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
293 Documents
<![CDATA[The Confiscation of Assets in the Corruption Crime ]]>
<![CDATA[Sulvia Triana Hapsari]]>;
<![CDATA[Abdul Madjid]]>;
<![CDATA[Nurini Aprilianda]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i2.147
<![CDATA[Corruption as an extraordinary crime so that the punishment is the Primum Remedium. Economic Analysis of Law can be used to increase the efficiency of handling corruption crimes (TPK) to provide a level of efficiency and a deterrent effect. The formulation of the problem in this research is how is the economic analysis of law in maximizing the looted assets from the crime of corruption? This research is based on judicial normative. The data were collected using the search method and literature review. Conclusion Based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for perpetrator.]]>
<![CDATA[The Authority of The Supreme Court Over The Articles of Association Or By Laws of Political Parties ]]>
<![CDATA[Widyawati Boediningsih]]>;
<![CDATA[Norma Rahmawati]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i2.150
<![CDATA[The Articles of Association /Budget of a Political Partyor commonly referred to as the AD/ADR Political Party, are the binding rules of the entirety of a Political Party.arising,. The nature of AD/ART is almost the samewith the Rules of the invitations, everything must be subdued to AD/ART. Lately, what happened before the AD/ART of a party, who should resolve it, the Supreme Court (MA) or the Constitutional Court (MK) The two State Higher Institutions, both have the authority to review (Yudicial Review) on the rules of the invitations in the Republic of Indonesia. The Supreme Court has the authority to review the regulations of the lower legislators, while the Constitutional Court re-examines the regulations that are contrary to the 1945 Constitution.Of the two State Higher Institutions ,Who has the authority to review the ad/art of political parties in this case ? In order not to be punished and to keep the punishments , even if there is no inclusion of the rules of the invitees, because they do not include in the hierarchicalature of the regulations of the invitees, then it is expected that the Supreme Court as one of the State Higher Institutions to carry out its Assessment.]]>
<![CDATA[Sole Propriesorship and Limited Liability Company Financial Liabilites To Creditors ]]>
<![CDATA[Suwinto Johan]]>;
<![CDATA[Ariawan]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.94
<![CDATA[The government has issued the Job Creation Law. In the Job Creation Law, micro and small businesses can establish a legal entity company. This company is called a sole proprietorship. The establishment of a sole proprietorship is still difficult to distinguish from establishing a limited liability company based on the Law of the Republic of Indonesia Number 40 of 2007. One thing that becomes the attention of stakeholders is the responsibility of sole proprietorships with limited liability. Stakeholders include creditors of financial institutions. This research uses a normative judicial method. This research object is aims to discuss the disadvantage of sole proprietorships compared to limited liability companies to creditors of financial institutions. The research result is find the differences between a sole proprietorship and a limited liability company. This research concludes that a sole proprietorship with limited liability is the same as that of a limited liability company to creditors of financial institutions. Shareholders are not responsible for ties to individual companies. The board of directors is not personally accountable for respective companies' obligations. A particular company is responsible for relations made on its behalf as a legal entity. Any responsibility includes a credit agreement between the company and a financial institution.]]>
<![CDATA[Juridical Review of Transition of Rights to the Owner or Seller ]]>
<![CDATA[Ammar Rosyadi]]>;
<![CDATA[Mohammad Roesli]]>;
<![CDATA[Priambodo Adi Wibowo]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.140
<![CDATA[Land is a gift from God Almighty, therefore land is one of the supporting factors for livelihoods that are very important for the development of a just, prosperous, and prosperous society. For the sake of the progress of the nation, the Indonesian government made regulations regarding land in Indonesia, on September 24, 1960 a regulation regarding land in Indonesia was promulgated namely the Basic Agrarian Law (UUPA) Number 5 of 1960. One of the ways to achieve legal certainty and certainty of Land Rights is by registering land. The LoGA has regulated it in Article 19 of the LoGA which was then implemented, among others, in Government Regulation No. 10/1961 on Land registration (which was later declared no longer valid and replaced by Government Regulation No. 24/1997 on Land registration. This type of research used the type of research method. qualitative, namely by using a problem approach through a statutory approach. The sources and data collection used in this study are normative. The analysis used in this research is descriptive analysis method. The purpose of this study is to determine the transition rights to the owner or seller of underage land and to find out the legal