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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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Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018 Mohammad Saleh; Susakti Wibowo; Reinhard Yeremia
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.132

Abstract

Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.
Law Enforcement Against Criminal Acts of Online Gaming In The City of Surabaya Flavia Irene Iswahyudi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.133

Abstract

purpose of doing research on law enforcement against online gambling crime is to find out the form of law enforcement, especially in the city of Surabaya. The research method used by the author is a normative research method, the author collects some data to be used to answer the problem formulation, which comes from from laws and regulations, books or literature, journals, and official documents. The results of the study can be concluded that in the enforcement of criminal law, there are two ways in carrying out countermeasures. In carrying out the first countermeasures, using penal law enforcement, and the second countermeasures using non-penal law enforcement. Law enforcement against online gambling uses penal countermeasures, where the process is the same as other criminal acts, starting from the investigation, investigation, to the trial process. In the forms of criminal acts of conventional gambling and online gambling, the contents of the article are not much different. In conventional gambling still uses the traditional way. However, online gambling is much more modern because it uses the internet network and information technology media such as cellphones or laptops. Regulations regarding conventional gambling can be seen in Article 303 or 303 bis of the Criminal Code, while regulations regarding online gambling are regulated in Article 45 paragraph (2) of Law Number 19 of 2016 concerning Electronic Information and Transactions.
The Legal Status of An Individual Company Based On The Copyright Law Linda Setiawati; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.128

Abstract

One of the relatively dominant business entities in economic activity is the type of business entity in the form of a Limited Liability Company. In the case of sustainable development, one of the establishments of a PT which is establishment of a PT is at least 2 (two) people as stated in Article 7 paragraph (1) of the PT Law. It becomes a problem when a PT arrangement can be establishment by one person and then how is the responsibility for shareholders as in an individual company in the mandate of the Job Creation Act. The formulation of the problem proposed by the author is the legal ratio of individua in the Job Creation Act and the legality of the establishment of a limit liability company. The reseatch conducted by the author uses normative legal research using a staturory approach and a conceptual approach ana historical approach. The result of the discussion area ratio legis the birth pf Company individuals in Indonesia is to provide convenience for the development of micro and small business activities to run their business in the form of a leal entity and the establishment of an individual company in Indonesia is legal and legal if all the procedures for establishment are in accordance with those stipulated in Goverment Regulation 9 of 2021 concering the authorized capital of the company and registration the establishment, amandment, and dissolution of a company that meets criteria for micro and small businesses.
Authority of The Notary Honorary Assembly In Construction And Issuance of Recommendations For Inspector Calls Moh. Saleh; Dyah Chandra Kirana
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.136

Abstract

Notaries are public officials appointed by the Government to assist the public in making authentic deeds for civil acts. A position held by a notary has the characteristics that have been regulated in the Law on the Position of a Notary and its Amendments. Notaries are not necessarily immune from the law, it may be possible for him to become a suspect if he fulfills elements and can be prosecuted civilly if he makes a mistake. In the event that the investigator will conduct an investigation of the notary, he will first apply for permission in writing to the regional honorary assembly, which will then be carried out with procedural law procedures in accordance with the Law on Notary Positions. It has been found a case of state administrative law relating to the issuance of a letter of recommendation issued by the honorary assembly of the notary area to be investigated in this legal research. The purpose of this legal research is none other than as a means of increasing knowledge in the field of state administrative law and notary science which is expected to be useful for notaries and legal practitioners. This research is normative legal research using a conceptual approach, legislation and a case approach (referring to a decision that has permanent legal force). The results of this study are: In the framework of the function of supervising the position of a notary, an honorary assembly was formed consisting of elements of the notary, government, and academics. The authority of the honorary assembly is the attribution authority which is an authority born from law. The main task of the notary honorary council is to carry out the guidance of a notary and the obligation to give approval or rejection for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the notary deed or protocol that is in the notary's storage. The legal product issued by the Honorary Council is in the form of a letter of recommendation containing the rejection or approval of the summons of a notary for the purposes of the investigation and judicial process, for taking a photocopy of the minutes of the deed and summoning a notary to attend an examination related to the deed or Notary Protocol which is in the Notary's custody. The legal product is an act of determination that gives birth to a State administrative decision in accordance with the regulations and the AUPB. That the honorary assembly did not immediately give permission for summons, but first a meeting was held with the notary concerned to hear his statement.
Juridical Analysis Comparison of Electronic Civil Code The Role of the Land Frans Thiodoris; Mohammad Roesli; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.137

Abstract

The purpose of this research is a comparative juridical analysis of buying and selling electronic commerce with the Civil Code. The research method uses a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. Research results For people to buy goods online to be more careful so that there is no fraud or deception that occurs in online buying and selling transactions. holding a registration of all activities related to the public interest in electronic traffic, including the registration of electronic businesses in the form of virtual shops or other virtual services and the obligation to register a buyer in a payment system operating company so that the transaction process can run smoothly and not neither party feels disadvantaged. For parties who do not carry out their responsibilities in accordance with the mutually agreed upon agreement, the aggrieved party may be sued civilly to obtain compensation payments as stated in Article 12 of the ITE Law.
Office as Implementing Complete Systematic Land Registration Acceleration in order to realize Fitri Hariadi; Priambodo Adi Wibowo; Ebit Rudianto
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.138

