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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 272 Documents
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Legal Consequence of Land Rights Related To Complete Systematic Land Registration Program (PTSL) In Mojokerto City Tomi Halim Adianjaya
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Land registration and issuance of certificates aim to provide legal certainty over property rights to land and to create orderly land administration. One of the Government's programs in achieving this goal is implementing a Complete Systematic Land Registration through the enactment of the State Minister for Agrarian and Spatial Planning/Head of the National Land Agency Number 1 of 2017 on Acceleration of the Implementation of Complete Systematic Land Registration. Problems to be discusse this study iclude: (1) Is the object of land to be registered in this program Petok D or Letter C? (2) Can the certificate of Ownership Rights guarantee legal certainty for the rights holders? The problem approach used is the normative legal approach. The data consists of secondary and primary data. Data analysis is carried out by using qualitative analysis. The results of this study indicate that: (1) Implementation of Complete Systematic Land Registration on land that has not been certified based on provisions of the Regulation of the State Minister for Agrarian and Spatial Planning or Head of National Land Agency Number 1 of 2017 includes: determination of PTSL activity location, establishment and determination of PTSL Adjudication Committee, counseling, juridical and physical data collection of the land, land checks, announcements of physical data and juridical data on land and proof of rights, issuance of decisions on the awarding or recognition of land rights, bookkeeping and issuance of certificates of land rights and submission of certificates of land rights. (2) the legal consequences of certification of the results of complete systematic land registration are the objections of other parties to the land registration process through PTSL carried out by the registrant, the applicant is difficult to complete the land registration application requirements through PTSL, and the community's understanding is still low against the law in the land sector. Suggestions to be provided in this study are: (1) Mojokerto City Government together with the City Land Office should further improve services to the community, especially in the land sector. (2) Mojokerto City Land Agency should increase legal counseling or socialization about land.
A Notary’s Authority In Issuing Copies of Acts From Minutes of Deeds of Other Notaries’ Protocol Parts Elok Nadhiro
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Everyone needs evidence to prove the existence of a right or event, especially written evidence in the form of an authentic deed. Authentic deed is a deed in the form determined by law, made by or in front of the general employee in charge where the deed is made. One of the General Officers who makes authentic deeds is a Notary who has the obligation to make a deed in the form of a deed and keep it as part of the Notary Protocol. In the interests of proof for the parties, the Notary is obliged to issue a copy of the deed of the Minuta deed of the Notary Protocol. The deposit obligation does not only apply to the Minuta deed made by and / or in the presence of the notary concerned, but also to other Notary Protocols that he receives either because the other notary dies, has expired, or other causes.
Regulation of Banking Policies That Brings Implication for Criminal Act Surti Yustianti; Daniel Susilo; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This research analyzes banking policy regulations that have implications for criminal acts. Decisions made by Bank Indonesia are in accordance with the authority and position pinned to Bank Indonesia officials. Policies made by Bank Indonesia can be appropriate or inappropriate with the principle of prudence and good faith. Bank Indonesia officials have authority related to their position. Bad ethics and inadvertent in making policies can cause state financial losses. As a result, the policy can be categorized as a criminal offense in banking sector. This is normative legal research. This study uses a legislative, conceptual, case and comparative approaches. Banking policies that have an impact on criminal acts can be seen from administrative, civil and criminal aspects related to the mistakes made by Bank Indonesia officials. If a Bank Indonesia official commits an error in implementing policy rules, criminal responsibility must be borne by the official.
The Role of The Drug and Food Supervisory Agency (BPOM) on The Difference of Clorined Vinylers Reviewed From Law Number 8 of 1999 Consumer Protection Anisa Vidya Sasmita
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The purpose of thisis to know about the role of BPOM in consumers for the circulation of chlorinated sanitary napkins which are reviewed from the UUPK and how the role of BPOM is in accordance with the provisions of the applicable legislation. The Indonesian Consumers Foundation (which was later abbreviated as YLKI) has tested the chlorine content in the Charm brand sanitary napkin which is a product of PT. Indonesian Charm Union. The YLKI test results found the highest chlorine content in this brand, namely (54.73 ppm). Based on the provisions of the Food and Drug Administration (FDA) the United States has recommended that the maximum chlorine limit in sanitary napkins is 0.1 ppm. Consumers who have used the Charm pads in the long term can cause reproductive health problems, such as vaginal discharge, hives, irritation, and even can causecancer cervical.
The Role of an Advocate as a Mediator In Medical Dispute Resolution Fahmi Syaifuddin Ramdhany; Gandhi Pramudhita
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 13 No. 2 (2019): March
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Mediation is an alternative with the resolution of disputes that be a way out in doing with the resolution of disputes which is considered very simple, process fast and low cost, but a mediation process were considered to eye better than the hospitals or the patients and law enforcement. As mandated in number 39 2009 article 29 who explained that “in terms of health workers is suspected of committing an omission in run profession, the negligence would have to be settled first through mediation“, the mediation can be carried out in the court or litigation or outside a court or non-litigation of the court. The importance of a mediation process are needed someone who competent on legal affairs who has committed training a mediator and have passed in an exam held by the agency of education accredited the supreme court and have made an education focusing on the science of law health. The figure of an advocate who have passed training a mediator and had embarked on mastering education of law focusing on the science of law health is necessary in settling medical disputes.
Legal Protection for Patients to Medical Procedures Performed By Young Dentist Rahma Ariesti Lating; Wiwin Indriani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 15 No. 2 (2020): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Constitutes such a basic requirement of man, health so the need is will always to be fulfilled in order to improve the quality of human health, so as to be in his life quality will not cease to be guaranteed.To health services there are the relationship between individual patients, the doctor / medical workers and hospital sources said.The connections serve as a platform for arrangement on the health of the norms to protect patients in the form of health law norms and other like moral, of ethics, of decency, propriety and of order ( herkutanto, introductory law health, 1987.To protect patients from error and omission health services, in 1992 have enacted of act no 23 / 1992 on health and in 1999 have promulgation of the act no.8 / 1999 about consumer protection. The authority of the young doctor to perform the act of medical towards patients not been managed in a legal manner.In rsgmp just make a guidebook profession ( module ), which holds information about rule of action that may be undertaken by the young doctor, dental hospital by law, medical committee, having standard operating procedures they can manage the any action and doctors educator clinic as well as the young doctor were very well informed with responsibility for every one of them, Changing authority given doctor educator clinic to the young doctor administration of, only there has been no rules governing the involvement of in a book.
Sales and Purchase Agreement As The Basis of Land Ownership Transfer Registration In The Context of Tax Amnesty Erika Lierensia
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

