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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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Customers’ Accounts Receivable Late Submission to Curator of Insurance Companies Facing Banckruptcy (Bumi Asih Jaya Insurance Bankruptcy Case) Anisa Retno Kusumadewi
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 is a normative juridical legal research, i.e a research that examines applicable laws and regulations. Decision of the Supreme Court Number 408 K/Pdt.Sus-Pailit/2015 granted a request for bankruptcy by the Financial Services Authority (OJK) because the application fulfilled the bankruptcy requirements as Article 2 paragraph (1) of the Bankruptcy Law which states that the Debtor has two or more Creditors and does not pay at least one debt that has matured and can be billed, is declared bankrupt with a court decision, both on its own request and on the request of one or more creditors. In 2016, Curator also invited creditors and policy holders of PT Asuransi Jiwa Bumi Asih Jaya to attend the first creditor meeting. Policyholders submitted bills to the curator with the deadline for submitting bills on August 30, 2016. Until today, not all of the policyholders of PT Asuransi Bumi Asih Jaya have been paid by the policy and most of them have not received information about bankruptcy assets carried out by the curator. The author examines two points, first the customer position as the insurance policy holder if the insurance company is bankrupt and their legal ffforts as the holders the policy if the insurance company is bankrupt and are late in registering the receivables to the Curator. The customers’ position is viewed from the perspective of Civil Law and Insurance rules, through the principle of lex specialis derograt legi generali, its position as policyholder is included in the preferred creditor. Legal remedies can be taken by the insurance policy holder to the curator because after a company is bankrupt, the bankruptcy is the responsibility of the curator.
Civil Law Review Non-performing Loan Settlement Loans Revolving Funds National Program for Community Empowerment in Urban Ebit Rudianto; Mohammad Roesli
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 find out the process of implementing revolving fund loans to PNPMMP and how the settlement of problem loans in revolving fund loans under PNPMMP in terms of the credit agreement law and guarantee law. The problem is the process of implementing PNPMMP revolving loan funds, the obstacles encountered in the process of revolving fund lending and the settlement of problem loans in PNPMMP revolving loan loans in terms of the credit agreement law and guarantee law. The method used in the writing of this thesis is a normative juridical research method and is supported by a descriptive empirical juridical research method, which expresses legislation relating to implementation in society which is the object of research. The lending goes through several stages namely the loan application stage, the inspection stage, the decision stage, and the loan realization stage. This revolving fund loan is very large, felt useful in helping the progress of people's economic life but is not always going well and smoothly, delinquent loans become a common obstacle in the process of lending because revolving non-current funds into problem loans due to KSM defaults due to substandard debtor business, one of KSM members do not make loan repayments, the joint responsibility system is not implemented. Settlement of problem loans is resolved through deliberation and through 3 approaches, namely collecting arrears, rescuing non-performing loans (rescheduling, reconditioning and restructuring) and billing through legal channels.
Legal Protection For Instant Coconut Milk Consumer Wikan Tri Restu Yanuarti; Kendy Lukianto Kusumohadi
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

Consumer protection is a fairly new thing in the laws and regulations in Indonesia. Despite the call for the need of comprehensive legislation for consumers has been socialized for a long time, it was only on April 20, 1999 the government of the Republic of Indonesia issued and enacted Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as the Consumer Protection Act) . This study aims to describe a number of things, which include the legality of food additives in instant coconut milk circulating in Indonesia, as well as understanding the legal liability of businessmen of instant coconut milk products containing food additives that exceed the threshold. The results of data analysis are obtained as follows. First, according to Law Number 7 of 1996 concerning Food, it is regulated about food / food additives, including: Article 10 Paragraph (1): Every person who produces food for distribution is prohibited from using any material as food additive which is declared prohibited or exceed the maximum limit set. Food Additives may be used in the production of instant coconut milk, except that the level of use must not exceed the threshold set by BPOM. Article 11 also states: ... Materials that will be used as food additives, but whose impacts on human health are not yet known, must first be examined for security, and their use in food production activities or processes for distribution is carried out after obtaining approval from the government. Second, the legal liability of business actors who use food additives that exceed the threshold can be requested for litigation, both by conducting criminal and civil claims. Or resolved beyond litigation with a pattern of mediation, arbitration and conciliation.
The Legal Liability of The Government And Employers In The Exclusive Breastfeeding Program Lilis Qomariyah Nur Wachidah; Fitriani
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

