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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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Constitutional Protection for Ownership Owners Who Reject Consignation Richo Fernando Sitorus; Tahegga Primananda Alfath
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This research aims to analyze the legis ration of granting consignment for development in the public interest and to analyze the constitution providing legal protection for owners of land rights who refuse consignment. This research is a normative legal research with a statutory approach. The legal material analysis technique used in this research is to use descriptive techniques. The results showed that the legis ratio of consignment provisions was based on the social function of land rights as regulated in Article 6 of Law Number 5 of 1960 concerning Basic Agrarian Regulations. The consignment itself is regulated in Article 42 of the Land Acquisition Law. The constitution provides legal protection for owners of land rights who refuse consignment because it is the community's right to get the protection enshrined in the 1945 Constitution and Pancasila as the philosophy of life of the nation and as the Ideology of the Unitary State of the Republic of Indonesia. In the 1945 Constitution Article 28H paragraph (4) states that "every person has the right to have private property rights and such property rights may not be taken arbitrarily by anyone".
The Validity of Determining The Value of Fines In Motor Vehicle Loan Agreements That Exceeds Limitations In the law Ignasius Tungga; 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

The high price of motor vehicles results in not everyone being able to buy cash, non-cash motor vehicle purchases obtained through consumer finance with the lease financing agreement procedure, even though de facto consumers control the goods, BPKB and STNK, but de yure on goods financing contracts whose credit is financed as debt collateral, which means that ownership is on the part of the financial institution. The purpose of this article is: 1) Describe the determination of the value of fines in the credit agreement. 2) Describe the Validity of the determination of penalty value in motor vehicle credit agreements that exceed the limitation in the law. This research is a qualitative normative juridical. The approach used is the statute approach. From the results of the discussion it was concluded: 1) Determination of the value of the fines in the financing credit agreement following LKPP Regulation No. 14/2012. Article 120 Perpres No. 54/2010 Jo. Perpres No. 35/2011 Jo. Perpres No. 70/2012 is 1/1000 or 0.5% of the contract value for each day of delay. 2) Inclusion of Fines in the Raw Clause is based on Article 15 (1) of the Financial Services Authority Regulation No./POJK.05/2014 Jo. Article 38 (1) 35/POJK.05/2018 as a default (negligent/alpha). While the Determination of the value of fines in the motor vehicle credit agreement that Exceeds the Limitation is legal by law as Article 1239 of the Civil Code is strengthened Article 1338, 1339 of the Civil Code.
The validity of the Decree of Members of the Regional House of Representatives (DPRD) as a Credit Guarantee for the Bank Jatim Ita Primaria Lestari; Moh Saleh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Loans are one of the main functions of banks in their operations by asking for the surrender of collateral, problems arise if the decree of appointment of DPRD cannot be qualified as a collateral object. Then the bank must base Article 1b and 1c of the Decree of the Board of Directors of Bank Indonesia N 23/69 / KEP / DIR on February 28, 1991, concerning Credit Provision Guarantees stated that the bank's trust in the debtor's ability to repay the loan in accordance with what was promised. Article 3 The decree stipulates that guarantees can be in the form of goods, projects or claim rights financed with credit, and other items, securities or risk guarantees added as additional collateral. 2) Legal Position of Appointment of DPRD Member Decree Credit agreement at Bank Jatim is a binding guarantee (only as an authentic document that must be fulfilled), which arises because of the underlying agreement.
Legal Protection of Our Guarantee Object Owners After Low Limit Value Fatimah Zahra; Habib Adjie
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

writing of this journal aims to be able to know, analyze and understand about legal protection to the owner of the collateral object for the implementation of the auction with a low limit value. The legal analysis in this journal is focused on being able to find out the protection and legal remedies that can be carried out by the debtor or the owner of the collateral object if the determination of the results of the auction is conducted with a limit value too low than the market value so that it can be used as consideration in analyzing that there is an act against the law . Based on the research it can be seen that the low limit value can be one of the elements of the cancellation of the auction because of consideration of the actions that have been regulated by the legislation that can cause losses, errors, if it is done in accordance with the seller so that it can cause harm to other party. The injured party is the debtor or the owner of the collateral object. Therefore, the determination of auction results below the limit value can be one of the reasons for canceling the auction so that it can protect the owner of the collateral object from loss.
Urgency of Cyber Notary Application In The Pandemic of Covid-19 For The Need of Authentic Deed Isa Anshari Arif; 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

This article aims to find out the urgency about the application of Cyber Notary in the recent times that are experiencing a covid-19 pandemic, this research uses a normative method with deductive logic that explains a general thing then draws it to a specific conclusion. That Cyber Notary should have been implemented in Indonesia where it has previously been provided with facilities in Article 6 of the ITE Law and Article 77 paragraphs (1) and (4) of the Company Law, but because the UUJN-P has not yet regulated and as a lex specialis notary position, the Cyber Notary not applicable yet. However, this must be considered again, considering that during the covid-19 era, which was expected to reduce activities outside the home, to reduce the risk of covid-19 virus and not reduce legal services to the community in the form of making authentic deeds. For the implementation of Cyber Notary requires the requirements in the form of changes to several articles in the legislation namely: (1) Article 1868 of the Civil Code, (2) Articles in UUJN-P, (3) Article 5 paragraph (4) in UU ITE, and ( 4) The Stamp Duty Act which has always identified authentic deeds is always in the form of a written deed. And to reduce the security risks of Cyber Notary, external factors that must be considered are: (a) notary ethics, (b) ongoing notary education, (c) electronic data security techniques, and (d) certification authorization.
Notary Responsibilities of Protocol Holders Toward A Copy of Minuta Due Which Has Not Signed Complete James Pala Joewono; 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

