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.
Articles
9 Documents
Search results for
, issue
"Vol. 20 No. 2 (2024): September"
:
9 Documents
clear
<![CDATA[Preparation of Law Creating Work Based On Law No. 12 of 2011 ]]>
<![CDATA[Muhammad Ihza Prayogo]]>;
<![CDATA[Evi Retno Wulan]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.237
<![CDATA[The formation of Indonesia laws is stipulated by the 1945 Constitution regarding Article 96 of Law No. 12 of 2011, which emphasizes the importance of public participation in every stage of lawmaking. However, in reality, the process of forming laws and regulations, such as in the case of the Job Creation Law, does not involve maximum public participation. This has led to the emergence of dissatisfaction among the public with the resulting omnibus law concept. To achieve the goals of democracy and social justice, the government needs to improve the participation mechanism by opening up space for public input. This process must be conducted transparently from the planning stage to enactment so that the public feels involved and heard. Without active participation from the public, legal products could potentially be unaccepted and deemed illegitimate. Therefore, efforts to implement omnibus law as a solution to simplify regulations must be accompanied by concrete steps to involve the community. Otherwise, the ideals of legal reform will be difficult to achieve.]]>
<![CDATA[Legal Protection of Doctors As Executors of Conditional Abortions For Rape Victims ]]>
<![CDATA[Indrawati]]>;
<![CDATA[Soetarno]]>;
<![CDATA[Ninis Nugraheni]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/cpcd4k09
<![CDATA[This study explores the historical and contemporary practices of abortion, focusing on the legal and psychological implications for rape victims and the role of doctors as executors. Abortion has been practiced since ancient times using various methods across different cultures. Modern discussions about abortion remain contentious, especially concerning the rights of rape victims who often face severe psychological trauma. The primary objective of this research is to examine the evolution of abortion laws in Indonesia, particularly those providing legal protection for medical professionals. This normative juridical research employs statute and conceptual approaches to analyze laws, regulations, and legal doctrines, connecting them with current positive law to address the main thesis issues. Key findings indicate that Indonesian laws have progressively recognized the necessity of abortion in specific circumstances, culminating in the 2023 amendments to the Criminal Code and Health Law. These legal frameworks aim to protect women's mental health and uphold their human rights, as enshrined in international conventions. The research concludes that although legal provisions for abortion have progressed, there is still a need for improved implementation and support systems to safeguard medical professionals due to lingering ambiguities in the law.]]>
<![CDATA[Factors Hindering Tax Law Enforcement in the UMKM ]]>
<![CDATA[Geby Mailan]]>;
<![CDATA[Reynold Simanjuntak]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.241
<![CDATA[This article discusses the inhibiting factors in tax law enforcement in the UMKM sector in Indonesia, focusing on complex regulations, lack of tax understanding and awareness, and limited use of technology. This study shows that UMKM are often hampered by complicated and frequently changing tax regulations, which leads to uncertainty and confusion in fulfilling tax obligations. In addition, a lack of understanding of the tax system and a low awareness of the importance of tax compliance exacerbate this problem. Not only that, the limitations in the use of digital technology in the UMKM sector also worsen the effectiveness of tax administration. As a result, many UMKM tend to avoid their tax obligations. This study uses a descriptive qualitative approach by examining literature and data from various relevant sources to understand this issue more deeply. In order to overcome these obstacles.]]>
<![CDATA[Causes of the Occurrence of Crime Gambling ]]>
<![CDATA[Muslih]]>;
<![CDATA[Bastianto Nugroho]]>;
<![CDATA[Supolo Setyo Wibowo1]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.243
<![CDATA[The aim of the research is to avoid criminal acts of gambling and to make people aware of how dangerous gambling is and the impact it has on the family. The method used is the problem approach that the authors use is a normative juridical approach. Which means the problems in the field are juxtaposed with the existing legal aspects. Law is conceptualized as what is written in laws and regulations (law in books) or law is conceptualized as rules or norms which are standards for human behavior that are considered appropriate. result b. If viewed from a juridical aspect, the matter of gambling is regulated in the Criminal Code, namely Article 303 and Article 303 bis and strengthened by Law no. 7 of 1974 concerning Controlling Gambling. Until now, the exact rules regarding the prohibition of gambling are still unclear. Judging from this provision, there is actually no prohibition for the public to gamble. In this article, what is prohibited is the holding of gambling without obtaining a permit. While Law no. 7 of 1974 is not a Law on the Prohibition of Gambling, because its contents are regulations for the implementation of gambling (bookies), so that they seek permission to organize gambling. In another sense, gambling is permitted under the law if it has complete permits. Because it is very possible that the maximum fine is imposed cumulatively. Because the burden of proof is placed on law enforcers. In Indonesia, it is indeed not easy to investigate assets resulting from a crime or those that have been laundered. In fact, in various kinds of news lately, many law enforcement officials have played a role, were involved or "backed up" big-name bookies at the national level.]]>
<![CDATA[Juridical Analysis of Criminal Acts of Theft Committed by Children ]]>
<![CDATA[Afrio Dimas Kharismajaya]]>;
<![CDATA[Bastianto Nugroho]]>;
<![CDATA[Sri Anggraini Kusuma Dewi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.244
