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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 293 Documents
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Delegation of Authority for Secondary Education Management Aspects of Regional Assets / Property at the East Java Provincial Education Office Siswoko Andianto; Widyawati Boediningsih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.112

Abstract

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.
Polemic of the Application of Electronic Certificates in Indonesia Lintang Kalbuhardi; Khunsul Yaqin
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.113

Abstract

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.
Cancellation of The Marriage Agreement Dedicated After The Marriage is Conducted Habib Adjie; Benny Aji Prasetyo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.114

Abstract

Marriage aims to form a happy, eternal, and conscious family without pressure. From a marital relationship, rights and obligations, including property, are regulated in the marriage law. For certain couples, marital property needs to be separated and a special agreement is made that regulates the separation of assets and obligations of both partners. In the case that it was found that there was a couple who made a separation agreement made after the marriage took place, there is a fact that the agreement was requested to be canceled for various reasons from the plaintiff. With these facts, the purpose of this study is to examine the legal aspects of the cancellation of the marriage agreement made after the marriage took place. This research method used a normative juridical method with a conceptual approach and legislation. The conclusion of this study is that marriage is a form of relationship between a man and a woman with the aim of forming a family, that it is undeniable that marriages are carried out between Indonesian citizens and foreigners and this is that there are legal differences that apply to men and women in mixed marriages because of differences in nationality. . In mixed marriages, there will be things regarding property that are different from marriages between Indonesian citizens and Indonesian citizens. The marriage agreement made by the couple before the marriage can be in the form of an authentic deed made before a notary as a public official, if the marriage agreement is made after the marriage it will result in null and void.
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.

Page 10 of 30 | Total Record : 293

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