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YURISDIKSI : Jurnal Wacana Hukum dan Sains
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
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.
Articles 11 Documents
Search results for , issue "Vol. 19 No. 2 (2023): September" : 11 Documents clear
Disharmonization of the Implementation of Specific Organizational Units at Regional General Hospitals with Regional Public Service Agency Hospital Management Arif Rahman Nurdianto; Asmuni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.182

Abstract

The implementation of the Special Organizational Unit (UOBK) is still not in accordance with the governance of the BLUD system, reinventing government, the principles of simplification of the bureaucracy, and good government. Based on the authority theory, the UOBK RSUD director must be responsible for, and coordinate with the Kadinkes for all implementation, services, finances, or staffing, this is done because the Kadinkes is the direct supervisor or SKP who is responsible to the Regent. In addition, the director is a budget user power (KPA) who is given some authority by the Kadinkes as the budget user (PA). From the point of view of State Administrative Law and BLUD, Article 1 of Law No.1/2004 concerning the State Treasury and Government Regulation (PP) No. 23 of 2005 and the revision of the Hospital Law No. 44 of 2009 has been implemented by the hospital, namely that it must become a BLU so that it can make the hospital professional, transparent, accountable and implement entrepreneurship in public services. In terms of good governance, operational guidelines must be formed so that the implementation of Article 3 of Law Number 25 of 2009 concerning public services is the realization of clear boundaries and relationships regarding the rights, responsibilities, obligations, and authorities of all parties related to the provision of public services at UOBK BLUD RSUD must go according to the General Asan Principles of Good Governance. For this reason, it is necessary to implement a whole government between the Ministry of State Civil Apparatus Empowerment and Bureaucratic Reform, the Ministry of Home Affairs, the Ministry of Health, and the State Civil Service Agency as the leading sector in the Bureaucratic Trimming Policy in PP 72 of 2019.
Urgency of Regulation of Business Judgment Rule As A Reason For Criminal Deletion In Criminal Acts of Corruption Tohom Hasiholan; Abdul Madjid; Nurini Aprilianda; Adi Kusumaningrum
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.186

Abstract

State-Owned Enterprises are business entities whose capital is wholly or substantially owned by the state through direct participation originating from separated state assets. The Board of Directors is responsible for the business activities of the company as stipulated in Article 97 paragraph (1) of the Limited Liability Company Law, so that any decisions cannot be taken without taking into account the elements of prudence and applicable regulations. The purpose of establishing BUMN is to pursue profits, while in making decisions BUMN directors are often faced with decisions that are fraught with the risk of loss or bankruptcy so that a legal umbrella is needed for BUMN directors to relieve the responsibility borne by directors or what is known as the Business Judgment Rule. This study aims to determine the urgency of setting the Business Judgment Rule as a reason for eliminating criminal acts of corruption and this research uses juridical research methods. The research method uses normative juridical research with two approaches, namely the statute approach and case approach. Business decisions that are protected by the principles of the Business Judgment Rule are business decisions taken based on good faith and the principle of prudence. The existence of this principle will make the directors have no doubts in making business decisions because the principle of the Business Judgment Rule is an excuse if in the future there are things that must be accounted for by the directors.  
Problems of State Civil Apparatus Governance Centralistic In Law No. 5 of 2015 Concerning State Civil Apparatus Ahmad Azharil; Daly Erni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.187

Abstract

The existence and role of state civil apparatus in the field of public services has a strategic position if without the role of state civil apparatus,the state's obligation to serve its citizens will not be carried out. The problems faced in the implementation of public services include the organizational management system that has not been maximized, the occurrence of disciplinary violations committed by state civil apparatus, poor performance, poor quality of public services provided, a lot of overlapping state civil apparatus, not maximally provided by the state, and Often there is the implementation of tasks that are not in accordance with their duties and responsibilities. At this time, the election of regional heads is a source of problems for mutations on a large scale, usually the elected regional heads make changes in the form of changing and decreasing positions to changing the workplace of an state civil apparatus. Then how is the governance of the state civil apparatus centralized and how is the merit system in managing the state civil apparatus. The research method used in this study uses qualitative methods, namely a research method by means of interviews, observation, documentation in collecting data, then on the data that has been found a data analysis will be carried out. According to the Indonesia State Civil Apparatus Act Law, the state civil apparatus recruitment system in Indonesia is inappropriate for regional head officials to transfer state civil apparatus for political reasons, based on proximity and others. If the regional head transfers his state civil apparatus without paying attention to the regulatory aspects, then a regional head has violated the law. The implementation of state civil apparatus governance in Indonesia is currently regulated by many rules, so that the legal rules for state civil apparatus governance support strongly. However, in terms of substance there are still many problems. There are so many rules that are not considered by regional head officials in transferring or promoting state civil apparatus.
Settlement of Disputes over Rice Field Land Ownership Rights Due to Unauthorized buying and selling Wahyu Prawesthi; Mohammad Dwi Febriyanto; Fajar Rachmad Dwi Miarsa
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.190