Abstract

The purpose of this study is to determine the role of the land office in the acceleration implementation programcomplete systematic land registration (PTSL). The research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration Article 1 number 2 regarding the meaning of PTSL, namely Land Registration activities for the first time which are carried out simultaneously for all Land Registration objects throughout the territory of the Republic of Indonesia. Indonesia in one village/kelurahan or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several objects of Land Registration for the purposes of its registration. Regulation of the Minister of ATR/Head of BPN Number 6 of 2018 Article 2 point 2 states that PTSL aims to provide legal certainty and legal protection of community land rights based on simple, fast, smooth, safe, fair, equitable and open and accountable principles, so as to improve the welfare and prosperity of the community and the state economy, as well as reducing and preventing land disputes and conflicts. The Sidoarjo Regency Land Office as the executor of PTSL acceleration for the Sidoarjo Regency has made efforts to increase public interest in registering their land, given the complex stages of land registration implementation, and various obstacles in its implementation, but this does not become a barrier for the Sidoarjo Regency Land Office in achieving the target, which can be seen from the achievement of the targets that have been achieved.
Law Enforcement Against Street Crimes During a Pandemic That Occurred In Sidoarjo Agung Kurniawan; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.141

Abstract

The purpose of this research is Law Enforcement Efforts Against Street Crime Period in Sidoarjo. The research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the research In carrying out the prevention of street crime, the Sidoarjo City Police made several efforts, namely with Preventive Efforts and Repressive Efforts. The efforts to overcome street crime are carried out by carrying out patrols carried out by the police, the establishment of Tangguh village posts spread across almost all areas from the RT, RW and Village levels, empowerment of Bhabinkamtibmas, involvement of elements related to handling the pandemic (TNI, Regional Government, BPBD), carry out operations to control the completeness of motorized vehicles, with the application the community can easily communicate with the police, and also the police give mandate to the community if a crime occurs so that they can immediately report it to the authorities. And there are also obstacles What is often encountered by the Sidoarjo City Police is that the public does not understand the dangers of the Covid 19 pandemic and its impact on the increase in crime, by ignoring health protocols and decreasing the level of vigilance for the occurrence of crime. The public's rejection of the efforts / policies taken by the government related to the handling of the Covid 19 Pandemic on the grounds that these policies limit the space for people to find sustenance, as well as the limited number of personnel and finances for the deployment of a humanitarian operation.
Application of The Principle of Good Faith In Selling Disputes of Selling Buying Using Pre Project Selling Moh. Saleh; Rochmad Bayu Setyo Waluyo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.143

Abstract

Selling and buying land is a legal act that gives birth to rights and obligations for sellers and buyers. In carrying out the sale and purchase of land, it is mandatory to be guided by the legal provisions regarding the legal procedures to be followed, and must prioritize the principle of good faith in the bargaining stage up to the payment and sale and purchase agreement. In practice, lawsuits are often found on the attitude of one party that does not reflect the principle of good faith in buying and selling, of course this is against the rule of law and can be detrimental to other parties. This research is expected to be a means for legal scholars to understand the context of the land sale and purchase agreement. This research method used a normative juridical method with a conceptual approach, legislation and a case approach. The conclusion of this study is that in making an agreement, it is necessary to pay attention to fulfilling the elements of Article 1230 BW in the form of a valid condition of an agreement, as well as prioritizing the principle of good faith as the basis for making a land sale and purchase agreement, it should be done before the PPAT, if the land has not been certified, it can be done before the village head. . The process of buying and selling land in accordance with procedures and without any elements of forgery will reduce the level of legal risk in the future, besides the benefits of using the principle of good faith for the buyer, namely the rights of the buyer which are protected by law.
Prosecution of Traffic Violators According to Law Number 22 Year 2009 Moch. Mufied Al'an; M. Hidayat
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.145

Abstract

The 1945 Constitution of the Republic of Indonesia has mandated in article 1 paragraph (3) that our country is a state of law, so let it be law as its commander, especially in an era of democracy that craves law as its main pillar. The purpose of this study is to provide action to traffic offenders. The research method used is normative juridical law research, which is research based on literature study which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the research on the value of our legal awareness penetrate into the conscience and become the needs of every individual, of course in order to anticipate the low value of legal awareness, the government through institutions in charge of law must proactively improve the legal education system for citizens (department of justice through the Pos Komalu program, state police). Republic of Indonesia through awareness programs for security and public order and others), it is hoped that the value of legal awareness of citizens will increase so that they know and understand that if there are legal problems that befall them, they can exercise their rights before the law, especially regarding the issue of Law no. 22 of 2009 concerning road traffic and transportation.
Efforts to Settle Disputes on Employee Severance Pay in Companies According to the Manpower Act No. 13 of 2003 Dela Ayu Septia Monica; Sri Anggraini Kusuma Dewi; Gesang Iswahyudi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.146

Abstract

Disputes or disputes can occur in every human relationship, even considering that legal subjects have long known legal entities, the more parties involved in them. The purpose of this study is to resolve disputes regarding severance pay between workers, laborers and employers. Research Methods The used by the author in conducting this research is using a sociological empirical method. The empirical sociological method is a research that views law as a social phenomenon. Meanwhile, from its nature, this research is a descriptive analysis research. Descriptive method can be interpreted as a problem solving process that is investigated by describing or describing the state of the subject or object of the researcher, namely: a person, institution, community and others, and at the present time based on the facts that appear or as they are. Results According to Article 1 point 16 of Law Number 13 of 2003 concerning Manpower, industrial relations are a system of relations formed between actors in the process of producing goods and/or services consisting of elements of entrepreneurs, workers/laborers, and the government based on values. values ​​of Pancasila and the 1945 Constitution of the Republic of Indonesia. Thus, industrial relations are defined as the relationship between all parties with an interest in the process of producing goods or services in a company. The party with the most interest in the success of the company and in direct daily contact is the entrepreneur or the management with the workers/labourers.

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