consequences of the transfer of rights to the underage owner or seller.The results of this study explain that in registering the sale and purchase of property rights that are jointly owned with minors carried out before PPAT is to require a Court Determination because minors are not capable of acting in law with reference to the Criminal Code under the age of 21 years, unless they are married even though they are still under 21 years of age. In addition, the guardian's responsibility for managing the assets of minors, where the guardian acts the same as parents for minors when exercising the guardian's power, is a form of legal protection given to the assets of minors who are under the guardian's management in the form of supervision over the management. items from minors. The suggestion given by the researcher regarding the juridical review of the transfer of rights to the owner or seller of underage land is that there should be a more competent party in handling the task of supervising the responsibilities of the guardian, considering that the needs of children are currently growing and growing. Apart from that, it is imperative that the implementation of protection for minors be further improved.]]>
<![CDATA[Juridical Study on the Criminal Acts of theft by Minors at the Surakarta ]]>
<![CDATA[Supardi]]>;
<![CDATA[Bastianto Nugroho]]>;
<![CDATA[Supolo Setyo Wibowo]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.142
<![CDATA[The purpose of this study is to analyze the punishment for the crime of theft committed by children. under age. 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. The results of the study of the Juridical Study of the Criminalization Conducted by Judges Against the Crime of Theft Perpetrated by Minors in the Surakarta District Court based on Law No. 3 of 1997 concerning Juvenile Court. That the Surakarta District Court Judge has acted in accordance with the applicable laws and regulations, namely the Criminal Code, and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In making a decision, the judge will consider several things, namely: evidence, the fulfillment of the elements of a criminal act, aggravating and mitigating matters, and the presence or absence of excuses and justifications. From these considerations, the judge handed down a decision against the naughty child. The punishment carried out by the Surakarta District Court judge against minors who commit the crime of theft is still far from the maximum penalty that can be imposed, which is in accordance with Article 11 paragraph (1) of Law Number 3 of 1997.]]>
<![CDATA[Juridical Review of Cancellation of Notary Deed ]]>
<![CDATA[Mohammad Roesli]]>;
<![CDATA[Dyah Ayu Septi Arinningtyas]]>;
<![CDATA[Adies Kadir]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.148
<![CDATA[The purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the factors that cause the notary deed to be canceled, namely when the notary is proven to have committed a violation such as an unlawful act, for example in the making of a deed there is an element of coercion from the notary for one party to sign the deed, not reading the deed before the parties and other deed-making formal requirements are violated. by a notary. If it is proven, the notary must provide compensation to interested parties or who feel aggrieved for the deed made by the notary and the notary's responsibility for the canceled deed if one of the parties has defaulted and the notary has fulfilled the formal requirements for making the deed, the notary is not responsible or cannot be charged for the cancellation of the deed. But if the deed is canceled by the judiciary due to the negligence of the notary, then there are two sanctions that can be imposed on the notary, namely criminal sanctions and civil sanctions. Criminal sanctions are not regulated in the Notary Position Act, so that if there is a criminal violation such as the parties providing false information and the notary because of his negligence in pouring the false information into the deed, the notary can be subject to criminal sanctions contained in the Criminal Code. While civil sanctions that can be imposed on a notary is to compensate the parties who feel aggrieved by the deed he made. Compensation that can be borne by a notary in the form of material compensation or real and immaterial compensation or no compensation.]]>
<![CDATA[Legal Consequences of Marriage Agreements Separation of Property Against Calculations Income Tax ]]>
<![CDATA[Siswo Pranoto]]>;
<![CDATA[Widyawatie Boediningsih]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.151
<![CDATA[This study aims to obtain results on the legal consequences of separation of assets in tax calculations and the principle of fairness for tax calculations in accordance with the provisions of the Director General of Taxes. The research method used is normative juridical by using testing techniques through a statutory approach as well as applicable legal theories, concepts and principles compared to the implementation in the field, especially about the method of calculating the separation of assets in accordance with the regulations of the Director General of Taxes and the calculation should be if in accordance with the marriage agreement for the separation of property. The research provides results if using the calculation method in accordance with tax regulations, the couple is still owed tax and / or greater even though each of them has been deducted from income tax and should be nil. And the principle of legal justice that should be obtained by the taxpayer of separation of property on the mechanism for determining taxable income by tax regulations is not to occur because with the deed of marriage agreement for separation of property made before a Notary which is an authentic deed, it should be from the beginning that from the beginning everything is separate including with his property, but for taxes it is not recognized the deed because the income is combined first. ]]>
