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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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The Effectiveness of Expansion of The Working Area of Land Deed Officials Related To Electronic Land Services Lingga Felani; Miftakhul Huda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i3.157

Abstract

Fulfillment of legality in legal relations and legal actions in the private sphere, the authority is given to public officials who are called PPAT. In terms of carrying out the duties of the PPAT, the aim is to provide a deed as evidence of a special legal action relating to land and buildings. To maximize this goal, the Government Regulation concerning PPAT Position Regulations was enacted in which there was an expansion of the working area into a provincial area and the convenience of electronic land information services. The existence of such expansion cannot be applied by PPAT. The formulation of the problem in this study is the effectiveness of the expansion of the PPAT's work area related to electronic land information services and the criteria for expanding the PPAT's work area that reflect legal certainty. The research method in this paper is normative juridical research. The research results obtained from this writing are that the expansion of the PPAT work area based on electronic land information services cannot run effectively because there is no coordination between Land Offices in other regions, differences in values in the application of BPHTB and no regulation regarding technical legal actions related to land in other work areas against PPAT and other parties.
Study of Morality And Human Rights On Former Corruption Prisoners Who Become A Prospective Regional Head Sulistyani Eka Lestari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 3 (2022): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i3.160

Abstract

After the Constitutional Court's Decision No. 56/PUU-XVII/2019 which provides a legal loophole for former corruption convicts to become candidates for Regional Head, there is a polemic in its application and the integrity of the law itself, distancing the function of law as a tool that can be used as a deterrent effect for a crime. The dialectic between the political rights guaranteed by the Constitution which is firmly held by ex-convicts is very contrary to the teachings of morality taught by Immanuel Kant. The study of morality always prioritizes behavior based on inner truth, not because of external factors or in this case while the law allows, which makes humans far from the inner truth itself. This study uses a normative juridical law research with a legal approach and a conceptual approach. The results of this study indicate that the Constitutional Court's decision places the law above morality, by setting aside something that must be owned by the Regional Head, namely a balance between attitudes and behavior. Furthermore, according to the concept of democracy, the state actually has the right to totally limit the political rights of former convicts of corruption not to go forward again or to abolish them completely, in order to guarantee the integrity of the Government from corrupt actors in the future and also to make the law a function of deterrent effect and the last remedy in enforcement, but in fact the state does not implement it, the state prefers to give access to ex-corruption convicts to advance to become candidates for regional heads on the legal basis of this decision.
Discrimination On The Immigrants: Migration Venezuelan To The Colombia Yordan Gunawan; Arqam Muhammad Amrullah; Muhammad Fauzi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.88

Abstract

Venezuela is facing a severe economic, political, and social crisis, with acute shortages of food, medicine, and other basic goods. At the same time, large numbers of Venezuelans left the country to migrate, causing Latin America to be hit by a massive migration crisis that never happened before. On the other hand, the Venezuelan population who migrated, especially to Colombia, experienced discrimination. Covid 19 is also making the Venezuelan conditions worsen, along with shortages of food, medicine, and health, as well as access to social services. This research aims to analyze various aspects of the Venezuelan immigrant crisis in recent years. Emphasis is placed on the importance of regional migration issues and the participation of the international community. The research used normative juridical legal research methods. The main points of this research are: a) The main social, economic, and political factors related to the humanitarian crisis, especially discrimination and migration issues in Venezuela; b) Venezuelan Migration and Refugee Issues; c) Response and participation of the international community, with particular emphasis on the activities of the European Union, the United Nations, and Latin America, in particular, Colombia. The results of this research are the discrimination that refugees from Venezuela receive due to the lack of funds they must migrate due to a corrupt government which results in them looking for easy and inexpensive alternatives to flee to other countries.
Transfer of Agricultural Land Function in relation to Spatial Law on Yusuf Efendi; Mohammad Roesli; Asep Heri
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.139

