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[E-Commerce as a Source of Cyber Crime ]]>
<![CDATA[Reda Manthovani]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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<![CDATA[E-commerce is a type of electronic business mechanism that focuses on individual-based business transactions using the internet (digital network-based technology) as a medium for exchanging goods or services between two institutions (B to B) and institutions to direct consumers (B to C). The aim of this research is the effectiveness and efficiency of electronic transaction law in Indonesia. The research method used is normative juridical with a statutory approach using primary and secondary legal sources, the results show that crimes committed through online networks are either online auction fraud, check fraud, credit card fraud, trust fraud, identity fraud, pornography. children, and others cannot be dealt with firmly so that these actions can damage the business climate. So it could be said that our legal system has not been effective in preventing cyber crime.]]>
<![CDATA[Juridical Reviewlegal Protection of Employees Subject To Termination ]]>
<![CDATA[Kiko Chandra Dwiwardana]]>;
<![CDATA[Mohammad Roesli]]>;
<![CDATA[Bastianto Nugroho]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.199
<![CDATA[The purpose of this research is to find out the legal arrangements for termination of employment (PHK) according to Law no. 11 of 2020 Concerning Job Creation. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. As a result, a worker is given protection or a job loss guarantee in accordance with Article 28D paragraph (1) of the 1945 Constitution. This job loss guarantee is also regulated in the Regulation of the Minister of Manpower of the Republic of Indonesia number 15 of 2021 where it states that Job Loss Benefit is social security given to workers who experience layoffs in the form of cash benefits, access to job market information, and job training. The protection given to workers aims to achieve the rights that workers will receive. And this can be a reference for workers if one day they lose their jobs. And the reason why workers are given protection is to minimize the unemployment rate that occurs in Indonesia. If a company/employer wants to terminate their employment relationship with workers, the impact on the company is that the company must provide severance pay, compensation for years of service, and compensation for rights to workers in accordance with applicable laws and regulations.]]>
<![CDATA[Cancellation of A Defective Deed of Grant By Law Because The Object Granted Was Not Made Before A Notary/PPAT ]]>
<![CDATA[Jessica Sim]]>;
<![CDATA[Sri Laksmi Anindita]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.200
<![CDATA[This research analyzes the cancellation of a gift deed which is legally flawed because the object being gifted was not made before a Notary/PPAT in the case study of the Kupang District Court decision number 298/PDT.G/2021/PN KPG. One way for someone to legally transfer their rights is by gift by making a gift deed before a Notary/PPAT. If the object being donated is land, then the grant transfer process must be carried out through PPAT. In this case, the Notary/PPAT concerned did not read and sign the deed which should have been carried out in the presence of the presenters and witnesses at the same time so that the deed did not become legally defective. This research uses normative juridical research methods that are analytical descriptive with secondary data. The legal materials used in this research are divided into three, namely primary legal sources consisting of civil law books, secondary legal sources consisting of law journals and tertiary legal sources consisting of legal dictionaries. The data analysis method used in this research is qualitative, namely the data is arranged in the form of a narrative. The deed of gift made by a Notary/PPAT is legally flawed which causes the deed to be null and void. The Notary/PPAT's actions can be held accountable administratively and civilly with sanctions in the form of a written warning and compensation.]]>
<![CDATA[Efforts to Solve Absenteeism by Employees at Companies According to the Labor Law Number 13 of 2003 ]]>
<![CDATA[Fuvut Wardani]]>;
<![CDATA[Sri Anggraini Kusuma Dewi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.158
<![CDATA[The aim of this research is to describe and identify regarding an in-depth study and ensuring that there are no acts of absenteeism in accordance with the Labor Law Number 13 of 2003. This research method uses normative juridical which means that what is produced is deviation not from theory, namely an approach by examining or studying a statutory regulation . The results of the research based on the applicable laws and regulations, namely Law Number 13 of 2003 concerning Manpower Article 168, legally fulfill the elements of Termination of Employment for reasons of absenteeism who are qualified to resign which contains 3 (three) elements including There is a Job, There is a Wages/Salary and There's an Order.]]>
