]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.96
<![CDATA[The village is the forerunner to the formation of a government in a unitary state, it can be said that the village is a miniature of a country. There are rights and obligations of village communities, especially in the field of human resource management and natural resources. In carrying out efforts to improve in the economic field, villages can form BUMDESA which has the aim of increasing the income of the villagers. The establishment of BUMDESA can be done through village meetings, if village officials need official documents, it can be made in the form of an authentic deed before a notary in accordance with Article 15 of the Law on Notary Services and its amendments. The type of research in this legal research is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer legal issues faced. Techniques and data collection in this research is carried out by means of library research ( library research). Data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, with secondary and tertiary related to this research. The purpose of this legal research is to analyze the legal aspects of the establishment of BUMDES which is made with an authentic deed document. The legal issue in this study is the legal aspect of the establishment of bumdes and other business branches, the second legal issue is the role of a notary in the establishment of a village-owned enterprise business unit. The conclusion of this research is that the village government exists and exists until now since the NKRI was formed, the village has the potential of natural resources that must be managed in an accountable, professional and trustworthy manner. Regarding village management, BUMDESA can be used as a means of driving the economy for the village community. That notaries can assist in making deeds relating to the establishment of BUMDESA and BUMDESA business units.]]>
<![CDATA[Settlement of Multiple Certificate Disputes On The Same Land Object ]]>
<![CDATA[Rica Intan Febriyanti]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.97
<![CDATA[Land has an economic aspect with the value of the rupiah increasing every year, in the form of an increase in NJOP on SPPT PBB. Regarding legal land ownership through the inclusion of the owner's name on the land title certificate, several court decisions have found cases of double certificates which are original and authentic certificates. To determine who is entitled to the ownership of land rights in the same object, a lawsuit is made through the district court with the land office as a co-defendant. The purpose of this study is a legal remedy in the event of a land dispute due to dual certificates and the validity of the issuance of multiple certificates whose legality will be recognized according to law. This study uses empirical juridical methods, namely juridical research conducted by examining library materials called library research with a statute approach. Sources of Legal Materials used in this legal research use primary legal materials which are authoritative legal materials, meaning they have authority. The results of this study are the certificates issued by the land agency are valid until they are declared null and void by the district court, on the validity of the dual certificates, the applicable certificate is the land certificate which was issued earlier and declared valid by the panel of judges. Suggestions from this research are that the land office is expected to be more careful in conducting research on physical and juridical data in issuing land rights certificates.]]>
<![CDATA[Implementation of Children's Rights Execution In The Perspective of Civil And Islamic Law ]]>
<![CDATA[January Nasya Ayu Taduri]]>;
<![CDATA[Fairus Augustina Rachmawati]]>;
<![CDATA[Dian Latifani]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.108
<![CDATA[Divorce or the breaking up of a marriage between husband and wife through a court decision has legal consequences for both parties' rights and obligations, including children. In Indonesia, cases that are often problematic in divorce cases are the failure to achieve the execution of decisions, especially in the context of the right to support the wife and children and child custody. However, in this paper, the author is interested in examining more deeply the obstacles that occur in implementing the execution of child custody decisions that are seen from several legal perspectives, including the compilation of Islamic law, the Marriage Law, the Child Protection Law, and the regulation of the execution process of decisions. in Herziene Inlandsch Reglement (HIR). The legal research method used is Normative Law with a statutory approach or called the statute approach. This paper also uses secondary legal data sources, such as: scientific journals, books, related laws and regulations. The purpose of this paper is to provide solutions related to the obstacles that occur in the implementation of decisions on the execution of child custody rights, which until now often occur and still provide polemics both in society and within the scope of religious and state courts.]]>
<![CDATA[Juridical Implications of the Covid-19 Pandemic on Credit Agreements in Indonesia ]]>
<![CDATA[Elvandi Christian Saragih]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.109
<![CDATA[The Covid-19 pandemic has resulted in many people losing their jobs, if the person concerned is a bank debtor, it can result in him failing to make credit instalments to the bank as the creditor. This study aims to find out how the legal consequences of the Covid-19 Pandemic have on credit agreements in Indonesia and how to resolve them in case of default. The results showed that the Covid-19 Pandemic resulted in difficulties for debtors to pay credit instalments to banks as creditors and made debtors in default. Settlement steps that can be taken if the debtor is in default are Termination of the Agreement or Postponement of Debt Payment Obligations. If the cause of the debtor's inability to carry out his obligations as a result of a decrease in income during the Covid-19 Pandemic, the settlement using the Postponement of Debt Payment Obligation is the most appropriate option because in the future after the Covid-19 Pandemic can be resolved, the debtor is considered still can settle its obligations as stated in the Credit Agreement]]>