Abstract

The purpose of this study is to analyze the legal procedures for permitting land use change in the perspective of administrative law. space, in terms of reviewing positive law and the strength of the influence of laws and regulations, reviewing positive law in terms of legal effectiveness. 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. Thus, this research refers to the laws and regulations with a descriptive analytical discussion, which focuses on solving actual problems by collecting legal materials, compiling, classifying, and then analyzing them. Agricultural land products have received protection in accordance with the ratification of Law no. 41 of 2009 and this is also reinforced by Presidential Regulation No. 59 of 2019 concerning controlling land use change, but in reality population growth and the need to live together with development are rife being built regardless of the concept of being environmentally intelligent. but in concept the existing legal regulations are still based on large entrepreneurs with high production capacity which suppress the compulsion of rural farmers who are far from government administration.
Justice And Tax Benefits of Msmes In Government Regulation No. 23 of 2018 Reinhard Yeremia; M. Hidayat; Handyka Prayogi Lesmana
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.144

Abstract

Tax collection is a function that the state must carry out for the welfare of the people. Every tax levy must be based on law. Thus the tax must have a clear legal basis and its implementation should not be carried out without a legal basis.To achieve the target of state revenue, the government agreed to sign Government Regulation of the Republic of Indonesia No. 23 of 2018 (PP 23) concerning income tax on income from business received or obtained by Taxpayers with Certain Gross Circulation. Through this Government Regulation, entrepreneurs and SMEs who have income of less than Rp. 4.8 billion in one tax year can pay a tax of 0.5 percent of their gross turnover. The aspect of justice is one of the cons that is often highlighted considering that the PPH 23/2018 income tax is included in the final tax. This is the MSME tax which is final. Regardless of whether the final result of the taxpayer's business is profit or loss, as long as the taxpayer has a turnover, the taxpayer must pay taxes. The type of research in this research is normative juridical law research, which is research based on literature study. Found through a good arrangement, PP 23 of 2018 is a form of partisanship of the state in the field of taxation for the community. MSMEs are given leeway in calculating their taxes, which are half a percent of the gross turnover each month. In addition, PP 23 was made to encourage the public to participate in formal economic activities, by providing convenience and more justice to taxpayers. Government Regulation no.23 of 2018 is expected to be able to support Tax Collection and expand the taxation database, as well as support policies that strengthen the national economy.
The Role of Cadastral Surveyor in Land Measurement in Complete Systematic Land Registration in Semarang City Fairus Augustina Rachmawati; Ana Silviana
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.166

Abstract

In guaranteeing legal certainty to holders of Land Rights (HAT), what is called land registration is carried out as a form of implementation carried out by the Government. Land registration itself is regulated in Government Regulation Number 24 of 1997 concerning Land Registration. At the land registration stage, a physical and juridical data collection process is required wherein the physical data collection is carried out by the measuring officer or a Licensed Cadastral Surveyor. So that in this study aims to find out more about the role of the Licensed Cadastral Surveyor in the process of measuring land parcels in the Complete Systematic Land Registration program in Semarang City and the regulations governing the role of the Licensed Cadastral Surveyor in terms of measuring land parcels. This study used qualitative normative methods with data collection techniques using library research and observations made in Sampangan and Bendan Duwur Villages, Semarang City. The results of the study show that the role of the Licensed Cadastral Surveyor in the Complete Systematic Land Registration conducted in the City of Semarang is very important in measuring land parcels and collecting data by always paying attention to the Delimitation Contradictory Principle. Regulations regarding Licensed Surveyors are guided by the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the Republic of Indonesia Land Agency Number 22 of 2016 and Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 9 of 2021 concerning Licensed Surveyors.
Decree of the President of the Republic of Indonesia No 55/M of 2020 Concerning Termination and Appointment of Membership No After the Supreme Court Decision Number5P/HUM/2021 Novi Hamzah; Widyawati Boediningsih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.167

