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
272 Documents
<![CDATA[The Criminal Liability of The Defamation Perpetrators Against The President or Vice President After Having The Court Decision Number Constitutional 013-022 / Puu-Iv / 2006 ]]>
<![CDATA[Dyas Tazza Ulima]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 11 No. 2 (2018): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[Base on the interest to Realize the goals of the state, Indonesia Gives the power to the president as the representative of the state to run the government rate and its existence is highly protected. One of the Efforts to protect the president and vice president is by setting the criminal sanctions Relating to crimes againts the dignity of the precident or vice president of the which stipulated in Article 134, 136 bis and 137 of the Criminal Code. However, there must be a deeper study with the application of Reviews These provisions. It is Because there are some shifts have happended towards the provisions after having the Constitutional Court Decision Number 013-022 / PUU-IV / 2006. Formulation of the problem in this research is about the rule and the criminal liability of the perpetrators defamation against the president or vice preseident after having the Constitutional Court Decision Number 013-022 / PUU-IV / 2006. The method used is the which is legal research with statute approach, conceptual approach and comparative approach, through a comparison of the Criminal Code in the Netherlands, Germany and Thailand. The result in this reasearch shows that after the Constitutional Court Decision Number 013-022 / PUU-IV / 2006, the rule defamation against the president or vice president of the personal qualities addresed to be subject to the rules of Chapter XVI Criminal Code. In the case of defamation addresed to the president or vice president as an official of the State, be subject to the rules of Article 207 Criminal Code. In addition to the Criminal Code, the rules can be applied Also regulated under the Broadcasting Act and the Information and Electronic Transactions Act. Moreover, the subject of the which can be burdened with the criminal liability is an individual (base on the rules in the Criminal Code and the Broadcasting Act); individual and corporation (base on the rules in Information and Electronic Transactions Act);]]>
<![CDATA[Abortion In The Aspects of Criminal Law And Health ]]>
<![CDATA[Agung Putri Harsha Satya Nugraha]]>;
<![CDATA[Vivin Indrianita]]>;
<![CDATA[Bastianto Nugroho]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 11 No. 2 (2018): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[Abortion or commonly referred to abortion into the human civilization because humans do not want the pregnancy. Since centuries ago, many nations have known checkers wear some plant species believed to stimulate contraction of uterus to shed or dropped fetus. Abortion itself can occur either due to human actions (abortion provocatus) or because of natural causes, that happens by it self, in the sense that not because of human actions (abortion spontatus). Abortion is happening because of human actions can occur either because it is driven by medical reasons, such as pregnant women who suffer from a disease and to save the lives of these women then abortion must be terminated (abortion therapeuticus). Besides, for reasons that are not justified by the law (abortion criminalis). The method used in this research is normative juridical consideration that the starting point of the research analysis of the laws and regulations of the Criminal Code, Act No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection, and Law No. 36 of 2009 on health associated with the renewal of the crime of abortion.]]>
<![CDATA[Bank Indonesia Policy in the National Banking Crisis Resolution ]]>
<![CDATA[Surti Yustianti]]>;
<![CDATA[Mohammad Roesli]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 11 No. 2 (2018): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[This study analyzes the philosophy of banking policies which have implications for the criminal offense. In this regard, Bank Indonesia's decision is in conformity with the authority and office attached to Bank Indonesia officials. Policies made by Bank Indonesia is right or not, is bound by the principle of wise and good etiquette. Bank Indonesia officials have the authority associated with the position. If there are elements that are not good etiquette and undiplomatic in authority that caused state losses then policies can be categorized as a criminal offense banking. The aim of this study was to analyze and find Philosophy as Bank Indonesia Policy In the Bank Restructuring. Type of research is a normative legal research. This study uses the legislative approach, conceptually. Banking policy which resulted in a criminal act can be seen from the administrative aspect, and a criminal in a lawsuit conducted by Bank Indonesia officials. If Bank Indonesia officials make mistakes in order to carry out regulatory policies, the criminal incurred should be charged to the official.]]>
<![CDATA[Legal Protection of Employees of PT Askes Which Was Transfered By Legal Relationship Becoming Health BPJS Employees ]]>
<![CDATA[Muhammad Habibi]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[The background of this research is the existence of a legal vacuum due to not regulating the transfer of legal relations of employees. PT ASKES (Persero) becomes an employee of BPJS Kesehatan (a public legal entity) in Law Number 24 of 2011 concerning the Social Security Organizing Body and its implementing regulations and the absence of provisions. which regulates public legal entities. This study uses normative juridical research with the method of legislation approach and grammatical interpretation techniques and systematic interpretation to analyze primary, secondary and tertiary legal materials. The results showed that the legal relationship born after the employees of PT ASKES became employees of BPJS Kesehatan was an employment relationship according to Law Number 13 of 2003 concerning Manpower so that its legal protection other than through work agreements and directors' regulations was also through Law Number 13 of 2003 concerning Manpower Law Number 24 of 2011 concerning the Social Security Organizing Body.]]>
<![CDATA[Accountability of Criminal Actors Terrorism Funding ]]>
<![CDATA[Bastianto Nugroho]]>;
<![CDATA[M. Roesli]]>;
