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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 5 Documents
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Search results for , issue "Vol. 20 No. 3 (2024): December" : 5 Documents clear
Law Enforcement of the Crime of Trafficking of Imported Drugs That Do Not Have a Distribution Permit Aryzha Fitri Founda Wahyudi; Bastianto Nugroho; Supolo Setyo Wibowo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.161

Abstract

The research aims to find out what efforts can be made to prevent losses and what liability must be borne by business actors for consumers for the use of drugs. The research method using the normative juridical method is to describe based on legal provisions and legal facts that apply in the wider community and the problems discussed are based on the facts that occur in society. The results of research on drug business actors are liable for consumer losses. Lawsuits can be filed based on default or unlawful acts. Lawsuits based on defaults are very weak because they require a contractual relationship between the parties so that only parties bound by a contract can sue each other. Thus, the producer can refuse responsibility on the grounds that there is no contractual relationship between the parties. However, the producer cannot simply escape responsibility because there are still other legal remedies, namely lawsuits for unlawful acts that do not require a contractual relationship between consumers and business actors. The proof system used in this business actor's liability is regulated in Article 28 of Law Number 8 of 1999, namely using a reverse proof system. Consequently, it is the business actor who proves whether there is a mistake in him or not.
Legal Review of Siri's Marriage Based on Law Number 1 of 1974 Concerning Marriage Yossi Aries Prasetya; M. Hidayat; Handyka PrayogiLesmana
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.164

Abstract

Marriage is a living together of a man and a woman who fulfill the conditions included in the regulation. The purpose of the research is to describe and identify the legal review of siri marriage and to know and analyze the legal consequences of siri marriage according to Law Number 1 1974 concerning Marriage. The research method uses the legal sociological juridical method, which means a research approach that studies the influence of society on law. The results of this research are unregistered marriages or marriages between a man and a woman that are not announced and without the presence of wedding witnesses, carried out without being registered with the marriage registrar with the aim that the general public will not know about them. The legal consequences of the perpetrators of unregistered marriages, That legally, unregistered marriages are invalid if there is no legal record, as explained in Law Number 1 of 1974 as amended by Law Number 16 of 2019 concerning Marriage. Unregistered marriages have many negative impacts on women (wives) and children.
Causes of the Occurrence of Crime Gambling Fajar Kesuma Derawan; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.257

Abstract

The purpose of this research is to try and make people aware of the dangers posed by gambling. The research method uses normative juridical, based on the literature and case studies in the field related to the causes of the crime of gambling. The results of the development of Indonesian people's lives (Das Sein) can change legal arrangements regarding gambling from illegal to legal (Das Sollen) with certain conditions, namely that society must compare the impacts that will be caused by gambling and also prevent society from bad traits and will harm society itself. In order to reach crimes obtained from gambling, it seems that law enforcers in Indonesia must be brave in carrying out raids on gambling locations, so that objects obtained from crimes from gambling are either in the form of objects or valuables. In addition, law enforcers must order the payment of a sum of money to the perpetrators and players and bandits involved in gambling in terms of property previously confiscated. The amount of money that must be paid is balanced with the value of the object that should be seized.
Juridical Review of The Crime of Attacking The President's And Vice-President's Honest And Dignity In The 2023 KUHP Kartina Pakpahan; Elvira Fitriyani Pakpahan; Guntur Hutagalung
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.259

Abstract

The article's regulation in the Bill of the Criminal Code regarding acts of attacking the honor and dignity of the president has been criticized. Some articles are considered to have the potential to threaten the right to freedom of expression and freedom of the press, which are part of the human rights guaranteed by the Constitution. On the other hand, legislators also have a raison d’etre as the urgency of regulation. This study aims to explore in depth the significance of the substantial regulation of the articles, as well as to examine some potential conflicts with the right to freedom of expression and freedom of the press. This study is a type of normative legal research, with data analysis methods carried out with a qualitative approach to secondary data. The results of the analysis show that the articles concerning acts attacking the honor and dignity of the president or vice president still needed/urgent to be re-formulate in the Bill of the Criminal Code. However, it should be noted that it is necessary to adjust some of the explanations of the articles. In addition, the general construction of these articles cannot be said to have violated human rights principles related to the right to freedom of expression and freedom of the press. However, there should be an assurance that protecting the freedom of expression and freedom of the press still needs to be emphasized in the Bill of the Criminal Code. So far, the reality shows that there are still poor implementations in law enforcement related to some articles, such as articles on contempt.
Criminal Law Enforcement Against Environmental Pollution Caused By Electronic Waste Moch. Ainul Chodri; Sri Anggraini Kusuma Dewi; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.260

Abstract

The purpose of this research is to find out the elements of environmental crime due to electronic waste pollution based on legislation No. 32 of 2009 concerning the Protection and Management of the Environment and the application of environmental criminal law sanctions against perpetrators of environmental pollution due to electronic waste. This research method uses research normative, based on literature and case studies in the field related to environmental criminal law enforcement related to environmental pollution due to electronic waste. The results of research on the formulation of elements of environmental crimes due to environmental pollution of electronic waste, until now have not been specifically regulated in regulations even though the impact of electronic waste is very dangerous for the environment. Electronic waste, according to law and regulations No. 32 of 2009 concerning Environmental Protection and Management, is classified as Toxic and Hazardous Materials (B3), for the handling of electronic waste must require specific e-waste management policies and regulations.

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