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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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The role of the principle in the legal order in Indonesia Muhammad Hasan; Nida Kristinawati; Heru Kuswanto
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

In the formation of regulations in Indonesia, it cannot be separated from the name of the principle of law because it includes the fundamental in forming a regulation so that it does not conflict with existing regulations, or with terms that are in the law, namely truth coherence. The principle of law is an important element of a rule of law, it can even be said to be the 'heart' of the rule of law. The principle of law will remain and will give birth to further regulations. Ultimately, the principle of law has a dual function, namely as the foundation of a positive legal system and as a critical test stone to the prevailing positive legal system. How does the binding force of the validity of the legal principle and what if there is the principle of law that is contrary to the principle of law. The research method used in this study is normative juridical, with two approaches namely; statute approach and conceptual approach, as for the formulation of the problem in this research is what should be done if the principle is contrary to the principle? The results of this study are that even though the principle contradicts the principle, the solution is to use the principle as a basis in a regulation that is made and see also the conflicting rules for what are the contradictions.
The Development of Indonesia As The Rule of Law Based On 1945 Constitution Before And After Amendments Bambang Panji Gunawan; Surti Yustianti; Mohammad Roesli; Bastianto Nugroho
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

Prior to amendment of the 1945 Constitution, constitutional basis of Indonesia that Indonesia is a state based on law is contained in the preamble of the 1945 Constitution body. Statement that Indonesia is a country of law is also mentioned in the 1945 Constitution explanation. Article 1 (3) of the 1945 Constitution states that "Indonesia is a state of law". The provisions of the aforementioned article constitute the constitutional basis that Indonesia is a state that implements a constitutional system in accordance with the elements of the legal state; law is placed as the only rule in the life of society, nation and state (supremacy of law). There is different meaning between Indonesia is a state based on law and Indonesia is a state law.Applicability of the 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a state based on law.Continental European legal systems recognized rechtsstaat legal state while other parts of the world recognize concept of rule of law state extracted from anglosaxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid, meanwhile the rule of law prioritize equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and rule of law concept.
Judicial Analysis of Banking Criminal Actions Related To Law Number 10 of 1998 Verdy Isdiyanto; Benny Rory Wijaya; Agus Hariyono; Haidir Rahman
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

Banking has the main function as an intermediary, namely collecting funds from the public and channeling them effectively and efficiently to the real sectors to drive the development and stability of a country's economy, the bank bears a large reputation risk. Banks must always maintain the level of trust of customers or the public in order to save their funds in banks, and banks can channel these funds to drive the nation's economy. Banking criminal acts are basically acts against the law carried out, whether intentionally or unintentionally related to institutions, instruments and banking products, so that they cause religious and / or material mischief for the banks themselves or for customers or other third parties. Various kinds of laws and regulations have been issued by the government in the context of overcoming mistakes, negligence, and intentional actions of these insiders.
Notary Criminal Responsibility In Terms of Notary Workers Doing Criminal Following Letters Oktadevi Nurfildzah; 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

Writing this journal aims to analyze and examine how accountability notary in the case of workers committed the crime of forgery. In Article 1, paragraph 1 of Law notary mention that Notary Public Officials authorized to make authentic act and have more authority as referred to this Act or under another Act. Notary otherwise authorized by the attribution of the State through Law Notary. That is, authority attached to office of notary. Carrying out his duties as well as the Notary Public in general assisted by Notary workers. In terms of preparing everything what is needed in the manufacture of an authentic deed. One of the documents tobe prepared by notary public workers is letter. Notary workers only be assistance in carrying out his job. Responsibility for authentic act remains the responsibility of notary. If the workers notary committed the crime of forgery that resulted his disability certificate is authentic, then it possible the notary must responsible. Forgery that can occur because the fake letter, fake powers and authority of the contents of the letter. Forms Criminal Liability Notary notary worker if proof acriminal act of forgery is acriminal participation in the crime of forgery contained in Article 55 Juncto Article 263 paragraph 1 and (2) Penal Code or Article 264 or Article 266 of the Criminal Code, and Article 56 paragraph 1 and Article 263 paragraph 1,2 Penal Code or Article 264 or 266 of the Criminal Code. Because Notary considered negligent in carrying out his duties as well.
Impact of Covid-19 On Indonesia's Economy Novia Putri Mauluddiyah; Habib Adjie
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