<![CDATA[Establishment of Individual Limited Liability Companies as an Effort for Economic Recovery Due to the Covid-19 Pandemic ]]>
<![CDATA[Amran]]>;
<![CDATA[Ibnu Arly]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.110
<![CDATA[Purpose of this study is first, to analyze the establishment of a Limited Liability Company PT Individual. Second, to analyze in the establishment of a Limited Liability Company, an individual PT will support economic progress due to the Covid-19 pandemic. This research uses normative legal research methods. This research concludes, first: The establishment of an Individual Limited Liability Company (PT) can be established by an Indonesian citizen, at least 17 years old, the authorized capital of PT Perseorangan, which is at least 25%, then the proof of payment is submitted to the Minister of Law and Human Rights counting 60 ( sixty) days since deed of establishment of the Company for the Company or filling out the Statement of Establishment for an individual Company and this is done electronically. Second: the creation of regulations regarding the establishment of PT. Individuals is expected to be able to support the improvement of the Indonesian economy due to the Covid-19 pandemic, the existence of PT Persorangan targets the middle class, for micro and small businesses.]]>
<![CDATA[Respect For Individual Limited Company (MSMEs) For Pailit Decision ]]>
<![CDATA[Sabrina Isnintias]]>;
<![CDATA[Moh.Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.111
<![CDATA[Ratification of Law Number 11 of 2020 concerning Job Creation (Job Creation Law) brings blessings to Micro, Small and Medium Enterprises (MSMEs) entrepreneurs. Because it provides convenience, protection, and empowerment to MSMEs, it is one of the objectives of the creation of the Job Creation Law which is outlined in the form of a derivative, namely Government Regulation (PP) Number 8 Year 2021. The Job Creation Law is one of the breakthroughs of the Indonesian Government to restore a sluggish economy during the Covid-19 Pandemic, many business sector sectors were hindered and suffered many losses due to the pandemic situation. The PP explains that a Limited Liability Company can be established by 1 (one) founder, specifically PT. Individuals (MSMEs), where this provision raises various questions, one of which is a form of responsibility to a third party (BANK) if PT Individuals (MSMEs) are declared In a state of bankruptcy, the purpose of this study is to identify and analyze the legal aspects of PT Perseorangan's bankruptcy settlement. The benefits of this research are addressed to individual PT directors and legal experts who face similar cases.]]>
<![CDATA[Delegation of Authority for Secondary Education Management Aspects of Regional Assets / Property at the East Java Provincial Education Office ]]>
<![CDATA[Siswoko Andianto]]>;
<![CDATA[Widyawati Boediningsih]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.112
<![CDATA[After the enactment of the Law 23/2014 as the new regional government law (UU Pemda), the government formulates new regulations related to changes in the concurrent division of government affairs between the central government and regional governments. The purpose of this study is to describe the implementation of the transfer of authority to manage secondary education from the point of view of the aspect of management of regional assets / assets in the East Java provincial education office and the problems in the transfer of authority to manage secondary education from the point of view of the aspect of managing regional assets / property in the provincial education office. East Java. Nornative empirical research methods. Basically, it is an amalgamation of a normative legal approach with the addition of various empirical elements. The result of the research is that the Field Verifier Team and the Regional Assistance Team have a central role in overcoming problems related to the transition in the Secondary Education sector, namely by re-correcting the results of data collection and confirming the results of data collection both to the Surabaya City education office concerned and to the Education Office. East Java Province. All local governments, both provincial and district / city, must implement this policy. One of the regions that has also implemented this policy is the Province of East Java. The East Java Provincial Government has specifically implemented the policy of transferring secondary education management as mandated by Law no. 23 of 2014 through the East Java Provincial Education Office.]]>
<![CDATA[Polemic of the Application of Electronic Certificates in Indonesia ]]>
<![CDATA[Lintang Kalbuhardi]]>;
<![CDATA[Khunsul Yaqin]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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DOI: 10.55173/yurisdiksi.v17i3.113
<![CDATA[The purpose of this study is first, to analyze the efficiency of electronic certificates applied in remote areas of Indonesia. Second, to analyze the Land Deed Making Officials are able to compensate in making the Deeds. This research uses normative legal research methods. This research concludes: the issuance of the Regulation of the Minister of Agrarian Spatial Planning of the National Land Agency Number 1 of 2021 concerning Electronic Certificates has a good purpose to assist the community in ownership of their land rights, the existence of electronic certificates is also expected to give a modern and advanced impression for the development of important documents in Indonesia, can be accessed easily by the public and related agencies in carrying out other legal actions. The tendency of disputes due to irresponsible parties can also be minimized such as double certificates, but apart from that all polemics related to electronic certificates also appear among the public and Land Deed Authorities, this polemic gives a doubt due to the security of people's personal data stored by The Ministry of ATR / BPN is feared to leak so that the personal data is misused by irresponsible parties. PPATs who take care of community legal actions in making Land Deeds are also required to improve the performance of their offices to keep up with the changes and developments given by the Ministry of ATR / BPN, so that PPAT has to adjust itself even though in each area the obstacles to internet infrastructure are not all the same speed, as well as electricity infrastructure. which sometimes goes out.]]>