<![CDATA[Juridical Review of the Dissemination of Pornographic Videos Through Social Media ]]>
<![CDATA[Hudhoifatun Noviva]]>;
<![CDATA[Bastianto Nugroho]]>;
<![CDATA[Supolo Setyo Wibowo]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.162
<![CDATA[Cases of dissemination of pornographic videos in Indonesia are currently mushrooming and are even in the stage of destroying morals and decency. Social media including electronic media is used by the public to seek information and entertainment. In its development, technology plays an important role, but people often abuse the use of social media, for example being able to access any video including pornographic videos. This type of research uses a qualitative juridical type research method, namely by using a problem approach through a statute approach. The sources and collection of data used in this study are normative. The analysis used in this research is using descriptive analysis method. The purpose of this study was to determine the negative impact of spreading pornographic videos through social media and the efforts made to tackle the spread of pornographic videos through social media according to Law Number 44 of 2008 concerning Pornography. The results of this study explain that the negative impacts of spreading pornographic videos through social media and efforts that can be made in tackling the spread of pornographic videos can be done with preventive and repressive efforts. Another effort is to pass Law Number 44 of 2008 concerning Pornography. As for suggestions given by researchers regarding a juridical review of the dissemination of pornographic videos through social media according to Law Number 44 of 2008 concerning pornography, it is necessary to instill legal awareness within the community that the dissemination pornographic videos are prohibited and violators can be subject to criminal sanctions and there must be firm action from the government and law enforcement agencies in tackling the spread of pornographic videos.]]>
<![CDATA[Juridical Review of Independence Development in Class I Correctional Institutions in Surabaya ]]>
<![CDATA[Dhyta Wahyu Setyawan]]>;
<![CDATA[Adies]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.202
<![CDATA[The problem approach method is carried out using the sociological juridical method, namely by looking at how a legal institution is applied and enforced in practice and data obtained directly from the community. The results of the study show that the convict development program (especially independence development) has been implemented by Class I Correctional Institutions in Surabaya, but there are still obstacles in the implementation of the program caused by various factors. The benefits felt by convicts while undergoing skills training are increasing the knowledge of convicts in the field of skills, convicts can socialize with other convicts, fill their free time while in prison. Obstacles faced in carrying out convict coaching are limited time and human resources in this case the ability of a coach to carry out coaching as well as facilities and infrastructure that meet the criteria but are still inefficient in their utilization due to situations and conditions that sometimes prevent convicts from using some of the facilities.]]>
<![CDATA[Providing Legal Protection To Depriminants From Actions of Violence Between Prisoners ]]>
<![CDATA[Faizal Badri Nugroho]]>;
<![CDATA[Priambodo Adi Wibowo]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.203
<![CDATA[The background factors arise victims of acts of violence between prisoners. So it is necessary to protect the inmates who experience violence in correctional institutions. Prevention efforts are carried out by correctional institutions to prevent and reduce victims and prevent riots from occurring in correctional institutions in order to achieve the goal of peace law. The research method of writing uses normative research methods, conducting library research, namely legal research by researching and conducting searches legal literature as well as analyzing secondary data, the aim is to obtain accurate data or truth in order to obtain permanent legal certainty. Library Materials: Primary Legal Materials and Secondary Legal Materials. The efforts made by the Surabaya Class I Correctional Institution are divided into two, namely repressive and preventive. Repressive efforts are efforts to deal with after the occurrence of violations committed by convicts and detainees, while preventive efforts are efforts made before the occurrence of violations committed by convicts and detainees in prisons. Consists of: Repressive Efforts: Preventive Efforts: Facilities and infrastructure are still below sufficient to meet the needs of students and not only facilities and infrastructure for convicts and detainees, facilities and infrastructure for workers in prison offices also experience a shortage of equipment to strive for better performance well, to add insight through television is constrained by increasing electricity costs. All service improvements are difficult to materialize without the support of the Government and the Community.]]>
