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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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Tax Collection Authority for Hotels Aboard Tourist Boats After Law Number 1 of 2022 and Law Number 7 of 2021 Hendra Kurniawan; Emir YusufInspiration; Tia Rizkya DilbarSumadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 1 (2023): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i1.184

Abstract

ABSTRACT This research was conducted with the aim to find out how the regulations related to the authority to collect taxes on hotels on board tours after the issuance of the HKPD Law and HPP Law. Taxes on hotels aboard tour boats so far have created a separate polemic regarding the authority of the tax collection agency authorized to collect this type of tax, namely, whether it is a Regional Tax which is the authority of the Regional Government or is it the Center which is the authority of the Central Government, this is because there is an object that is the same wedge between the hotel tax on the tour boat and the VAT on the tour ship itself. Where in Law Number 28 of 2009 it has not been specifically regulated regarding whether staying on a tour boat is part of the hotel tax. For hotels on board tours it is more appropriate to be collected by the Regional Government. In the preparation of laws related to local taxes in the future, to include hotel tax coverage from a more substantive point of view and includes the nature of the accommodation services business itself, which in the future will likely be very transformative, not only on ships, but also by train, car and other modes, for this reason, it is better not to be limited by a limited scope.
Authority of The State Administrative Court In Handling And Resolving Land Cases Gunawan; Hendri Darma Putra
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 1 (2023): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i1.185

Abstract

lawsuit/dispute, because this concerns the authority of the judicial body, such as the authority of the State Administrative Court related to handling and resolving land disputes. Therefore, the purpose of this research is to analyze and find out about the authority of the Administrative Court in handling and resolving land cases. This research method is normative juridical. Normative juridical is a method in normative legal research that analyzes secondary data. The secondary data is then analyzed in a qualitative juridical manner. The result of this study are as follows: The authority of the State Administrative Court in handling and resolving land cases is more about the correctness of formal administrative procedures, not authorized to hear “cases of ownership of land rights”, which are civil in nature, even though the land has been certified.  
Disharmonization of the Implementation of Specific Organizational Units at Regional General Hospitals with Regional Public Service Agency Hospital Management Arif Rahman Nurdianto; Asmuni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.182

Abstract

The implementation of the Special Organizational Unit (UOBK) is still not in accordance with the governance of the BLUD system, reinventing government, the principles of simplification of the bureaucracy, and good government. Based on the authority theory, the UOBK RSUD director must be responsible for, and coordinate with the Kadinkes for all implementation, services, finances, or staffing, this is done because the Kadinkes is the direct supervisor or SKP who is responsible to the Regent. In addition, the director is a budget user power (KPA) who is given some authority by the Kadinkes as the budget user (PA). From the point of view of State Administrative Law and BLUD, Article 1 of Law No.1/2004 concerning the State Treasury and Government Regulation (PP) No. 23 of 2005 and the revision of the Hospital Law No. 44 of 2009 has been implemented by the hospital, namely that it must become a BLU so that it can make the hospital professional, transparent, accountable and implement entrepreneurship in public services. In terms of good governance, operational guidelines must be formed so that the implementation of Article 3 of Law Number 25 of 2009 concerning public services is the realization of clear boundaries and relationships regarding the rights, responsibilities, obligations, and authorities of all parties related to the provision of public services at UOBK BLUD RSUD must go according to the General Asan Principles of Good Governance. For this reason, it is necessary to implement a whole government between the Ministry of State Civil Apparatus Empowerment and Bureaucratic Reform, the Ministry of Home Affairs, the Ministry of Health, and the State Civil Service Agency as the leading sector in the Bureaucratic Trimming Policy in PP 72 of 2019.
Urgency of Regulation of Business Judgment Rule As A Reason For Criminal Deletion In Criminal Acts of Corruption Tohom Hasiholan; Abdul Madjid; Nurini Aprilianda; Adi Kusumaningrum
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.186

