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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 9 Documents
 1 
Search results for , issue "Vol. 17 No. 4 (2022): March" : 9 Documents clear
The Power of Law To Buy Land A Knock-Off Who Is Not Recognized For Sale Bought It By A Vendor’s Heir Tutiek Retnowati; Widyawati Boediningsih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.89

Abstract

This study aims to findout and analyzed the form of proof of Proof in the deed Onderhands has the same power as an authentic deed if the content of the deed is not denied by the parties or in the other words acknowledge and do not deny the truth of what is written and the signatures of the parties in the agreement.  The research method in this study uses normative research methods and uses a statute approach and conceptual approach. The result of this research is that in accordance with article 1857 BW, The power of proof of a deed underhand can be equated with an authenthic deed.  A Buying and Selling  agreement using a deed onderhands is valid if examined in article 1320 BW because it has fulfilled the elements in the legal requirements of the agreement.  Second, Efforts to resolve disputes that can be carried out by the buyers is by filling a lawsuit for default at the distirct court, because the absolute requirement for making a Buying and Selling deed (AJB) by PPAT must be attended by the parties concerned. The panel of judges can issue a decision by giving permission to the buyer to register Petok D through a Buying and Selling in order to be able to take care of the transfer of name without the participation of the heirs in order to register a certificate of Land rights at the office of the national defense Agency.
Abstain Voter (Golput) On Implementation Simultaneous Regional Head Elections (Pilkada) In Surabaya During The Corona Pandemic andy christanto santoso; Woro Winandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.104

Abstract

The implementation of simultaneous regional head elections (Pilkada) during the Covid-19 Pandemic was faced by the people of Indonesia in 2020. The East Jave government especially issued several regulations where all of these regulations have the same purpose, namely limiting social interactions or it can be called PSBB vol. 1, PSBB volume 2, PSBB volume 3. on December 9, 2020, Indonesia will carry out the Pilkada. From the past Pilkada experience, the number of people interested in casting their votes has decreased over time. Based on the spirit or mother of all laws in Indonesia. Does it reflect social justice for all Indonesian people? What innovations should the government make during this pandemic so that there is no clash between regulations issued during this pandemic?
Fulfillment of Human Rights By Transnational Corporations In Indonesia: Perspective of International Norms Brigitta Raras Ayu Roesedi; Arina Bhuana Sari; Isnin Harianti; Gisca Azaria Ramadhani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.105

Abstract

Leniency in the implementation of rules on the fulfillment of human rights by the Government to TNC as an entity in Indonesia. This research aims to describe the fulfillment of human rights by transnational corporations in  International Norms. This research used normative research methods, focusing on the differences that occur in the field (das sein) namely the policy of the Government of Indonesia in realizing the fulfillment of human rights by TNC, with legal norms that should be implemented (das sollen) namely international norms. The data source used is a primary and secondary data source with a deductive thinkingpattern. The results showed that  the State as a duty holder for citizens, is authorized to issue regulations on human rights respect by TNC in order to minimize human rights violations. Domestic regulations are necessary to be the attachment of TNC operating within the territory of the country to be subject to the applicable constitutional rules, so that respect, protection, and rehabilitation of human rights can run optimally.
Polemic of Involvement of Notaries As Suspects Based On Article 263 of The Criminal Law Book Devi Andiya Fidiyanti; Khunsul Yaqin
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.115

Abstract

Purpose of this study is to analyze the criminal liability given to a Notary when he is also a suspect for his duties and authority to make an authentic deed. Second, to analyze the definition of the Notary Position and its duties and authorities. This research uses normative legal research methods. This study concludes: The criminal liability given to a Notary when he is also a suspect and is burdened with Article 263 of the Criminal Code for his duties and authorities to make an authentic deed is very detrimental to the Notary concerned, thus the Notary must have integrity, be smart and adhere to the code ethics and regulations for the position of a notary in carrying out his position. The making of a Notary deed still pays attention to every important point, which is allowed by the laws and regulations, and which is prohibited. Notaries are public officials who have the task and authority to make authentic deeds, in which there is the will of the parties. Then the position of a Notary and its duties and authorities are very much needed for the people of Indonesia, so what has been given by this law must be carried out as well as possible. good by the Notary, so as not to make the Notary a suspect for the authentic deed he made. In this case, the notary is also responsible for fulfilling the responsibilities of the will of the parties stated in the deed he made, so that the notary must be smart and have integrity so that there will be no disputes in the future.
Legal Journal "Examination of the Judge's Decision in the Acts of Online Football Gambling" (Case study 2864 / Pid.B / 2019 / PN.sby) Diki Wendyanto; Endah Lestari Dwirokhmeiti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.119

Abstract

The Criminal Code (KUHP) has criminal rules outside of the Law, namely Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), in the world of sports the name football is one of the most famous sports games where -where. In the world of football, players are familiar with good gambling. football or the audience and even the referee as a court also participates in a gamble, but in principle playing gambling as stipulated in Article 303 of the Criminal Code (KUHP) and Article 27 paragraph (2) of the ITE Law. appropriate in its application to the Surabaya Court Decision number2864 / Pid.B / 2019 / PN sby regarding the Crime of Online Gambling from the probleman the writer can formulate the problem namely What is the decidendi ratio for the High Court Decision Number 2864 / Pid.B / 2019 / PN sby? and Is the application of the judge's decision on Decision 2864 / Pid.B / 2019 / PN sby in accordance with the elements of material criminal law? The method used by the author is a normative type with a statutory approach, conceptual, case analysis. In this verdict, it turned out that the judge was not careful about his judgment.This is related to the indictment of the Public Prosecutor who only accused the defendant under Article 303 Paragraph (1) 2nd. In fact, when the indictment does not meet the requirements for an accurate, clear and complete description, the indictment letter will be null and void.
Legality of Release of Prisoners During the COVID-19 Pandemic in Positive Law Studies Moch. Faizal Adi Wardana; Endah Lestari Dwirokhmeiti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.120