Abstract

Rice field land is a general term such as forest land, plantation land and so on. All kinds of soil can be cultivated as long as it has sufficient water availability. Problems with land are quite serious. So that handling must also be done seriously. Both through prefective means, namely by providing understanding by related devices or institutions and by repressive means or resolution due to disputes. In this way, it is hoped that the community can understand the validity of buying and selling land and its settlement. So that rice field land disputes due to buying and selling do not have an impact on agricultural activities. This study uses a type of normative juridical legal research, namely legal research conducted by examining primary legal materials in the form of laws and regulations and secondary legal materials or legal materials in the form of supporting library materials for primary legal materials. The buying and selling process is legally valid if material conditions are met. In relation to the rules governing the authority and competence of the parties, as well as the fulfillment of conditions by the buyer to become the holder of the right to the purchased land. The validity of buying and selling paddy fields is the same as buying and selling land in general. The sale and purchase of paddy fields is canceled if it can cause a reduction in the minimum limit of agricultural land ownership. Dispute resolution can be done through litigation and non-litigation resolution. The advantage obtained when using litigation settlement is that it has definite legal force and is final.
Juridical Reviewlegal Protection of Employees Subject To Termination Kiko Chandra Dwiwardana; Mohammad Roesli; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.199

Abstract

The purpose of this research is to find out the legal arrangements for termination of employment (PHK) according to Law no. 11 of 2020 Concerning Job Creation. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. As a result, a worker is given protection or a job loss guarantee in accordance with Article 28D paragraph (1) of the 1945 Constitution. This job loss guarantee is also regulated in the Regulation of the Minister of Manpower of the Republic of Indonesia number 15 of 2021 where it states that Job Loss Benefit is social security given to workers who experience layoffs in the form of cash benefits, access to job market information, and job training. The protection given to workers aims to achieve the rights that workers will receive. And this can be a reference for workers if one day they lose their jobs. And the reason why workers are given protection is to minimize the unemployment rate that occurs in Indonesia. If a company/employer wants to terminate their employment relationship with workers, the impact on the company is that the company must provide severance pay, compensation for years of service, and compensation for rights to workers in accordance with applicable laws and regulations.
Cancellation of A Defective Deed of Grant By Law Because The Object Granted Was Not Made Before A Notary/PPAT Jessica Sim; Sri Laksmi Anindita
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.200

Abstract

This research analyzes the cancellation of a gift deed which is legally flawed because the object being gifted was not made before a Notary/PPAT in the case study of the Kupang District Court decision number 298/PDT.G/2021/PN KPG. One way for someone to legally transfer their rights is by gift by making a gift deed before a Notary/PPAT. If the object being donated is land, then the grant transfer process must be carried out through PPAT. In this case, the Notary/PPAT concerned did not read and sign the deed which should have been carried out in the presence of the presenters and witnesses at the same time so that the deed did not become legally defective. This research uses normative juridical research methods that are analytical descriptive with secondary data. The legal materials used in this research are divided into three, namely primary legal sources consisting of civil law books, secondary legal sources consisting of law journals and tertiary legal sources consisting of legal dictionaries. The data analysis method used in this research is qualitative, namely the data is arranged in the form of a narrative. The deed of gift made by a Notary/PPAT is legally flawed which causes the deed to be null and void. The Notary/PPAT's actions can be held accountable administratively and civilly with sanctions in the form of a written warning and compensation.
Efforts to Solve Absenteeism by Employees at Companies According to the Labor Law Number 13 of 2003 Fuvut Wardani; Sri Anggraini Kusuma Dewi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.158