This study aims to determine the impact of Covid-19 on the current Indonesian economy and this type of research is a type of data analysis research library, data reduction, data display and verification / conclusion the results of this study indicate the impact of Covid-19 on the Indonesian economy today with various the impact on the economy due to the Covid-19 pandemic that occurred at this time it is necessary to know the impacts that occur namely the difficulty in finding employment, hard to meet the needs of daily life and also do not have income to meet the needs for a day and many troubles were received from all sectors of the economy in all sectors and also felt the effects of Covid-19.
E-Court Implementation In Civil Cities Jurisdiction In The Covid-19 Pandemic Time Hendra Purwanto Arifin; Angga Ferdian; Mochamad Djunaedi; Dewi Ika Agustina
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

In this scientific paper report, it discusses the implementation of e-Court in civil court cases during the Covid-19 pandemic. There are still many parties who do not understand and see how e-Court is in a civil case. In the current digital era, the Supreme Court also supports government programs by minimizing direct contact, avoiding crowds, and using online or online media in court operations manifested in e-Court. Prior to the Covid-19 period, there were already several civil courts using e-Court, but not many cases were tried using the e-Court application so that the parties prefer to hear conventionally. With this pandemic period, it is hoped that the Supreme Court will further encourage the litigant to use e-Court so that the rights of the people to seek justice can still be fulfilled despite the conditions of the Covid-19 pandemic. Because the e-Court application is a program that utilizes technology applications, the Supreme Court should provide education and outreach to judges, court staff, advocates, and the general public regarding and procedures for proceeding with civil cases by e-Court.
Legal Due To The Party Layoff Due To Covid 19 Muhammad Danial Ar Rasyiid; Habib Adjie
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Indonesia became one of the countries infected with Covid-19. This certainly has an impact that can harm the country and society. Therefore, the government issued a policy of Large-Scale Social Restrictions (PSBB) with the aim of deciding the spread of Covid-19. One of the impacts felt by the community with the presence of Covid- 19 is the Termination of Employment (FLE) carried out by several companies to workers on the grounds of force majeure or loss. This reasoning is controversial, bearing in mind that force majeure cannot be said to be a reason that can cause harm as in the Covid-19 outbreak, and is deemed to deviate from Article 164 Paragraph (3) of Law Number 13 Year 2003 concerning Labor.
Procurement of Health Services In The Emergency of Covid 19 Mashudy Hermawan
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The period of the Covid 19 pandemic made the central and regional governments work harder while still paying attention to the principles of good government governance. With the aim of saving the people from the Covid 19 virus, the government is implementing health programs, one of which is the provision of health and support facilities. It is necessary to apply the prudence of law in the process of procurement to avoid things that are against the applicable law. The purpose of this study is to examine the procurement during the Covid 19 pandemic. This research method uses a normative juridical method with a conceptual and statutory approach. Conclusion of research on the procurement of goods and services is a legal instrument to support public service activities, during the emergency of Covid 19, players in the procurement of medical devices / health support goods are encouraged to use legal aid if the price offered by the provider soars
Protection From The Government Related To Manpower Rights Handling Covid-19 Patients Hendro Suwono
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Health workers have a very important role in the implementation of health efforts carried out in terms of providing health services for the community in accordance with laws and regulations. During the Covid 19 pandemic it was recorded that a number of medical personnel died due to exposure to Covid 19. This legal research aims to determine the role of the government in providing protection for medical personnel who handle Covid 19.
Overmacht As The Basis of Giving Stimulus To Bank Customers Affected By Covid 19 Hascaria Budi Prasetyo
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The Covid 19 pandemic has seriously hurt the global economy both at micro and macro levels. The impact of the Covid 19 pandemic in the form of workers losing their jobs and several business sectors unable to operate again, this causes debtors to be unable to pay off creditors' debts and causes defaults in accordance with agreements agreed upon by banks and debtors. The impact of covid 19 can be categorized as a state of force / overmacht, so that the Government through the Financial Services Authority makes a rule that banks can provide stimulus facilities for bank debtors as. This study aims to determine the limit of the stimulus provided by banks to debtors who are affected by covid 19.

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