In 2016, the President of the Republic of Indonesia legislated the Law of the Republic of Indonesia Number 11 of 2016 on Tax Amnesty. One of the regulated policies is that assets that are still registered in the name of another person and have not been disclosed by the Taxpayer must be disclosed and transferred into the name of the Taxpayer with the exemption of income tax imposition. With this provision, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Released the regulation Number 15 of 2017 concerning the Registration of Transfers on Land Rights in the Framework of Tax Amnesty, and followed up with the issuance of the Circular Announcement Number 9/SE/X/2017 concerning the Implementation Guidelines of the Regulation of the Minister of Agrarian and Spatial Planning/Head of National Land Agency Number 15 of 2017 concerning Registration of Transition of Land Rights in the Context of Tax Amnesty. This Circular Announcement stipulates that the registration of the transfer of land rights is executed by making a nominee statement letter between the Taxpayer and the Nominee, and if previously the nominee statement letter has not been made but a legal act has been carried out, then the party can use the deed of binding and transfer ownership of rights of the land or apartment that are made by a Notary. The agreement of the transfer ownership of land or the apartment unit referred to is the Agreement on the Binding of Sale and Purchase. With this provision, the registration of the transfer of rights of the land is possible on the basis of the Agreement on the Binding of Sale and Purchase whereas the Agreement is a pledge between the prospective seller and the prospective buyer to transfer the rights of ownership of the land at an agreed price.
HD’S Criminal Liability of Drugs Traffickin Based On Article 114 Section (1) Jo. Article 132 Section (1) Law Number 35 of 2009 On Narcotics A.A. Aditya Dharmasaputra
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

The purpose of this research is to fulfill one of the requirements to earn a Bachelor of Law in Faculty of Law, University of Surabaya.The practical purpose of this paper is to determine whether HD, who buys and sells of narcotics can be held guilty as criminally responsible based on Article 114 paragraph (1) jo. Article 132 paragraph (1) Law Number 35 of 2009 on Narcotics. HD was asked by IJ to buy heroin. HD approved the request by IJ and IJ gave money IDR. 120.000,-. HD bought the heroin from D IDR. 100.000, -, thus he gained profit of 20.000, -, kept in his pockets. The police arrested him before he submitted the heroin to IJ. The judges of South Jakarta District Court adjudicated HD as proven of violating Article 112 paragraph (1) of the Law on Narcotics. The results of the study showed that HD can be held guilty as criminally responsible based on Article 114 paragraph (1) jo. Article 132 paragraph (1) of the Law on Narcotics because it has met the four elements of crime and proper clause on attempted in terms of being an intermediary of drugs transactions.
Authority of Banking Supervision And Regulation By Bank Indonesia And Financial Services Authority (OJK) Asep Hery; Surti Yustianti; Daniel Susilo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This study analyzes the regulatory and supervisory authority of banks conducted by the Financial Services Authority set out in Law no. 21 of 2011 which was previously undertaken by Bank Indonesia in fact to apply the principles of prudence and good faith principles to banks in order to prevent the risk of banking crime. Banking supervision and regulation after the issuance of the OJK Law (Financial Services Authority), Bank Indonesia as the central bank only acts as a monetary policy regulator to maintain monetary stability. The problem in this research is about the concept of law of regulation and supervision of banking sector by OJK and how the legal relationship with Bank Indonesia. The type of research used is juridical normative, then the data used secondary data and primary data, the approach in this study using conceptual approach, and komporatif. Bank Indonesia's regulatory and supervisory duties transferred to OJK are only related to microprudential, and the banking arrangements by Bank Indonesia are still conducted by Bank Indonesia only macroprudential, while the regulation of banking by OJK is not fully independent.
Lease Agreement Characteristics of Virtual Office Desi Karunia Sari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 14 No. 1 (2019): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This article is entitled Characteristics of Virtual Office Lease Agreements. This is a normative juridical legal research. The approach used are statute approach and conceptual approach. The problem discussed in this article is Virtual Office lease agreement that uses office addresses as business addresses and make the business address the object of the agreement. In fact, there is no physical address, meaning the object of the agreement is an intangible object that is associated with the validity of the agreement. There are 2 (two) main issues in this research, namely: (1) The concept of objects in a Virtual Office lease agreement rents (2) The application of leasing agreement principle in BW to Virtual Office.

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