Abstract

When COVID-19 has been declared a National disaster, the Government of Indonesia assesses the need for fast action as an effort to save the community, prisoners and prisoners through assimilation and integration of the spread of the COVID-19 virus. Basically every prisoner is entitled to parole. Parole is the process of coaching prisoners outside prisons after serving at least 2/3 of the sentence from a minimum of nine months. So in essence, prisoners who are entitled to parole are those who have served 2/3 of their sentence. According to the Ministry of Law and Human Rights, the Assimilation and Integration program is also considered very helpful. Because in this way it can also help break the chain of spreading the COVID-19 virus. For prisoners who are released through assimilation and integration, they still receive supervision from the government. And for those who violate their assimilation will be revoked and given a harsher punishment.The general public already understands when they hear words such as prison, jail, detention center, and correctional facility and they really know who is the occupant of these places. Crime, murder, theft, robbery, rape, and so on are various types of criminal acts that make the perpetrators languish in them so that they get the title of prisoner at the end of their free period, or possibly get a higher level title, namely "Recidivist". The formulation of the problems contained in this research are: 1. What are the conditions for the release of prisoners during the COVID-19 pandemic in terms of positive law in Indonesia? 2. Is the policy for the release of prisoners during the COVID-19 pandemic accompanied by sanctions for Recidivists? The results of this study are about the policies of the Ministry of Law and Human Rights regarding Assimilation and Integration. How about the terms of policy rules or sanctions for released prisoners to repeat the criminal act.
Legal Sanctions Against Companies That Breach The Provisions of Circulation License Zelfy Aristin
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.121

Abstract

Through the decision of the Surabaya District Court Number 728 / Pid.Sus / 2018 / PN.Sb PT. ASAHAN FOOD does not need to stay in prison for 6 (six) months, provided that within the next 1 (one) year the owner of PT. ASAHAN FOOD is of good character. In the case of endangering the public with the decision mentioned above, the verdict in the case of the Surabaya district court has anomalies and has a vague meaning to law no.18 of 2012 concerning food article 91 and article 142 considering that there are still legal loopholes as a criminal act in the case of PT. Asahan Food for deliberately taking steps to ignore it for quite a long time (4 years) since the issuance of the new regulation to administer the permit from BPOM as the agency that has control over the safety of food products. so that this can cause loss and cause of death for the wider community.
Legal Due To The Transfer of Rights to Agricultural Land to Non Agriculture In The City of Tasikmalaya Ami Nurjannah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.122

Abstract

In this study, the researcher uses the title Legal Strength and Authentic Deed Agricultural land is one of the ecosystem supporting the life of Indonesian citizen, fertile land into fruit that will produce food resources for all residents who are in the vicinity. In order to maintain food resources in Indonesia farmers must do the care and protection of plants that they plant whether rice, corn, or other plants that produce agricultural fruits. Good resources are resources that are continually given attention and management periodically to achieve perfect results in supplementary. In addition to the care of the farmers to realize an increasingly advanced ecosystem need the Government's efforts in supporting the advancement of food resources, because so the empowerment of nature and governance of each other is aligned and balanced, but it is not easy in the implementation necessary to build awareness to make it happen. Entering a new era as now the government is doing many changes and shifts on the basis to make it a source of income in a different field, as well as the transition of agricultural land function into a building or other building materials to achieve a faster outcome and the Kerab is considered more appropriate and luxurious. The transition of agricultural land is no longer a taboo in life as it is today, to advance the technology and development of a region or country of agriculture has become a major target of entrepreneurs and governments engaged in the field. The farmland turned into a building is a question of how validity is in the process of implementation. Because with the transition the land can affect the sustainability of the lives of the inhabitants and farmers around it. Because the manifestation of a seumber of natural power is to defend and develop it to keep it going.
The Implementation of Environmental Law Protection in Indonesia Reda Manthovani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.196

Abstract

The current condition of environmental law enforcement is not as expected. Environmental problems tend to accumulate, become complicated and even lead to threats to peace. Environmental law enforcement is still a bureaucrat/government discourse, not yet leading to concrete action. The government has also not synchronized economic, social and ecological elements in every development policy, so it is seen that many policies issued by the government are detrimental to environmental interests, such as the issuance of Government Regulation No. 1 of 2004 concerning the policy of granting mining concessions in protected forests, to 13 mining companies, where this provision is contrary to Law no. 41 of 1999 concerning Forestry which prohibits mining activities in protected forests. The lack of success in enforcing environmental law is also due to irregularities in the process of enforcing environmental law, this can be seen in the application of Article 30 (2) of Law no. 23 of 1997 concerning Environmental Management which states that the settlement of disputes outside the court as referred to in paragraph (1) does not apply to environmental crimes as stipulated in this law or in other words to environmental crimes cannot be resolved through ADR , but in practice the provisions of Article 30 (2) of Law no. 23 of 1997 concerning Environmental Management is often violated or deviated. From criminal politics, the increase in criminal acts in the environmental sector is due to, among other things, development projects and programs that are planned and implemented at the local, regional and national levels, ignoring/not paying attention to environmental factors, not based on accurate research and estimates of developments or crime trends both now and in the future. the purpose of this research is to find out how far the implementation of environmental protection laws is.

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