Breastfeeding is a staple food and the main nutrition source for newborn of 0-6 month old who still can not digest solid food. Exclusive breastfeeding is a process of giving only breastfeeding for the first 6 month old without giving any additional food for baby. The method that was used for this research was normative jurisprudence research, which came from reviewing written law from several aspect and law norms then continued to do research to get a conclusion. From research’s result, it can be concluded that Government Responsibility and Employer in Exclusive Breastfeeding program are the rules that every mother who is working and do the exclusive breastfeeding program should get place for breastfeeding and milk squeezing room (Lactation’s Room). The sanctions that will be given if this thing is being ignored are the employer will get criminal sanction for 1 year and fine for one hundred million rupiahs (Rp. 100.000.000). Therefore in the needs for health improvement, it should be done the Counseling program for whole community about the important of breastfeeding wherever and whenever without exception in office especially for working mothers. In this point the government should confirm that the rule is well done even from monitoring until the sanction is given.
The Law Protection of The Hospital In Cooperation With Health BPJS Contract Herni Budiyanti
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

Characteristic of the contract of cooperation between bpjs health with hospitals is the contract of public, so that the contents of the contract is what i instruct you tie these two sides.As long as the complexity of the hospital care make a rather complex and difficult negotiated by the hospital when the fine print. pre-contract and it is time for the Walk contract always of the nature of a monopoly parties bpjs health are more dominant.And household characteristics sick with another.And yet the reason uniformity contract the hospital across Indonesia the contents of an agreement at the same.It is pretty obvious that a lot of difference basic in the perspective of the project, human resources and different working capital. The principle of proportional meaningful his exchange that provide the basis or form the basis of the rights and obligations of the parties in accordance proportion or its part of the whole process of contractual arrangement.The principle of proportionality presupposes the division of the rights and obligations of manifested in the whole process of contractual arrangement, good at phase pre-contractual, the formation of a contract and the implementation of the contract ( pre-contractual, contractual, post contractual.The principle of proportional transcendental the context of its relations and the interests of the parties ( maintain the sustainability of the relations that take place conducive and fair ). Legal protection for hospitals there are for example through a contract that has been signed with a signature that is be law enforcement for both sides.
Legal Review of the Late Notification of Acquisition of Commission for Supervision of Business Competition (Study of KPPU Case Decision No: 07/KPPU-M/2018) Hari Sutra Disemadi; Agung Sujati Winata
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

The form of economic activity carried out by entrepreneurs is the acquisition of shares. Takeover is a way of developing an existing company or saving a company that is experiencing capital shortages or difficulties. One of the companies that made the acquisition was PT Nippon Indosari Corpindo, Tbk. The company that has been acquired is PT. Prima Top Boga on January 24, 2018. The type of legal research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The purpose of this study is to find out the legal analysis of the delay in notification (acquisition) of PT. Prima Top Boga by PT. Nippon Indosari Corpindo, Tbk., to KPPU and knows the stages of notification and evaluation of MPU for the acquisition of a company. The results of this study show, PT. Nippon Indosari Corpindo, Tbk., Has been proven to be slow in notifying acquisition of KPPU as stipulated in Law No. 5 of 1999 jo. Government Regulation No. 57 of 2010. Business actors wishing to make notifications regarding acquisitions that result in assets and/or sales value exceeding the stipulated provisions are required to carry out consultations as well as notifications according to the stages available.
Juridical Analysis Among Special Confiscation At The Criminal Procedure Code And General Confiscation In Bankruptcy Law Adhi Setyo Prabowo
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