Abstract

The aim of this research is to describe and identify regarding an in-depth study and ensuring that there are no acts of absenteeism in accordance with the Labor Law Number 13 of 2003. This research method uses normative juridical which means that what is produced is deviation not from theory, namely an approach by examining or studying a statutory regulation . The results of the research based on the applicable laws and regulations, namely Law Number 13 of 2003 concerning Manpower Article 168, legally fulfill the elements of Termination of Employment for reasons of absenteeism who are qualified to resign which contains 3 (three) elements including There is a Job, There is a Wages/Salary and There's an Order.
Juridical Review of the Dissemination of Pornographic Videos Through Social Media Hudhoifatun Noviva; Bastianto Nugroho; Supolo Setyo Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.162

Abstract

Cases of dissemination of pornographic videos in Indonesia are currently mushrooming and are even in the stage of destroying morals and decency. Social media including electronic media is used by the public to seek information and entertainment. In its development, technology plays an important role, but people often abuse the use of social media, for example being able to access any video including pornographic videos. This type of research uses a qualitative juridical type research method, namely by using a problem approach through a statute approach. The sources and collection of data used in this study are normative. The analysis used in this research is using descriptive analysis method. The purpose of this study was to determine the negative impact of spreading pornographic videos through social media and the efforts made to tackle the spread of pornographic videos through social media according to Law Number 44 of 2008 concerning Pornography. The results of this study explain that the negative impacts of spreading pornographic videos through social media and efforts that can be made in tackling the spread of pornographic videos can be done with preventive and repressive efforts. Another effort is to pass Law Number 44 of 2008 concerning Pornography. As for suggestions given by researchers regarding a juridical review of the dissemination of pornographic videos through social media according to Law Number 44 of 2008 concerning pornography, it is necessary to instill legal awareness within the community that the dissemination pornographic videos are prohibited and violators can be subject to criminal sanctions and there must be firm action from the government and law enforcement agencies in tackling the spread of pornographic videos.
Juridical Review of Independence Development in Class I Correctional Institutions in Surabaya Dhyta Wahyu Setyawan; Adies
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.202

Abstract

The problem approach method is carried out using the sociological juridical method, namely by looking at how a legal institution is applied and enforced in practice and data obtained directly from the community. The results of the study show that the convict development program (especially independence development) has been implemented by Class I Correctional Institutions in Surabaya, but there are still obstacles in the implementation of the program caused by various factors. The benefits felt by convicts while undergoing skills training are increasing the knowledge of convicts in the field of skills, convicts can socialize with other convicts, fill their free time while in prison. Obstacles faced in carrying out convict coaching are limited time and human resources in this case the ability of a coach to carry out coaching as well as facilities and infrastructure that meet the criteria but are still inefficient in their utilization due to situations and conditions that sometimes prevent convicts from using some of the facilities.
Providing Legal Protection To Depriminants From Actions of Violence Between Prisoners Faizal Badri Nugroho; Priambodo Adi Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.203

Abstract

The background factors arise victims of acts of violence between prisoners. So it is necessary to protect the inmates who experience violence in correctional institutions. Prevention efforts are carried out by correctional institutions to prevent and reduce victims and prevent riots from occurring in correctional institutions in order to achieve the goal of peace law. The research method of writing uses normative research methods, conducting library research, namely legal research by researching and conducting searches legal literature as well as analyzing secondary data, the aim is to obtain accurate data or truth in order to obtain permanent legal certainty. Library Materials: Primary Legal Materials and Secondary Legal Materials. The efforts made by the Surabaya Class I Correctional Institution are divided into two, namely repressive and preventive. Repressive efforts are efforts to deal with after the occurrence of violations committed by convicts and detainees, while preventive efforts are efforts made before the occurrence of violations committed by convicts and detainees in prisons. Consists of: Repressive Efforts: Preventive Efforts: Facilities and infrastructure are still below sufficient to meet the needs of students and not only facilities and infrastructure for convicts and detainees, facilities and infrastructure for workers in prison offices also experience a shortage of equipment to strive for better performance well, to add insight through television is constrained by increasing electricity costs. All service improvements are difficult to materialize without the support of the Government and the Community.

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