cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mahrus Ali
Contact Email
sengkomahrus@gmail.com
Phone
-
Journal Mail Official
sengkomahrus@gmail.com
Editorial Address
Faculty of Law Merdeka University Surabaya Jl. Ketintang Madya VII/2 Surabaya
Location
Kota surabaya,
Jawa timur
INDONESIA
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
 22   23   24   25   26 
The Resolution of Legal Disputes Regarding Administrative Violations During the Campaign Stage of Regional Head Elections Based on Law Number 7 of 2017 on General Elections Agnes Visca Hemaskesuma Widodo; 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.v20i4.268

Abstract

Regional Head Election is one part of democracy and is a locomotive to carry out the mandate of reform where the people's power reaches to elect their Regional Head. However, the election of regional heads is rife with fraudulent practices, from money politics to disputes over results. So far, the focus of the spotlight on general election violations has been more on criminal sanctions, even though general elections are inseparable from administrative law. Then to what extent is the role of the organizing institution, especially election supervisors, to follow up on violations of the Regional Head Election. The duplication of handling administrative violations by the KPU and Bawaslu also needs to be improved. The KPU regulation, which states that the KPU is the reporter and reported party for alleged administrative violations, sounds strange, although it can be interpreted that this is a consequence of internal supervision at various levels between superiors and subordinates. Based on the description above, what is the action for administrative violations of the General Election, then related to the legal issues discussed in this study, namely how to identify administrative violations at the campaign stage of the Regional Head Election and what are the duties and authorities of the provincial election supervisory body regarding the resolution of administrative violations at the campaign stage of the Regional Head Election. Method The type of research used is normative research, and the data source from primary data is collected through literature studies and based on other legal books.
The Authority of the Police in Detention Viewed from the Principle of Presumption of Innocence in the Indonesian Criminal Justice System Mohammad Yusuf Effendy; Miftakhul Huda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.174

Abstract

The authority of the police to conduct detention in Indonesia is strictly governed by positive law, particularly the Criminal Procedure Code (KUHAP) and the Law on the Indonesian National Police. Detention is a temporary deprivation of liberty against a suspect to ensure the integrity of legal proceedings, prevent flight, destruction of evidence, or recidivism. Police may detain individuals suspected of crimes punishable by at least five years’ imprisonment, but such authority requires judicial approval and must comply with the principles of legality, proportionality, and respect for human rights as outlined in relevant regulations. Detention procedures must align with the presumption of innocence, ensuring that suspects are not treated as guilty prior to a final court decision. KUHAP mandates strict time limits and judicial oversight, while suspects retain key rights including legal assistance, the right to be informed of the reasons for detention, and the right to challenge the legality of detention through pretrial motions. Abuse of detention authority can be curtailed through mechanisms such as detention suspension requests, pretrial reviews, internal police supervision, and external oversight institutions. These measures are crucial to maintaining accountability, preventing arbitrary detention, and upholding the fundamental rights of individuals within the criminal justice system.
Resolution of Multiple Certificates By The National Land Agency (BPN) of Pamekasan District In Prevention of Land Mafia Rokhman; Iwan Permadi; Supriyadi
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.v20i4.270

Abstract

Land mafia is still a serious threat in Indonesia, including in Pamekasan Regency, where the need for land is increasing rapidly. This study aims to examine the role of the National Land Agency (BPN) in resolving dual certificate disputes which are often the modus operandi of land mafia. The study uses a normative legal method with a descriptive analytical approach, as well as data collection through literature studies and legal documents. The results show that land mafia exploits weaknesses in land administration, especially in issuing fake documents and falsifying dual certificates. The Ministry of Agrarian Affairs and Spatial Planning/BPN has formed policies and an Anti-Land Mafia Task Force to prevent and eradicate this practice. However, the success of handling this problem requires cross-sector coordination and consistent law enforcement. In an effort to eradicate dual certificates from land mafia practices, the Ministry of ATR/BPN has made written regulations, namely Technical Instructions for the Prevention of Eradication of Land Mafia Number: 01/JUKNIS/D.VII/2018. In addition, the Ministry of ATR/BPN also formed a Land Mafia Task Force Team in order to eradicate land mafia practices that have the potential to cause double certificates based on bad faith. This study is expected to provide input for improving land law policies, in order to ensure justice and legal certainty for the community.
Legal Implications of The Regulation of Material Legal Norms in A Supreme Court Regulation (PERMA) Wahyu Iswantoro; Tunggul Anshari Setia Negara; Aan Eko Widiarto
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.v20i4.271