<![CDATA[This research aims to juridically analyze criminal acts of theft committed by children in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The crime of theft by children is an important issue that requires a special legal approach, considering the behavioral characteristics of minors. In this analysis, a normative juridical approach is used to assess the application of the law in handling cases of theft committed by children, as well as to evaluate the effectiveness and fairness of the juvenile justice system. This study includes an assessment of relevant legal provisions, implementation of child protection principles in the justice system, as well as comparisons with international standards regarding the handling of juvenile criminals. The research results show that although Law Number 11 of 2012 provides an adequate legal framework for handling cases of theft by children, there are challenges in its implementation that require further attention, including in terms of rehabilitation and social reintegration of children's behavior, that the law In general, it is in accordance with the principles of justice for children, but there needs to be improvements in several aspects to increase the effectiveness of protection and rehabilitation. It is hoped that this research will contribute to balancing the juvenile criminal justice system in Indonesia.]]>
<![CDATA[Diversion in the Investigation Process for Children in Conflict with the Law ]]>
<![CDATA[Arianti Putri Purwanti]]>;
<![CDATA[Mohammad Roesli]]>;
<![CDATA[Bastianto Nugroho]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.245
<![CDATA[Objectives of the Research to find out the framework of thought that underlies the implementation of Diversion in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System through Diversion. This research method uses normative juridical. What is meant by normative juridical research type is the research method carried out by focusing on positive legal norms in the form of statutory regulations. In this normative legal research, we will examine statutory regulations that will explain the appropriate form of diversion in resolving children's criminal cases in order to fulfill children's rights. Result Restorative Justice is a Diversion. If the child's case meets the requirements for diversion then the hope of restorative justice can be realized, namely by the success of diversion. Sometimes children's cases do not meet the requirements for diversion in accordance with the Law on the Juvenile Criminal Justice System, even though children's cases lead to restorative justice because the perpetrator and victim have received a fair solution by making peace and can recover as before. If the Diversion efforts are not completed, the child is threatened with punishment so this is not in accordance with the Principle of Deprivation of Freedom and Punishment as a last resort, because there are efforts that could have been carried out or attempted, namely Diversion, but were not carried out because there are restrictions on Diversion in Children's cases in accordance with Article 7 of the Law. -Law Concerning the Juvenile Criminal Justice System. If the Indonesian state does what the Philippine state does, namely applying diversion to every child case, then deprivation of liberty and punishment will truly be a last resort.]]>
<![CDATA[Legal Protection for Children as Perpetrators of Violent Crimes in the Investigation Process ]]>
<![CDATA[Qamariatul Arini]]>;
<![CDATA[M. Hidayat]]>;
<![CDATA[Bastianto Nugroho]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.246
<![CDATA[The aim of the research is to find out what factors influence the implementation of legal protection for children who are perpetrators of violent crimes in the investigation process at the Sumenep Resort Police. Legal research using normative legal research methods in drawing conclusions using deductive thinking methods. Starting with drawing conclusions based on general things to specific things. By comparing primary legal materials and secondary legal materials, problems can be narrowed down from general to specific. Results There are 3 factors that become obstacles in the legal protection of children at the investigation stage. The first is that recidivism is a consideration factor in giving heavier sentences to child offenders. Second, the reporters and/or victims feel that justice is fulfilled if the child perpetrator is detained, tried and imprisoned. Third, the lack of adequate child care places is an obstacle for children to socialize with other children when parents work or are not at home, especially in the Sumenep Police Law area.]]>
<![CDATA[Law Enforcement Against Perpetrators of Desertion by TNI Members in the Military Court Area III-12 Surabaya ]]>
<![CDATA[Imam Wahyudi]]>;
<![CDATA[Adies Kadir]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.248
<![CDATA[The aim of the research is to determine the implementation of the law enforcement process against deserters at the III-12 Surabaya military court. research methods. Research methods Legal research using normative legal research methods. The results of the implementation by the judge in determining the provisions for the perpetrator in this case are in accordance with the elements of Article 87 paragraph (1) 2nd jo paragraph (2) where the judge has considered both the facts at the trial, the statements of the witnesses and the available evidence, as well as the judge's confidence in handing down a decision which will later have a deterrent effect on the defendant, gives fear to the convict and the Soldiers.]]>
<![CDATA[Neglect of Children Perspective of Law no. 35 of 2014 and Law No. 17 of 2016 ]]>
<![CDATA[Slamet Sudarsono]]>;
<![CDATA[Priambodo Adi Wibowo]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55173/yurisdiksi.v20i2.249
<![CDATA[The purpose of this research is to determine the sanctions against perpetrators of child neglect according to Islamic law and Law Number 17 of 2016 concerning Child Protection. The research method for normative juridical research is by examining or analyzing secondary data in the form of secondary legal materials by understanding law as a set of regulations or positive norms in the legal system that regulates the problems in this research. The results of sanctions against perpetrators of child neglect according to law number 35 of 2014 concerning protection are in Law Number 17 of 2016 concerning Child Protection which is regulated in article 76B with sanctions in article 77B.]]>