<![CDATA[Implementation of Disciplinary Penalties For Conditioners Who Violate The Rule of Order In Class I Penalty Institution In Surabaya ]]>
<![CDATA[Lucky Dwikinanda Winduastiko]]>;
<![CDATA[Asep Heri]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 2 (2023): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i2.204
<![CDATA[The implementation of disciplinary punishment for convicts who violate the order is based on Minister of Law and Human Rights Regulation No. 6 of 2013 concerning Rules of Correctional Institutions and State Detention Houses in Relation to Convict Development (Studies in Class I Correctional Institutions in Surabaya). The approach method used in this research is a juridical-sociological approach. From the results of this thesis research it is concluded that Administrative Sanctions for Correctional Families violate Article 4 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 6 of 2013, namely violations in the form of minor violations, moderate violations and serious violations. Applied to all Correctional Inmates in Correctional Institutions, with the aim of disciplinary punishment as a form of administrative sanction to improve and educate Correctional Inmates who commit disciplinary violations. Law enforcement is needed in handling violations of disciplinary regulations for Correctional Families. In practice, the procedures for implementing administrative sanctions for inmates of corrective correctional centers are focused on correctional officers who must be obliged to re-examine inmates in accordance with the flow of the mechanism for disciplinary violations, with the aim of finding out the violations that have been committed. In this case, the sense of justice and security in the correctional cell takes precedence. If a prisoner has committed an offense before, then the officer will provide appropriate sanctions and of course the sanctions given will be heavier than the disciplinary punishment ever imposed on him, but only only one sentence.]]>
<![CDATA[Legal Relations Between Drivers and Online-Based Transportation Companies ]]>
<![CDATA[Mukhammad Amri]]>;
<![CDATA[Sri Anggraini Kusuma Dewi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 3 (2023): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i3.159
<![CDATA[The purpose of this research is to find a form of legal protection for online motorcycle taxi drivers called partnerships. This research method combines normative juridical research methods. What is meant by normative juridical research is research based on document study studies that collect literature study materials related to the discussion and processing of the journal material by using the descriptive method by looking at problems that occur in the midst of people's lives, the focus of the study stems from regulatory provisions applicable laws and regulations, accompanied by theories and legal principles related to the problem under study. The results of the electronic agreement (e-contract) between PT. GOJEK, AKAB, and GOJEK's prospective partners have clauses that can be categorized as standard clauses which in fact are prohibited in Law Number 8 of 1999 concerning Consumer Protection and contain the principle of mutualism in which the agreement is mutually beneficial between the two parties. So in the agreement it can be said that PT. GOJEK Indonesia is not fully responsible when GOJEK partners experience fictitious orders because the agreement contains the principle of mutualism and is prohibited by Law Number 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[Inpatient Service Procedures for Insurance and Non-Insurance Patients at National Hospital Surabaya ]]>
<![CDATA[Rimo Eko Saputro]]>;
<![CDATA[M. Hidayat]]>;
<![CDATA[Handyka Prayogi Lesmana]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 3 (2023): December ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya, Indonesia ]]>
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DOI: 10.55173/yurisdiksi.v19i3.163
<![CDATA[The research aims to make it easier for patients to get comprehensive health services and establish patient diagnoses and plan appropriate therapy for patients. The research method uses empirical normative methods, which means research whose object of study is aimed at written regulations and valid data in the field so that this research is very closely related to libraries and data in the field. The results of the research on legal protection for patients are listed in Law Number 36 of 2009 concerning Health, Law Number 29 of 2004 concerning Medical Practice, Law Number 44 of 2009 concerning Hospitals, and because patients are consumers of services, provisions also apply in Law Number 8 of 1999 concerning Consumer Protection. The relationship between the patient and the hospital is a civil law relationship. If one party defaults, the other party, in this case the patient, can file a lawsuit/claim for compensation against the default party. The provisions of Article 1365 can also be used as a reference for patients to make claims for compensation against hospitals or health workers, because they have caused harm to patients, both physically and non-physically.]]>
