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YURISDIKSI : Jurnal Wacana Hukum dan Sains
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Health, Social,
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
The Concept of State Defense in the Millennial Era and in the midst of the Pandemic Covid -19 According to the Foundation of State Defense in Article 27 Paragraph (3) and Article 30 Paragraph (1) of UUD 1945 (by PPWK activities National Insight Education Ragil Ira Mayasari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Based on Article 27 Paragraph (3) and Article 30 Paragraph (1) of UUD 1945 in increasing the sense of State Defense, Bakesbangpol Mojokerto City plays an active role among high school students in Mojokerto City with the PPWK activity "Education Center with National Insights"The method used in this research is using the juridical empirical method. What is meant by Juridical Empirical is that in analyzing problems, it is done by combining legal materials (which are secondary data) and primary data obtained from the field. As a scientific activity, this research is not based on reviewing only one discipline, but is based on the perspective of the relevant educational disciplines. However, although the research carried out uses the perspective of educational disciplines, it is still a legal research where in this study the perspective of the discipline of law is only used as a tool in its implementation. With the research conducted for ± 10 months, namely in February-November, significant results were obtained where the data was obtained from the comparison of the average student answers through the pre-test and post-test. So it can be concluded, that with the PPWK activity "National Insights Education Center" carried out in high schools in Mojokerto City, it can help realize the Concept of State Defense in the Millennial Era and in the midst of the Covid 19 Pandemic According to the Foundation of State Defense in Article 27 Paragraph (3) and Article 30 Paragraph (1) of UUD 1945.
Implications of Article 28 H Verse (1) UUD 1945 Related To State Responsibilities In The Pandemic of Covid-19 Yusuf Mardhani
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 1945 Constitution has regulated the State's obligation to fulfill the right to life of its citizens, namely in Article 28 paragraph (1) of the 1945 Constitution. "Everyone has the right to live in physical and mental prosperity, to live and get a good and healthy living environment and the right to obtain health services". This means that in relation to this concept, the government is fully tasked with fulfilling all aspects needed by the community to comply with the rules in the article. With the danger of infectious diseases like what is happening today, namely the presence of COVID-19, the government must work harder in fulfilling its obligations. Meanwhile, citizens have the right to sue the government when their constitutional rights are deemed neglected by the government. This study uses a descriptive normative method, namely by combining the analysis of a legal rule that has been in effect and presented using an explanation and depiction of the flow and the results of the author's analysis with in-depth data presentation. Citizens who consider the government not taking proper COVID-19 precautions, not fully serious in providing health services to citizens who test positive for COVID-19, or not maximizing efforts to prevent the spread of COVID-19, then these citizens can apply lawsuits against the government. The lawsuit is addressed to the State Administrative Court with evidences where when the lawsuit is granted by the court, the citizen can claim compensation against the government regarding the losses suffered by the citizen.
Digitalization of Notary Deeds In The Era of Industrial Revolution 4.0 In Facing The Covid-19 Pandemic Yoga Andriyanto, SH; Dr. Rusdianto Sesung, SH, MH
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 3 (2020): Desember
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Purpose of this research is first, to analyze the digitization of deeds and notary deeds that do not conflict with the Law on Notary Position. Second, to analyze legal certainty in changing the behavior of notaries who use digital media in the era of the industrial revolution 4.0 and facing the Covid-19 pandemic when making and storing minimum deeds. This research uses normative legal research methods. This research concludes, firstly: Notary deed and minuta deed are very important state documents, so that in their storage the Notary is obliged to maintain and safeguard them properly, regulated in UUJN Article 1 point 13. Storage of Notary deed minuta documents using electronic media has not been regulated in UUJN, however, Article 6 of the ITE Law considers the validity of an electronic document, even though the evidence according to Article 1866 of the Criminal Code and Article 184 of the Criminal Procedure Code does not explain the existence of electronic evidence, in which a notary deed is an authentic deed in accordance with UUJN Article 1 point 1. Second: Changes in the work behavior of Notaries In the era of the industrial revolution 4.0 and facing the Covid-19 pandemic, the creation and storage of digital notary deeds requires certainty and protection from the Government and the Indonesian Notary Association (INI). Digitalization as a form of notary adhering to health protocols and protection for minimum notary deeds from damage caused by natural disasters, fire and being eaten by termites and excess space.
Imposition of Sanctions For Regional Heads For Disclaimer of Violations of The Covid 19 Health Protocol Vania Chrisdiana Rejeki; 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