Abstract

Apart from being the authority of the DPR and the President, the 1945 Constitution of the Republic of Indonesia also gives authority to judicial institutions such as the Supreme Court to make or form regulations. Whereas following Article 79 Paragraph (1) of the Supreme Court Law, the authority to regulate the Supreme Court is limited to supplementing procedural law, however, in its development, several PERMAs such as PERMA 2/2012 regulate the content of material legal norms and are externally binding, which should be regulated at the level law and becomes the authority of lawmakers (legislative act). The main issue that is important to research is what are the legal implications of regulating material legal norms in a PERMA. Under the problems raised, this research is doctrinal research also known as normative research. The approaches used are a statutory approach and a conceptual approach. Based on the results of this research, there are 2 (two) legal implications of regulating material legal norms in a PERMA, namely: Overlapping Material Content of Legal Norms and the Unclear Position of PERMA in the Hierarchy of Legislative Regulations. As a result of these three legal implications, law enforcement officials as a legal structure will be unsure whether to follow PERMA as a statutory regulation that is aligned with the law or whether to ignore it.
Reconstruction of Legal Arrangements of Fiduciary Guarantees Reviewing Effectiveness In Leasing Practices Suris, Nabila; Maimuna; Fina Ainun Jazilah; Husni Mubarok; Ahmad Musadad
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.273

Abstract

This article examines the reconstruction of the regulation of fiduciary security rights in order to improve the effectiveness of implementation and legal protection of collateral objects, especially in leasing practices in Indonesia. This research is motivated by various problems in the field, such as non-compliance of leasing companies in registering fiduciary guarantees, unilateral execution without a fiduciary certificate, and unlawful forced withdrawal of vehicles when the debtor defaults. In fact, registration of fiduciary guarantees is very important because it provides executorial power and gives birth to property rights attached to the principles of droit de suite, droit de preference, specialty, and publicity. Through a normative juridical approach by analyzing the applicable regulations and case studies in the field, this research finds that the weak compliance of business actors and the lack of government supervision are the main factors for the low effectiveness of the implementation of fiduciary guarantees in leasing. Therefore, it is necessary to reconstruct legal arrangements that emphasize the obligation to register fiduciary guarantees and strengthen fair execution mechanisms, in order to create balanced legal protection between creditors and debtors. In addition, education for the public and strengthening supervision from relevant authorities are important steps so that the implementation of fiduciary in leasing runs according to the principles of justice and legal certainty.
Legal Power of Electronic Evidence in Proving Criminal Cases Based on the 2023 Criminal Code Dwiki Pernandes Sembiring; Kartina Pakpahan; Elvira Fitriyani Pakpahan
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.v20i4.277

Abstract

E-commerce is a trade transaction that allows buying and selling without having to meet directly between the seller and the buyer. This trading system requires a strong sense of trust between one another, between the seller and the buyer. Recognition of electronic evidence as evidence that can be submitted to court and recognized as valid as evidence, has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing a recording of a company's documents can be submitted as evidence in court if a lawsuit arises later. According to the Company Documents Law, electronic document evidence is part of written evidence, while the Corruption Law explicitly explains that electronic information and electronic documents are an extension of indicative evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid evidence in special crimes outside the Criminal Code in line with valid evidence in Article 184 of the Criminal Procedure Code is a new type of evidence, it is hoped that investigators, prosecutors, legal advisors and judges have an understanding of this electronic evidence. In the examination of criminal cases, it is expected that the judge in imposing a sentence based on two valid pieces of evidence and the judge obtains the conviction that the defendant is guilty of committing a crime, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant is deterred and the sense of justice of the community is fulfilled.
Juridical Review of The Act of Virtual Money Laundering Yohanes Fiodas Jaman; Prija Djatmika; Abdul Madjid
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.v20i4.278

Abstract

The crime of money laundering as one type of white collar crime has actually been known since 1867. Cyber Money Laundering is money laundering carried out through cyberspace ("mayantara"), so that in addition to committing the crime of money laundering ("money laundering") the perpetrator ("offender") has also committed a crime of mayantara ("cyber crime"), namely committing a crime/crime through a computer system/network. This research method is normative research, normative law research using normative case studies in the form of legal behavior products, for example reviewing the Law. Normatively, cyber money laundering can be caught through Law Number 15 of 2002 concerning the Crime of Money Laundering which was later updated by Law Number 25 of 2003, and last amended by Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. Law Number 11 of 2008 concerning Information and Electronic Transactions has not accommodated cyber crime related to economic and financial transactions that are against the law or are not legitimate. In this regard, the readiness of law enforcement officers is very important, both regarding expertise in operating computers, the ins and outs of finance and banking as well as expertise in enforcing cross-territorial laws, which are related to territorial principles with legislative, judicial and executive jurisdictions.
State Responsibility In Providing Compensation To Victims of Gross Human Rights Violations Fakhruzy, Agung; Krisnadi Nasution; Ahmad Sholikhin; Frans Simangunsong
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.286