Abstract

The purpose of this research is to find outpositionNO as an independent institution after the Decision of the Supreme Court Number 5 P/HUM/2021 and the Decision of the Supreme Court Number 5 P/HUM/2021 against the Decree of the President of the Republic of Indonesia No. 55/M, this research method uses normative juridical issues through law by looking at legal norms in force, also aims to reveal the truth in a systematic and consistent manner. Research results The validity of a decision and/or can be seen from 3 aspects, namely authority, procedure and substance which can be tested based on laws and regulations, AUPB, court decisions, and whether or not there is a juridical defect. So that decisions or actions of government administration are declared invalid if they are wrong in terms of authority and declared null and void if they are wrong in terms of procedure and/or substance. Supreme Court decision number 5P/HUM/2021 considers the MENKES Regulation a form of government interference in KKI, so Permenkes Number 81 of 2019 concerning Amendments to Minister of Health Regulation Number 496/MENKES/PER/V/2008 is null and void by law including the Decree of the President of the Republic of Indonesia No 55/M of 2020 regarding the appointment of KKI members for the period 2020 to 2025
The Concept of Fairness In The Principle of Decency Reviewed From Business Ethics In Business Contracts Sudargo Tandiono; Tanudjaja
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.168

Abstract

Business agreements are often made only for the benefit of one party so that one party benefits and one party is harmed which only continues to put forward the principle of pacta sunt servanda. It is as if freedom in making a contract is final and absolute without anyone being able to intervene in the contract. This research has the basic purpose of reviewing business agreements judged by the implementation of business ethics as a reasonable consideration or not of a business agreement. The research method used in this study is a normative juridical method with a statute approach. Based on the results of existing research, the principle of propriety is closely related to the reasonableness of the contract agreement. Business agreements are basically formed not only based on consideration of legal provisions but also pay attention to business ethics. So business ethics can be applied as an indicator of the reasonableness of a business contract for the achievement of fairness.
Law Enforcement In Responding To Social Media User's Provocation That Results In Competitive Fights Randy Krisna Putra Mandelly; Tanudjaya; Nynda Fatmawati Octarina
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.169

Abstract

This study aims to determine the role of law in Indonesia in tackling cases with provocation types on social media. Like the provocation that occurs on social media, it triggers a fight. In this study, the authors review the negative side of social media in throwing provocations which result in duels, because duels are fights in physical or verbal contact involving 2 (two) different individuals to duel to resolve problems between the two. In conducting research, the author uses a normative juridical approach using laws and regulations as study material. With reference to Law no. 19 of 2016 and Articles 182 – 183 of the Criminal Code are expected to be able to answer questions regarding problematic. The purpose of this study is to reinforce the rule of law in social media provocations which are expected not to recur, This research is a normative juridical research method that originates from written regulations in the form of statutory regulations in the positive law applicable in Indonesia. As well as the authors use descriptive research, where the authors will provide studies and an overview of law enforcement in social media and implementation in the real world by measuring the policy of imposing criminal penalties against perpetrators of duel fights.
Juridical Analysis For Mediationland Dispute Resolution Nanin Oktaviani; Habib Adjie
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 4 (2023): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i4.170

Abstract

This study aims to find out whether the results of mediation can be accepted as a settlement step and what are the legal consequences of the results of this mediation. The research method used is empirical juridical, namely by comparing legal facts with the theoretical basis of law and applicable legislation. Based on the results of the research, the following results were obtained: 1) As a mediator function, based on Permenag Number 11 of 2016 concerning Settlement of Land Cases, ATR/BPN can resolve land ownership disputes through mediation, only for disputes that do not involve ministries, the results of mediation are taken from dispute resolution can be considered final and binding, and to have legal force, a peace deed is better madein front notary official and afterwards the deed is registered with the District Court; and 2) the legal consequences of the mediation results that have been registered with the District Court are the legal basis for the Head of the local ATR/BPN Office to change or repair the disputed land certificate as an effort to provide protection and legal certainty.

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