Abstract

State-Owned Enterprises are business entities whose capital is wholly or substantially owned by the state through direct participation originating from separated state assets. The Board of Directors is responsible for the business activities of the company as stipulated in Article 97 paragraph (1) of the Limited Liability Company Law, so that any decisions cannot be taken without taking into account the elements of prudence and applicable regulations. The purpose of establishing BUMN is to pursue profits, while in making decisions BUMN directors are often faced with decisions that are fraught with the risk of loss or bankruptcy so that a legal umbrella is needed for BUMN directors to relieve the responsibility borne by directors or what is known as the Business Judgment Rule. This study aims to determine the urgency of setting the Business Judgment Rule as a reason for eliminating criminal acts of corruption and this research uses juridical research methods. The research method uses normative juridical research with two approaches, namely the statute approach and case approach. Business decisions that are protected by the principles of the Business Judgment Rule are business decisions taken based on good faith and the principle of prudence. The existence of this principle will make the directors have no doubts in making business decisions because the principle of the Business Judgment Rule is an excuse if in the future there are things that must be accounted for by the directors.  
Problems of State Civil Apparatus Governance Centralistic In Law No. 5 of 2015 Concerning State Civil Apparatus Ahmad Azharil; Daly Erni
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.187

Abstract

The existence and role of state civil apparatus in the field of public services has a strategic position if without the role of state civil apparatus,the state's obligation to serve its citizens will not be carried out. The problems faced in the implementation of public services include the organizational management system that has not been maximized, the occurrence of disciplinary violations committed by state civil apparatus, poor performance, poor quality of public services provided, a lot of overlapping state civil apparatus, not maximally provided by the state, and Often there is the implementation of tasks that are not in accordance with their duties and responsibilities. At this time, the election of regional heads is a source of problems for mutations on a large scale, usually the elected regional heads make changes in the form of changing and decreasing positions to changing the workplace of an state civil apparatus. Then how is the governance of the state civil apparatus centralized and how is the merit system in managing the state civil apparatus. The research method used in this study uses qualitative methods, namely a research method by means of interviews, observation, documentation in collecting data, then on the data that has been found a data analysis will be carried out. According to the Indonesia State Civil Apparatus Act Law, the state civil apparatus recruitment system in Indonesia is inappropriate for regional head officials to transfer state civil apparatus for political reasons, based on proximity and others. If the regional head transfers his state civil apparatus without paying attention to the regulatory aspects, then a regional head has violated the law. The implementation of state civil apparatus governance in Indonesia is currently regulated by many rules, so that the legal rules for state civil apparatus governance support strongly. However, in terms of substance there are still many problems. There are so many rules that are not considered by regional head officials in transferring or promoting state civil apparatus.
Settlement of Disputes over Rice Field Land Ownership Rights Due to Unauthorized buying and selling Wahyu Prawesthi; Mohammad Dwi Febriyanto; Fajar Rachmad Dwi Miarsa
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i2.190

Abstract

Rice field land is a general term such as forest land, plantation land and so on. All kinds of soil can be cultivated as long as it has sufficient water availability. Problems with land are quite serious. So that handling must also be done seriously. Both through prefective means, namely by providing understanding by related devices or institutions and by repressive means or resolution due to disputes. In this way, it is hoped that the community can understand the validity of buying and selling land and its settlement. So that rice field land disputes due to buying and selling do not have an impact on agricultural activities. This study uses a type of normative juridical legal research, namely legal research conducted by examining primary legal materials in the form of laws and regulations and secondary legal materials or legal materials in the form of supporting library materials for primary legal materials. The buying and selling process is legally valid if material conditions are met. In relation to the rules governing the authority and competence of the parties, as well as the fulfillment of conditions by the buyer to become the holder of the right to the purchased land. The validity of buying and selling paddy fields is the same as buying and selling land in general. The sale and purchase of paddy fields is canceled if it can cause a reduction in the minimum limit of agricultural land ownership. Dispute resolution can be done through litigation and non-litigation resolution. The advantage obtained when using litigation settlement is that it has definite legal force and is final.
Money Laundering and Corruption Reda Manthovani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Crime is a term that contains a basic understanding in the science of law, as a term formed with awareness in giving certain characteristics to criminal law events. Money laundering or money laundering as a crime has been the focus of attention since the 1980s, especially in the context of crime of drug trafficking (psychotropics and narcotics). The problem of money laundering was only declared a crime by Law Number 15 of 2002 concerning the Crime of Money Laundering which was legalized and promulgated on April 17 2002. Law Number 15 of 2002 Article 2 concerning Money Laundering is an act that aims to hide or disguise the origin of money or assets obtained from the proceeds of crime which are then converted into assets that appear to originate from legitimate activities. Understanding the Money Laundering, Financial Action Task. The Force on Maney Laundering (FATF) formulates that money laundering is the process of concealing or disguising the origins of proceeds of crime. The development of corruption in Indonesia is in a dangerous stage. If we compare corruption in Indonesia to a disease, corruption in Indonesia develops in three stages which are elastic, endemic and systematic. In addition to its transnational crimes, corruption is also referred to as an extraordinary crime. Corruption in Indonesia has spread throughout the government and all layers of society so that efforts to eradicate corruption are still faltering, especially with resistance by parties whose interests are disturbed by the agenda of eradicating corruption. Corruption and money laundering have a very close relationship. This can be clearly seen in Article 2 paragraph 1 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Launderin.
Implementation of Criminal Law in Indonesia Reda Manthovani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