Bankruptcy means all matters relating to bankruptcy. Since the opinion of bankruptcy towards the debtor must go through a litigation process through the examination phase, everything related to the bankruptcy event is called bankruptcy. According to M. Hadi Shubhan, bankruptcy is a place where debtors are unable to make payments on creditors' debts. The management and empowerment of bankrupt assets are carried out by the curator under the supervision of a supervising judge with the main objective of the proceeds of the sale being to pay all debtor debt expenses proportionally and in accordance with the creditor structure. The curator is not the owner of bankruptcy property. Curators can only rely on creditors and debtors who meet the requirements and tidy up bankrupt assets for the benefit of creditors. Criminal law and civil law are two laws that often intersect or intersect, including in the bankruptcy compilation law the confiscation of assets belonging to the debtor. In carrying out their duties, curators are often confronted by police investigators or prosecutors compiling with confiscation of freedom over the portion of debtor's bankrupt assets. Conflicts between the interests of the police and the Attorney General's Office to carry out responsibility for the interests of the curator to conduct general confiscation of bankruptcy still frequently occur in the field. Article 39 paragraph (1) and paragraph (2) of the Criminal Procedure Code seized by investigators including objects that are in confiscation due to civil cases or bankruptcy can also be confiscated for the purposes of investigation, prosecution and trial of cases necessary. Article 39 Paragraph (2) of the Criminal Procedure Code gives the investigator legitimacy for confiscation of objects that have exceeded the general bankruptcy confiscation, as referred to in Article 39 paragraph (2) of the Criminal Procedure Code in conflict with Article 31 Paragraph (2) shall be made void and if requested by the Supervising Judge have to ask for a strike. This second article discusses clashes and difficulties in their application. One of the cases discussed was about general confiscation which was then confiscated by murder. Article 31 paragraph (2) of this UUK only covers in the realm of civil law and in accordance with the bankruptcy research event can be confiscated because of bankruptcy due to the pronouncement of bankruptcy by the judge, then all confiscation of bankrupt assets becomes invalid again. Article 39 Paragraph (2) of the Criminal Code states that objects in a bankruptcy case can be confiscated by investigators for the purpose of investigating, prosecuting and prosecuting court cases, therefore confiscation in legal proceedings must take precedence.
Criminal Appropriation From Money Laundering And Corruption Crime Andy Rachman; R. Bayu Probo S; Aditya Budi Susetyo; Inal Sainal Saiful3
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The rampant criminal acts of corruption in the country have not only affected the country's finances but have violated the social and economic rights of the people, corruption is no longer a national problem, so it has become a transnational phenomenon to eradicate it. The difficulty in eradicating criminal acts of corruption, including money laundering (money laundering), is because our legal norms are still very dependent on the Criminal Procedure Act (KUHAP), the principle of which is the acusatoir principle, including the principle that can be guessed or accused as a topic related to an examination trial case. The freedom of giving and obtaining legal freedom that governs shows the principle of acusatoir, which means the difference between preliminary hearings and court hearings on the principle has been eliminated. After the entry into force of the Criminal Procedure Code, the rights of the suspect are questioned. This is because whoever indicted, namely the prosecutor, is he who is obliged to prove the indictment. Authority of the Prosecutor's Office in the field of prosecution and education for special crimes, based on Article 30 paragraph (2) of Law Number 16 Year 2004 concerning the Republic of Indonesia Prosecutor's Office, namely: courts for and on behalf of the state or government."
The Rights of Patients as Consumers of Health Care Services In The Transaction of The Therapeutic Deetje Christy Anggraini; Etty Marjati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The therapeutic is a legal relationship between the doctor with patient medical services professionally based whose competence in accordance with sophistication and skill in particular in medical field ( Komalawati,1999:1 ). As a legal relationship and has rights and duties of the parties which were elements of that cannot be separated from the therapeutic. In contrast to engagements in general have, similarity in it so frequently in the therapeutic imbalance each other parties as the seat of the knowledge and understanding of, engagements hence the legal duty to provide balance through recognition and protection laws against rights patients in the underlying transactions law. was therapeutic. The rights of patients that rises of two the basic rights of the right to health care and the right of self determination In the implementation have to reflect the values of human rights back, in addition to fulfill their rights these patients also could become one of the indicators to obligation that should be adopted by a doctor.
Government Responsibility for Troubled Land Rights Lawsuit Moh. Imron Fauzi Hidayatullah; Nynda Fatmawati Octarina
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Land registration in Indonesia adheres to a mixed system, a negative system with a positive tendency, meaning that the state does not guarantee the absolute truth of the data presented in the certificate, but as long as no one else filed a lawsuit in court who felt more entitled, so the data in the certificate was proof of strong rights. This research is a non-analytic normative juridical study, the theoretical basis used is the level of normative / contemplative legal theory, the approach in this research is the statute approach. The analysis used is qualitative juridical analysis, namely by collecting and collecting material material, then arranged in a particular framework, then analyzed according to the means of analysis by interpreting the law, legal construction, and legal arguments. From the results of the discussion it was concluded: 1) the lawsuit is judicially premature. The police report cannot be used as a basis for filing a quo lawsuit before obtaining a permanent legal judgment. 2) Lawsuit filed by the Plaintiff less parties (plurium litis consortium), and Lawsuit cannot be accepted (niet ontvankelijk verklaard). 3) The Plaintiff has never owned land that was the Object of the Plaintiff I. The Plaintiff has never owned two land which became Object Plaintiff II but the Plaintiff has signed a power of attorney and a sale and purchase certificate to release ownership of the two land areas. 4) Government Regulation No. 24/1997 introduces the principle of legal certainty as regulated in Article 32 which reflects the shift in the system adopted by land registration in Indonesia from negative system to negative system plus Government.

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