<![CDATA[Legal Protection To Buyers Through PPJB Condotel ]]>
<![CDATA[suwardi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.153
<![CDATA[The development of a residential property in business so attractive to operators property so that growth is very fast. Accompanied the population growth of it so dwelling that is required quite big so very interesting to handle market by developers because it very promising the property business.The purpose of this study is how the legal protection for condotel buyers using PPJB. This research method uses a normative legal study method that includes writing through the norms published in laws and regulations relating to regulations in the legal process and costs that lead to the implementation of buying and selling through PPJB. with the provisions of the Constitution number 20 of 2011 is expected to be in accordance with the applicable provisions. Results The responsibility of the payment of scope to make good the loss for business operators, namely a. demands based on defaults; and b. demands by all accounts unlawfully if it is associated Loss to the scope of their responsibilities, so any change to the hotel operator in the sphere of responsibility.]]>
<![CDATA[Improving Legislative Performance by Strengthening Authority and Increasing Obligations ]]>
<![CDATA[Shelvi Rusdiana]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.155
<![CDATA[The Regional Representative Council (In Indonesia: DPD/Dewan Perwakilan Daerah) is a government institution formed with noble intentions, to strengthen the representation of regional people so that their issues are fought for in the central government. However, in actual political practice, DPD is constrained by existing regulations in Indonesia, making DPD a legislative body without a clearly defined function and authority, and causing its inability to help increase the output of legislation. The legislature's performance, which increasingly often receives negative comments from the public, is a wake-up call for the Indonesian parliament to improve. This study aims to analyze the legal facts of the chaos of the Indonesian constitutional system that is not optimal in utilizing existing institutions such as DPD. This study also purposes to strengthen the urgency in correcting the mess through legal reform at the constitutional and legislative levels. The normative juridical legal method was used to investigate this matter, which refers to the positive regulations or laws that have been in force in Indonesia, which regulate the Indonesian constitution. As an institution with great potential for assisting the function of the House of Representatives (hereafter called DPR/Dewan Perwakilan Rakyat), DPD has always been neglected by Indonesian constitutional law politics according to this study. This research highlights the problems restricting the Indonesian government in connecting, understanding, and most importantly solving the problems that effect the lives of local communities, and how DPD has the potential to fix if given a better position in the legislation system. ]]>
<![CDATA[Public Listed Companies Takeovers Comparison Under Indonesian and Malaysian Law ]]>
<![CDATA[Maria Ulfah Tidar]]>;
<![CDATA[Kurnia Toha]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v18i3.156
<![CDATA[The current condition of business competion is getting tighter. This causes the company to compete to maintain its existence. One way to do that is by restructuring the company. Takeover is one type of corporate restructuring. Takeover is a legal action carried out by a legal entity or individual to take over company shares resulting in a transfer of control over the company. The purpose of this legal research is to increase knowledge in the field of public listed companies takeovers based on Indonesian and Malaysian Law which can be benefit to legal practitioners. This research is a normative legal research using statutory and comparative approach. The data used in this research is secondary data. The results of the study are a public listed company that undertakes a takeover in not only subject to the laws and regulations regarding limited liability companies, but also must comply with the provisions of the capital market laws and regulation. After the takeover process occurs, the expropriating party must carry out a mandatory tender offer process. There are differences in terms of public listed companies takeover process between Indonesian and Malaysian Law including the requirements to become a new controller, minority shareholder rights, and takeover’s impact regulation on business competition.]]>