Abstract

The philosophical basis for providing compensation lies in the state's responsibility for its failure to prevent crimes. From a juridical perspective, Article 35 of Law Number 26 of 2000 on the Human Rights Court indicates that the provision of compensation is still dependent on a court decision. As such, even when gross human rights violations have occurred and victims are identified, if the accused is not proven guilty in court, they cannot be held accountable for providing compensation to the victims. This situation has the potential to create a vertical normative conflict with Article 28 of the 1945 Constitution, particularly regarding fundamental human rights that must be fulfilled by the state. This study aims to examine the principles and the role of the state in providing compensation to victims of gross human rights violations. It employs a normative legal research method with a conceptual and philosophical approach, and data collection is carried out through literature review and legal document analysis. The research findings show that the principle of state responsibility in providing compensation to victims of gross human rights violations must be grounded in the Universal Declaration of Human Rights (UDHR), the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the International Covenant on Civil and Political Rights (ICCPR).
Reformulation of The Regulations Regarding Changes In The Status of Individual Companies To Capital Partnership Companies With Legal Certainty Natasha Graciela Hastika; Djumikasih; Fathul Laila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.287

Abstract

Indonesia's national economic recovery requires increased competitiveness of business actors, including through the development of regulations for establishing business entities. The Job Creation Law and Government Regulation No. 8 of 2021 introduced the concept of an Individual Limited Liability Company (PT) which allows the establishment of a PT by one person without a notarial deed, for micro and small business actors. However, the change in status of an Individual PT to a capital partnership PT must be carried out with a notarial deed, which creates legal uncertainty and challenges in implementing the regulation. In addition, the lack of socialization and education regarding the regulation of Individual PTs has resulted in low understanding among business actors. This study uses a normative legal method with a statutory, conceptual, and historical approach, as well as an analysis of grammatical and systematic interpretation of primary, secondary, and tertiary legal materials. Through interviews with notaries, this study examines the legal consequences of the deed of change of status of an Individual PT and provides recommendations to clarify future legal norms in changing the status of an individual company to a capital partnership. It is hoped that the research results can support the implementation of more effective individual PT regulations, provide legal certainty for business actors, and strengthen the contribution of MSMEs to national economic growth
Analysis of Inventory As An Object of  Fiduciary Security In Credit Agreements Juridical Philosophical And Sociological Review Happy Trizna Wijaya; Made Warka; Krisnadi Nasution
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.288

Abstract

The development of the global economy is progressing rapidly in line with the dynamics of globalization. To support economic activities, large amounts of capital are required that are quick and easy to access. One of the ways to obtain such funds is by applying for credit through financial institutions. In the credit application process, collateral or security is typically required to guarantee the debt. One such object of fiduciary security is inventory. Inventory is a type of movable property that can serve as fiduciary collateral. This study aims to examine the concept of inventory as fiduciary collateral and to analyze its philosophical, juridical, and sociological foundations. The findings indicate that inventory, as fiduciary collateral, may include raw materials, goods in process, and finished goods. Philosophically, this type of collateral is based on a relationship of trust between creditor and debtor, particularly regarding the repayment of debt as agreed upon using the specified collateral.Juridically, the use of inventory as fiduciary collateral is regulated under Law Number 42 of 1999 concerning Fiduciary Security, specifically in the Elucidation of Article 6 letter c. The unique characteristic of inventory lies in its dynamic and transferable nature, which results in the principle of droit de suite (right of pursuit) not being applicable. This is further emphasized in Articles 20 through 24 of the Fiduciary Security Law. Sociologically, fiduciary security agreements involving inventory contribute positively to economic activities within society and support the realization of equitable, prosperous, and just welfare.

Page 24 of 30 | Total Record : 293

 22   23   24   25   26 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 22 No. 1 (2026): June in progress Vol. 21 No. 4 (2026): March In Progress Vol. 21 No. 3 (2025): December Vol. 21 No. 2 (2025): September Vol. 21 No. 1 (2025): June Vol. 20 No. 4 (2025): March Vol. 20 No. 3 (2024): December Vol. 20 No. 2 (2024): September Vol. 20 No. 1 (2024): June Vol. 19 No. 4 (2024): March Vol. 19 No. 3 (2023): December Vol. 19 No. 2 (2023): September Vol. 19 No. 1 (2023): June Vol. 18 No. 4 (2023): March Vol. 18 No. 2 (2022): 30 September 2022 Vol. 18 No. 3 (2022): December Vol. 18 No. 1 (2022): June Vol. 17 No. 4 (2022): March Vol. 17 No. 3 (2021): December Vol. 17 No. 2 (2021): September Vol. 17 No. 1 (2021): Juni Vol. 16 No. 4 (2021): March Vol. 16 No. 3 (2020): Desember Vol. 16 No. 2 (2020): September Vol. 16 No. 1 (2020): Juni Vol. 15 No. 2 (2020): March Vol. 14 No. 1 (2019): September Vol. 13 No. 2 (2019): March Vol. 12 No. 1 (2018): September Vol. 11 No. 2 (2018): March Vol. 10 No. 1 (2017): September More Issue