The criminal law system is a procedure used to uphold the rule of law and restore order as a result of crimes – acts against the law, committed by mistake, and deserving of punishment. The research method used in this paper is normative juridical law research, namely legal research conducted by examining library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The purpose of this paper is to examine the implementation of the criminal law system in Indonesia. As for the results of the study, it shows that in the criminal system, sanctions are imposed if a person fulfills the elements of a criminal act as evidenced by the presence of malicious intent (mens rea) from the perpetrator.
The Basic Understanding of Economic Crime Reda Manthovani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 2 (2021): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Economic crimes are part of criminal law but have specificity. In Indonesia, the promulgation of economic crimes is relatively new because it has only become known since the promulgation of Emergency Law No. 7 of 1955 concerning Economic Crimes. The umbrella regulations for economic criminal law in Indonesia are contained in Law No. 7 of 1955 and other regulations governing the economic sector outside of Law No. 7 of 1955. The consequence is that the meaning of economic crimes can be divided into narrow meanings/ Limited and broad meaning. The term economic crime which is known in Indonesia when viewed from the substance of Law No. 7 of 1955 seems closer to or can be included in the term economic crime in a narrow sense. This is due to the fact that the law contains substantially only provisions governing a small part of overall economic activity. The development of science and technology has also given rise to business actors, which were previously carried out individually, but have developed in the form of business groups that join together in the form of corporations, both legal and non-legal entities. Clarke uses the term business crime. This term includes criminal acts related to and occurring in trading, financial, banking and taxation activities. Clarke has expanded the notion of business crime, namely an activity that (always) has the connotation of legitimate business and is not identical with the activities of a criminal syndicate. Economic crime is one of the forms and dimensions of the development of crime which is currently the center of attention and concern for the international community. This is proven by the many resolutions of the United Nations concerning this problem, for example one of the reports of the VIIth United Nations Congress reported that crime as a social problem arises due to economic factors.
The Implementation of Environmental Law Protection in Indonesia Reda Manthovani
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.v17i4.196

Abstract

The current condition of environmental law enforcement is not as expected. Environmental problems tend to accumulate, become complicated and even lead to threats to peace. Environmental law enforcement is still a bureaucrat/government discourse, not yet leading to concrete action. The government has also not synchronized economic, social and ecological elements in every development policy, so it is seen that many policies issued by the government are detrimental to environmental interests, such as the issuance of Government Regulation No. 1 of 2004 concerning the policy of granting mining concessions in protected forests, to 13 mining companies, where this provision is contrary to Law no. 41 of 1999 concerning Forestry which prohibits mining activities in protected forests. The lack of success in enforcing environmental law is also due to irregularities in the process of enforcing environmental law, this can be seen in the application of Article 30 (2) of Law no. 23 of 1997 concerning Environmental Management which states that the settlement of disputes outside the court as referred to in paragraph (1) does not apply to environmental crimes as stipulated in this law or in other words to environmental crimes cannot be resolved through ADR , but in practice the provisions of Article 30 (2) of Law no. 23 of 1997 concerning Environmental Management is often violated or deviated. From criminal politics, the increase in criminal acts in the environmental sector is due to, among other things, development projects and programs that are planned and implemented at the local, regional and national levels, ignoring/not paying attention to environmental factors, not based on accurate research and estimates of developments or crime trends both now and in the future. the purpose of this research is to find out how far the implementation of environmental protection laws is.

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