<![CDATA[Surti Yustianti]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[The word terrorist and terrorism comes from the Latin word terrere which means more or less shaking or vibrating. The word terror can also cause horror. Of course, the horror of the victim's heart and mind. Furthermore, the term terrorism is a concept that has a sensitive connotation because terrorism causes the killing and misery of innocent people. However, until now there is no definition that can be universally accepted. Understanding terrorism for the first time discussed in the European Convention on the Suppression of Terrorism (ECST) in Europe in 1977 there was an expansion of the meaning paradigm from Crimes Against State to Crimes Against Humanity. Crimes Againts Humanity includes criminal acts to create a situation that results in individuals, groups and the general public in an atmosphere of terror. The association of terrorism with the issue of human rights violations, because of the consequences of terrorism, many of the interests of mankind are sacrificed, innocent people are made the cost of savagery and peace of life between human beings is clearly at stake. In this case there is a religious social community that introduces forms of religious implementation as a struggle strategy. The writing of this article is normative by tracing and systematically reviewing the laws and regulations associated with the criminal responsibility of financing terrorism, as well as the opinions of experts from various literature both books, articles and other freelance related to criminal law.]]>
<![CDATA[Authorities of The Corruption Eradication Commission to Make Demands On Money Laundering Actions. (Study at the Corruption Eradication Commission and Central Jakarta Corruption Court). ]]>
<![CDATA[Ilham Arfian]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[In this thesis, writer raised the theme based on many of the Crime of Money Laudering which often occurred in Indonesia but there is no regulation that regulated clearly about the Authority of Corruption Eradication Commission to prosecution the Crime of Money Laundering. The writer of this thesis using method of sociological approach and type or research is empirical judicial. Legal materials primer analyzed using analysis technique descriptive and secondary legal material using a technique content analysis. As a population that are Corruption Eradication Commission staff and Corruption Crimes Court. Technique arranging primary data is interview and the secondary data using documentary and inventory. From the result with that method, writer receive the answer from the issue which based on Act of Corruption Eradication Commission has right to conducting the prosecution on Crime of Money Laundering because the predicate crime from money laundering is a corruption and based on Act of Crime of Money Laundering not mention or regulate about the authority of prosecution on Money Laundering but based on Criminal Court terms said that simple, fast and cheap court so Corruption Eradication Commission may be conducting about prosecution.]]>
<![CDATA[Juridical Study On The Competence of Religion Courts In Completing Syariah Banking Disputes Based On Article 55 Law Number 21 of 2008 Concerning Banking Syari'ah ]]>
<![CDATA[M.Hidayat]]>;
<![CDATA[Sinarianda Kurnia]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[If we want to respect Law No. 3 of 2006 concerning Religious Courts, give full competence in sharia banking disputes to the Religious Courts. Including the issue of mortgages (guarantees, red) and their execution, "the trial of Article 55 paragraph (2) and (3) Law No. 21 of 2008 concerning Islamic Banking. Sharia Economics Expert Muhammad Syafii Antonio believes that the settlement of Islamic banking disputes should be the full authority of the Religious Courts. This is to ensure that the religious court's verdicts are truly in accordance with sharia law based on Law No. 3 of 2006, the Religious Courts have been given the authority to adjudicate issues of sharia economics, banking, finance and insurance based on sharia law.]]>
<![CDATA[Implementation of Building Construction Prohibition In Watershed (Case Study on Brantas Watershed in Soekarno-Hatta Area, Malang) ]]>
<![CDATA[Vega Alif Wijaya]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[The objective of research was aims to find, analyze and understand the policy implementation of the ban on construction of building in watershed (DAS Brantas Case Study on Region Soekarno-Hatta Malang). The legal analysis is focused in finding the limiting factors in the enforcement of the ban on construction of the building in the watershed, the legal consequences of the construction of the building in the watershed area and the efforts to enforce the provisions on the prohibition of building in the watershed. The journal is prepared by the method of empirical juridical approach sociological jurisdiction. Based on the survey results revealed that basically factors which hinder the enforcement of the ban on construction of the building in the watershed occurs because Due to the lack of public awareness regarding the building was required to have a permit, factors of weak local economy, the law enforcement officers who are not firmly against the demolition in the area of watershed Brantas also because of the buildings that have stood prior to Regulation No. 1 Year 2012 Malang. The legal consequences of the construction of the building in the watershed area, namely a written warning and a call to the offenders concerned. While efforts to enforce the provisions of the ban on building in the watershed of them with socialization related rules and if there is a violation, the violator will be called to give advance warning letter, if it is still in violation will be given sanction by misdemeanor.]]>
<![CDATA[Abortion Conducted by Rape victims ]]>
<![CDATA[Hermawan]]>;
<![CDATA[Ahmad Syafi’i]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 12 No. 1 (2018): September ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[Law No. 36 of 2009 concerning Health states regulations that allow a person to have an abortion with two conditions, namely: indication of medical emergencies and pregnancy due to rape that can cause psychological trauma for rape victims. The highlight of the decriminalization of abortion is Article 75 of Law No. 36 of 2009 concerning Health, that basically abortion is prohibited, but there are exceptions, one of which is if the pregnancy is due to rape which can cause psychological trauma for rape victims.]]>
<![CDATA[Improper Responsibility of Notary Candidates ]]>
<![CDATA[Randy Esa Wibowo]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[This study uses normative juridical legal researchby examining laws and regulations. One of the requirements to be fulfilled by a Notary Candidate to be appointed as a Notary is to perform an apprenticeship for 24 (twenty four) months at the Notary's office, as referred to in Article 3 letter f UUJN. This research resulted in formulation of problem why Notary Candidate is required to conduct apprenticeship activities at Notary Office and Notary Candidate’s responsibility in improper apprenticeship activities at Notary's office. Notary candidates are required to conduct internship activities based on 2 (two) points in accordance with laws and regulations governing Notary Position and to improve the skills of Notary Candidates. Notary candidates who do not perform apprenticeship activities properly in Notary office cannot be sanctioned by the UUJN Because the UUJN only regulates the Notary Position. Instead, Notary recipient of an internship can be subject to criminal sanctions for counterfeiting a letter in accordance with article 55 paragraph (1) juncto Article 263 of the Criminal Code if it is later proven to issue an Internship Certificate as one of the requirements to be appointed as a Notary which is not in accordance with reality.]]>
