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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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Legal Review of Siri's Marriage Based on Law Number 1 of 1974 Concerning Marriage Yossi Aries Prasetya; M. Hidayat; Handyka PrayogiLesmana
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.164

Abstract

Marriage is a living together of a man and a woman who fulfill the conditions included in the regulation. The purpose of the research is to describe and identify the legal review of siri marriage and to know and analyze the legal consequences of siri marriage according to Law Number 1 1974 concerning Marriage. The research method uses the legal sociological juridical method, which means a research approach that studies the influence of society on law. The results of this research are unregistered marriages or marriages between a man and a woman that are not announced and without the presence of wedding witnesses, carried out without being registered with the marriage registrar with the aim that the general public will not know about them. The legal consequences of the perpetrators of unregistered marriages, That legally, unregistered marriages are invalid if there is no legal record, as explained in Law Number 1 of 1974 as amended by Law Number 16 of 2019 concerning Marriage. Unregistered marriages have many negative impacts on women (wives) and children.
Causes of the Occurrence of Crime Gambling Fajar Kesuma Derawan; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.257

Abstract

The purpose of this research is to try and make people aware of the dangers posed by gambling. The research method uses normative juridical, based on the literature and case studies in the field related to the causes of the crime of gambling. The results of the development of Indonesian people's lives (Das Sein) can change legal arrangements regarding gambling from illegal to legal (Das Sollen) with certain conditions, namely that society must compare the impacts that will be caused by gambling and also prevent society from bad traits and will harm society itself. In order to reach crimes obtained from gambling, it seems that law enforcers in Indonesia must be brave in carrying out raids on gambling locations, so that objects obtained from crimes from gambling are either in the form of objects or valuables. In addition, law enforcers must order the payment of a sum of money to the perpetrators and players and bandits involved in gambling in terms of property previously confiscated. The amount of money that must be paid is balanced with the value of the object that should be seized.
Juridical Review of The Crime of Attacking The President's And Vice-President's Honest And Dignity In The 2023 KUHP Kartina Pakpahan; Elvira Fitriyani Pakpahan; Guntur Hutagalung
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.259

Abstract

The article's regulation in the Bill of the Criminal Code regarding acts of attacking the honor and dignity of the president has been criticized. Some articles are considered to have the potential to threaten the right to freedom of expression and freedom of the press, which are part of the human rights guaranteed by the Constitution. On the other hand, legislators also have a raison d’etre as the urgency of regulation. This study aims to explore in depth the significance of the substantial regulation of the articles, as well as to examine some potential conflicts with the right to freedom of expression and freedom of the press. This study is a type of normative legal research, with data analysis methods carried out with a qualitative approach to secondary data. The results of the analysis show that the articles concerning acts attacking the honor and dignity of the president or vice president still needed/urgent to be re-formulate in the Bill of the Criminal Code. However, it should be noted that it is necessary to adjust some of the explanations of the articles. In addition, the general construction of these articles cannot be said to have violated human rights principles related to the right to freedom of expression and freedom of the press. However, there should be an assurance that protecting the freedom of expression and freedom of the press still needs to be emphasized in the Bill of the Criminal Code. So far, the reality shows that there are still poor implementations in law enforcement related to some articles, such as articles on contempt.
Criminal Law Enforcement Against Environmental Pollution Caused By Electronic Waste Moch. Ainul Chodri; Sri Anggraini Kusuma Dewi; Bastianto Nugroho
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 3 (2024): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i3.260

Abstract

The purpose of this research is to find out the elements of environmental crime due to electronic waste pollution based on legislation No. 32 of 2009 concerning the Protection and Management of the Environment and the application of environmental criminal law sanctions against perpetrators of environmental pollution due to electronic waste. This research method uses research normative, based on literature and case studies in the field related to environmental criminal law enforcement related to environmental pollution due to electronic waste. The results of research on the formulation of elements of environmental crimes due to environmental pollution of electronic waste, until now have not been specifically regulated in regulations even though the impact of electronic waste is very dangerous for the environment. Electronic waste, according to law and regulations No. 32 of 2009 concerning Environmental Protection and Management, is classified as Toxic and Hazardous Materials (B3), for the handling of electronic waste must require specific e-waste management policies and regulations.
Transformation of Dependent Rights In The Digital Era A Study In Electronic Implementation Waradatun Nafi’ah; Arofa; Andianita Nur Ilahiyah; Moh Basri; Ahmad Musadad
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.261