Responsibilities of the Notary Protocol Holder for Copies of the Minutes of Deed that have not been Signed in Complete. This study aims to determine the actions of the protocol holder Notary Public if there is a request for a copy of the minutes of the deed whose incomplete signature and legal consequences if the Notary holder of the protocol provides a copy of the minutary deed whose incomplete signature . This study uses normative juridical law research and is equipped with several approaches, namely the statutory approach, conceptual approach and historical approach. Public Notary is a public official who is authorized to make an authentic deed and has other authority as referred to in Law Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position. When the authority is given then the responsibility will be attached to the notary for the transfer of the protocol, including to the notary recipient of the notary protocol and it is incumbent upon the Notary to provide a copy of the minutes of deed when someone comes to request the copy and in fact there are also found the minutes of the deed not signed completely. Based on this, the problem arises regarding the first, What is the action of the protocol holder Notary Public if there is a request for a copy of the minutes of deed that has not yet completed the signature? second, the legal consequences if the Notary of the protocol holder gives a copy of the minutes of deed whose incomplete signature. The results found in this study are that the Notary Public does not need to issue a request for a copy of the Minutes whose signature is not complete at the request of anyone, and the Public Notary can make a statement that the Minutes of the Deed requested by the parties are incomplete or incomplete signed by the parties.
Responsibilities And Notary Law As A Legal Consultant Reidha Novyca Putri N.S; Habib Adjie
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 1 (2020): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Notary is a public official with the authority to make authentic deed as strong evidence. In the process of making an authentic deed, the client needs advice about legal actions that will be recorded in the authentic deed, this is referred to as legal consulting services by a notary. In practice found a notary as a legal consultant with the inclusion in a separate sign in the notary's office. The purpose of this study is to examine the actions of a notary as a legal consultant. This research method uses a normative juridical method with a conceptual approach and legislation. The conclusion of this research is that the act of installing a signboard as a legal consultant is an unjustified act and the notary can be held accountable for the results of the consultations given.
Juridical Implication of Falsification of Signature in Minutes of Deed of Notary Position (Study of the Supreme Court's Decision Number 1234 K / Pid / 2012) Reza Ardiyanto,S.H; Moh Saleh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Problems in this study, first: how is the juridical implications forged the signatures on the minutes of the deed of the Notary on the Supreme Court judgment No. 1234 k / PID / 2012? Second, how is the legal effect of the Minuta Deed falsified by a notary? This study is normative, normative legal research. The study concluded, first: implications for the post of notary can be categorized into four (4) aspects namely,i) the implications of the engagement deed, ii) Aspects of the administrative office; iii) Professional Aspects of the Membership; vi), the criminal aspect. Second, as a result of the Law of Minuta certificates were forged by a Notary which resulted in deed only has the strength of evidence as the deed under hand, if the parties could prove the authentic act proficiency level in the trial court and resulted in the deed can be canceled and the strength of evidence as the deed under hand will not apply continuing involvement.
The Protection of The Law Patients Privacy of Health Services Johanes Deo Fau; Yustina Sila
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

This research read:“ The protection of the law patients privacy Of health services with 2 (two) case formulations, are: (1) How the regulation of the protection of the law privacy a patient in health services?; (2) How was the end of law a violation of privacy for patients of health workers?. The research is the kind of research law with uses the method law normative. In addition, the study also used the conceptual kinds of abilities. the statute and approach. This research result indicates that privacy is the right of patients that have to be fulfilled by health workers and the means of health services and shall constitutes the obligation of health workers to keep privacy patients who it serves in the act of health, the act of health workers, the act of practices medicine, the act of nursing, regulations related minister midwife practice that requires health workers behind the secrecy was related to the record good patients medical and privacy. A breach of privacy by health workers towards patients will cause due to law when patients and their families feel aggrieved. Due to administrative law civil and criminal can be used as material. accusation of health workers. Hence it is expected that the act of explicitly able to regulate precisely because given health workers keep privacy patients and clarify about privacy rights inherent in themselves patients who must be protected and be protected conducting socialization on the importance of maintaining privacy patients called on the government as well as a means of health services to facilitate a patient to complained about services received that may violate the right of privacy she would had to thrash out as soon as possible in the process of mediation in order to avoid a process litigation can force own. financial losses for.
Analysis of The Principle of Freedom of Contract In A Work Agreement Containing Non-Competition Clause Wahyu Tri Yuliana; N.Santy Parnasari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 2 (2020): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Legal relations between workers and companies is inseparable from work agreements. The formation of work agreements between workers and companies must be in accordance with legal requirements and agreement principles. One of the principles used is the principle of freedom of contract as stipulated in Article 1338 Burgelijk Wetboek voor Indonesie (BW). However, the existence of a company that includes a non-competition clause in a work agreement is one of the preventive measures in order to maintain the company's trade secrets which results in limited space for workers and is contrary to several laws and regulations. This study aims to analyze the principle of freedom of contract in a work agreement that contains a non-competition clause. This is a normative juridical method research with a comparative approach to compare laws and regulations governing the principle of freedom in contracting with non-competition clause of the work agreement. Analytical descriptive is used to describe the principle of freedom in contract with the theory of non-competition clause, thus, this research is qualitative research. However, the principle of freedom of contract cannot be interpreted as absolutely free, the essence must be a balance between the rights and obligations of workers and companies in work agreements. In the inclusion of non-competition clauses, it can limit the movement of workers to find work and this clause basically contradicts several regulations relating to the right to get a job. Work agreement containing non-competition clause does not meet the legal agreement. Therefore, it can be canceled by law based on the provisions of Article 52 paragraph (3) of Law Number 13 Year 2003 concerning Labor.

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