Covid pandemic has been determined by WHO which has an impact on all countries around the world, the impact of Covid 19 is not only on the global economic sector but on the social and cultural sectors as well. To prevent and combat this pandemic, it is necessary to enforce legal rules regarding health protocols by the central and local governments along with the participation of the community to make Indonesia free from Covid 19. It was found that there were still violations of the Covid 19 health protocol committed by the community, the regional head as the holder. regional authorities are liable for violations of health protocols.
Limitations of Authority of Implementation of Tasks In Running The Local Government Duty Susanto; Mega Lestari
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Where constitutional conflicts occur, which is actually a law that prohibits Acting from signing APBD, but a Ministerial Regulation allows Plt to sign APBD. Where there are written rules that leave regulations outside the State Dependency for Governors, Regents and Mayors explaining an authority written by the Acting Minister of Domestic Affairs Article 9 Letter d paragraph 1 Number 74 Year 2016. That can be signed if obtained approval from the minister in writing which is about the Regional Budget and Regional Regulations on the Organization of Regional Apparatuses. However, there is a difference wherein that the Finance Law no 17 of 2003 is different from the Minister of Home Affairs Regulation 74 of 2016. Bring the contents of the Financial Act Number 17 of 2003 to state the written financial management authority that obtains power from the president, which is meant towards the regional head. Whereas where the Head of Province, regent, and mayor who are regional government officials can work on regional finances and represent regional officials in the ownership of separated regional assets. The contents are the rules written in article 6 letter c of Act 17 of 2003 concerning finance. Therefore, where the Permendagri's position is under the Act. If the APBD can be signed by an Acting Officer, then it can be sued and may be invalid. Where, there are provisions in the signing of the Regional Budget which is legitimate or is a Governor or Acting Actor, not an Acting Actor. Although where Permendagri Number 74 of 2016 can make APBD signed by the Acting Act, the financial law states that the Governor or Acting Actor can sign the APBD except Acting.
Legis Ratio of School Zonation System In Receiving New Students Megantara Hanandyo Mulyono; Indriyanti Ayu Trisnawati; Pongga Adji Ardiansyah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Education is a process or effort of every nation that is unbroken in nature at all levels of human life, in accordance with the development of society and culture that aims to achieve perfection and maturity in humans, so that with awareness and responsibility can face various problems of life. [1] It can be said that education is the key to the success of a nation, because education can improve the nation's Human Resources. Based on this the government issued regulations that regulate everything about education so that education in Indonesia is right on target and in line with expectations. One of them is the Minister of Education and Culture Regulation Number 20 of 2019 concerning Amendments to the Minister of Education and Culture Regulation Number 51 of 2018 concerning the Acceptance of New Students in Kindergartens, Elementary Schools, Middle Schools, High Schools, and Vocational High Schools . Wherein the Minister of Education and Culture Regulation No. 20 of 2019 is regulated regarding the school zoning system. in which regulates the school zoning system. The research method used in this study is to use normative juridical legal research methods, with 2 (two) approaches, namely: statute approach and conceptual approach. The formulation of the problem of this research is: What is the legis ratio in Minister of Education and Culture Regulation Number 20 Year 2019? The results of this study indicate that the legis ratio of the Minister of Education and Culture Regulation No. 20 of 2019 is that the acceptance of new students can be done objectively, accountably, transparently, and without discrimination. In addition, there is also an equitable distribution of quality education.
Indonesian Labor Protection through Social Employment Security in Sustainable Development Goals (SDGs) Perspective Nur Hadiyati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