Abstract

The digitization of the dependent rights system is an innovation in land administration that aims to increase efficiency, transparency, and legal certainty in Indonesia. The implementation of Electronic Dependent Rights (HT-el) brings various benefits, such as a faster registration process, wider access, and minimal administrative errors compared to conventional systems. However, in its implementation, there are still various obstacles, such as limited technological infrastructure, low public digital literacy, and challenges in maintaining data security and user privacy. This study uses normative juridical methods, utilizing legal and conceptual approaches to examine the effectiveness of regulations regarding electronic liens. The findings of the study suggest that although HT-el has significant promise to improve land services, additional strategies are essential.  This includes strengthening regulations, improving infrastructure, and engaging with the community. These measures are necessary to ensure the optimal implementation of this system and to provide legal certainty for all stakeholders involved.
The Validity of A Will Made Before A Notary Without The Knowledge of The Heirs of The Will Muhammad Ihza Prayogo; Soemali
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.263

Abstract

Making a will is very useful because it provides clarity on the property left by the owner when he dies. There is a case in the Supreme Court Decision Number: 3658 K/PDT/2022, where the Plaintiff as a Sinshe claimed to have received a will from a patient who had died, while the heirs of the patient were completely unaware of the making of the Will. Based on this, this study analyzes the recipient of the will whose position is as a sinshe or medical expert in receiving a will from the patient he treated, and analyzes and explains the validity of the will deed made before a notary without the knowledge of the heirs of the testator in the Supreme Court jurisprudence Number: 3658 K/PDT/2022. This type of research is normative legal research, with a statutory approach, a conceptual approach, and a case approach. That in accordance with the provisions of Article 906 of the Civil Code, the recipient of the will whose position is as a sinshe or medical expert is not allowed to receive a will from the patient he treated. The validity of a will made before a notary without the knowledge of the heirs of the testator is null and void and has no binding legal force.
Legal Review of Decisions Exceeding The Demands (Ultra Petita) Erin Irgo Septyalona; Bastianto Nugroho; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.264

Abstract

The aim of this research is to determine the provisions for proceedings at the General Court and specifically the provisions for proceedings at the Constitutional Court in carrying out the judicial review of laws against the 1945 Constitution according to Law Number 24 of 2003 concerning the Constitutional Court. Method Normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense.Results of the Constitutional Court (MK). The establishment of the Constitutional Court was based on the third amendment to the 1945 Constitution which was carried out by the MPR in 2001. The Constitutional Court is an independent judicial authority to administer justice to uphold law and justice alongside the Supreme Court and subordinate courts (Article 24 paragraphs (1) and (2) Amendment Third). The Constitutional Court was formed to guarantee that the constitution as the highest law can be enforced, so that the Constitutional Court is known as the guardian of the constitution.
Legal Standing of Courier Expedition That Sends Narcotics Without Knowledge Yeffris Arya Dirgantara; Priambodo Adi Wibowo; Sri Anggraini Kusuma Dewi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.265

Abstract

This research aims to determine the legal position regarding expedition couriers who send narcotics without any element of knowledge. This research method uses normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a philosophical sense. juridical. The result of an expedition courier accidentally sending narcotics, without knowing the contents of the package he sent, has the potential to obtain legal protection in certain situations. The relevant principle of criminal law is that a person cannot be convicted without an element of guilt (mens rea) or malicious intent.  
Criminal Punishment For Perpetrators of Group Fighting Criminal Acts M. Fahmi Ardiansyah; M. Hidayat; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.266

Abstract

The aim of the research is to determine the implementation of Article 170 paragraph (2) 1 of the Criminal Code concerning criminal acts involving joint forces committing violence against people resulting in injuries at the Surabaya District Court. The research method used is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. Result The judge's basis for consideration in handing down a decision against the perpetrator of the criminal act of group fighting based on the study of Decision Number: 411/Pid.B/2022/PN Sby is 5 (five), namely: (a). based on the prosecutor's indictment; (b). based on evidence at trial (both witness evidence, letters and the defendant's statement); (c). based on articles in the Criminal Code and Criminal Procedure Code; (d). based on legal facts revealed at trial; (e). based on the circumstances that led to the crime.
Fulfillment of Voting Rights for Persons with Disabilities in General Elections in Indonesia Habib Anwar; Moh Saleh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.267

Abstract

Human rights are fundamental rights inherent in every individual because of their existence as human beings and are based on their dignity. Fulfillment of the right to vote for people with disabilities in general elections is a concrete form of respect for political rights that are universal, inalienable, and guaranteed in national and international law. This study aims to analyze the legal regulations related to the fulfillment of voting rights for people with disabilities in Indonesia and evaluate their compliance with human rights principles. The problems raised in this study include how these legal regulations are formulated in laws and regulations, and to what extent their implementation has fulfilled the principles of non-discrimination and equality. This study uses a normative legal method with a statutory and conceptual approach. The statutory approach is used to examine regulations such as Law Number 8 of 2016, Law Number 7 of 2017, and other implementing regulations, while the conceptual approach is used to explore the principles and legal doctrines related to political rights for people with disabilities. The research results are expected to provide concrete recommendations in formulating more inclusive and equitable policies, in order to support the realization of an election system that guarantees equal political rights for all citizens without discrimination.

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