The goal of the Indonesian state is to improve people's welfare. This goal is further emphasized by developing a social security system for the welfare of all people. Fulfillment of socio-economic protection that is evenly distributed and does not differentiate between social groups must be carried out by the government because it contains the state ideology which states social justice for all people. To provide social security for all the people, especially workers, Indonesia has established Law Number 40 of 2004 concerning the National Social Security System. Based on this, this study aims to examine whether the existing social security system in Indonesia protects the people, especially workers, based on the perspective of Sustainable Development Goals (SDGs). The research method used in answering the problem is a normative legal research method with a statutory approach, a conceptual approach, and a historical approach. This research is expected to be able to contribute knowledge and literacy to society and academics related to labor protection. This research shows that labor social security is a form of protection provided to workers and their families against various labor market risks. From the SDGs perspective, the protection of workers through employment social security can reflect the SDGs Goal 8, namely decent work and economic growth, promoting sustainable and inclusive economic growth, employment, and decent work for all.
Legal Protection Against The Consumer For Unlawful Actions Conducted By Business Personnel Asa Prayoga Jiwangga; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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This study aims to determine and analyze the form of legal protection and the consequences of an illegal act committed by a business actor in violating an agreement and done intentionally. The research method in this study uses a normative research method and uses the statute approach method (statutory approach) and the conceptual approach (concept approach). The result of this study is that legal protection is one of the legal certainties that is in the spotlight of the Indonesian government so that Indonesian citizens can carry out normal activities in the community without fear of an act that is detrimental to them. Legal protection for consumers is a reference for the government in reducing arbitrary attitudes by businesses and consumers. As evidence of the government's efforts to protect consumer rights, Law Number 8 of 1999 concerning Consumer Protection or commonly abbreviated as the Consumer Protection Act was born. One of the actions that often occur as a result of arbitrary attitudes committed by business actors is an act against the law as stipulated in article 1365 of the Civil Code. As a form of legal protection, sanctions or compensation for the consequences of unlawful acts is applied. The application of sanctions or compensation is not formulated in Article 1365 of the Civil Code, but the application of sanctions or compensation is applied through a district court decision.
Liability Against Wedding Organizer Default Naufal Syaughi Margono; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Marriage is one of the human needs there are various kinds of ways for marriage, one of the most popular in the modern era is now using the services of a wedding organizer, pandamanda is one of the wedding organizer services that dares to offer rental prices for services at prices below the average price of wedding planners in general. However, at the time the implementation carried out by Pandamanda to the consumer was not in accordance with what was promised, when the date of the wedding had taken place it turned out that the food in the wedding ceremony was not available. The formulation of the problems contained in this study were: 1 ) What is the legal protection for the default act committed by the wedding organizer to the consumer? 2) What is the legal action taken by the consumer as a result of the default by the Wedding Oganizer? The objectives of this research are 1) To find out and analyze legal actions for default actions committed by the wedding planner 2) To find out and analyze legal actions taken by consumers due to default actions by the wedding planner. The results of this study is a party that defaults to consumers as regulated in article 1243 of the Civil Code which reads that compensation for costs, losses and interest due to failure to fulfill an agreement shall begin to be obliged if the debtor, although declared negligent to carry out the engagement.
Legal Enforcement Efforts On Traffic Violations Made By Students Under The Age In Surabaya City Ebit Rudianto; Vivin Indrianita; Mohammad Roesli
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 16 No. 4 (2021): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

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Abstract

Law enforcement in the State is carried out in a preventive and repressive manner. Preventive law enforcement is in place to prevent violations of the law by citizens and this task is generally assigned to the executive bodies and the police. Repressive law enforcement at the operational level (its implementation) is supported and through various institutions that are organizationally separate from one another, but remain within the framework of law enforcement, starting from: the Police, the Attorney General's Office, the Courts, to Correctional Institutions. There are many problems related to law violations, ranging from minor to severe. Minor offenses that often occur in traffic problems, such as not wearing a helmet, running a red light, not having a SIM or STNK, not turning on the lights during the day, and hitchhiking are considered cultured among the community and school students. Traffic violations like that are considered to have become a habit for road users, so that every time an orderly operation of traffic is carried out on the highway by the authorities, not a few cases of traffic violations are caught and often because these violations often lead to traffic accidents. cross. Driving a vehicle inadvertently and exceeding the maximum speed seems to be an immature behavior. However, most drivers are aware of the dangers faced when driving a vehicle over this maximum speed. However, in reality, there are not a few drivers who do this, especially school students, so that many traffic violations cause traffic accidents.

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