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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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Notarist Affairs Reviewed By Law And Notary Department Filianty; Habib Adjie
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

According to article 12 letter a of the Notary Law, notaries can be dishonorably dismissedbecause they have been declared bankrupt based on a court decision that has permanent legal force. This dishonorable dismissed is a treatment that is not in accordance with the concept of bankruptcy because the bankruptcy law itself regulates legal remedies to protect the interests of creditors as regulated in article 24 paragraph 1 of the Law on Bankruptcy. So there is a conflict between the two laws regarding the relevance of dismissal of a notary. This journal discusses whether the provisions in article 12 letter a of the Law of Notary do not conflict with Law on bankruptcy relating to the dismissal of a notary person who has been declared bankrupt by the Minister and. The purpose of this journal is to find out whether the provisions in article 12 letter a of the Law on Notary Position are not in conflict with Law on bankruptcy related to whether the notary can be dismissed from his position if he has been declared bankrupt by the court and the decision has permanent legal force. This journal uses the theory of legal certainty and theory of justice. This journal is a normative juridical study using a Legislative and Conceptual Approach. The result of the writing of this journal is that there is an inconsistency between the Law of Notary and Law ong Bankruptcy because the purpose and spirit of the law are different and dismissal of a notary from his position is irrelevant when viewed from the theory of justice and legal certainty..
Independence of Notary PPAT As Bank Partner Hendrik Handoyo Lugito; Nynda Fatmawati Octarina
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

Notary as a public official who has the authority to make authentic deeds and other deeds mandated by law, where the authentic deeds in accordance with Article 1868 of the Civil Code are deeds made in the form stipulated by law by or in the presence of public officials authorized to that is at the place where the deed was made, and has perfect evidentiary power before a court, unless otherwise stated. In the Bank's operational activities related to the function of the Bank as a channeling institution for funds to the public, it is very necessary to have an authentic deed as a form of legality recognition of the engagement between the Bank and its debtors, and therefore the role of a notary as a partner is urgently needed. However, in the fact, implementation, the Notary must provide an offer to the Bank so that he can enter into a cooperation agreement with the Bank for the preparation of authentic deeds and other matters. The existence of a cooperation agreement between the Bank and the Notary has resulted in the Notary's independence being questioned because it seems as if the Bank can do anything because he is the employer and the Notary is the recipient of the work. Therefore, this study analyzes the level of independence of a notary when he becomes a partner in a bank by conducting research with the juridical-normative method and using a statutory and conceptual approach. The results obtained from this research are the existence of cooperation with the Bank to make the Notary as part of the Bank so that he is not independent in making authentic deeds including in his daily practice both before the cooperation until the time of cooperation. And on this matter, if it is proven that the Notary is not independent, then the authentic deed he has made will become deeds under the hands of the Notary and is threatened by being sued by parties who feel aggrieved by the authentic deed.
Legal Protection Against Notaries In The Process of Authentic Deed Processing Afdol; Baby Nita Selly Veronika
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.91

Abstract

The position of a notary is very necessary in the business world, because it is in accordance with its duties which is to record civil actions and set out in an authentic deed. source of data used in this study is secondary data consisting of primary legal materials in the form of basic norms/rules and related laws and regulations. with the law of protection of notaries in particular The type of research in this legal research is normative legal research, which is a process to find legal rules, legal principles, and legal doctrines in order to answer legal issues faced Engineering and data collection in research This is done by means of library research. Data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, secondary and tertiary related to this research.
Juridical Review of Chemical Castration Action In The Perspective of Criminal Law And Human Rights Aulya Dwisudarini; Muridah Isnawati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.92

Abstract

Children are a gift from God Almighty must be maintained for their survival because children are the future and next generation of the nation. A state commits protecting the children's rights and ensuring children's welfare by issuing several laws and regulations accommodating all children's needs and rights. However, this have not reduce the case numbers of sexual violence against children yet, therefore, the government issued a new regulation, namely Law Number 17 of 2016 which regulates new sanctions for perpetrators of sexual violence and the addition of chemical castration. The purpose of this research is to find out the juridical review of chemical castration in the perspective of criminal law and human rights. The research method used in this research is normative jurisdiction using a law approach. The results of the study found that chemical castration is appropriate for perpetrators of sexual violence against children, because sexual violence against children is a serious, cruel crime. Chemical castration does not violate human rights because it aims to normalize the hormones of pedophiles and the rehabilitation carried out by medical experts is aimed at enabling pedophiles to be normal human beings physically and mentally.
Legal Aspects In The Establishment of A Village Owned Business Entity Deed And its Business Branches Elvareta Elen Bayu Permata
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.96

Abstract

The village is the forerunner to the formation of a government in a unitary state, it can be said that the village is a miniature of a country. There are rights and obligations of village communities, especially in the field of human resource management and natural resources. In carrying out efforts to improve in the economic field, villages can form BUMDESA which has the aim of increasing the income of the villagers. The establishment of BUMDESA can be done through village meetings, if village officials need official documents, it can be made in the form of an authentic deed before a notary in accordance with Article 15 of the Law on Notary Services and its amendments. The type of research in this legal research is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines in order to answer legal issues faced. Techniques and data collection in this research is carried out by means of library research ( library research). Data collection tools used are document studies to obtain secondary data, by reading, studying, researching, analyzing secondary data, with secondary and tertiary related to this research. The purpose of this legal research is to analyze the legal aspects of the establishment of BUMDES which is made with an authentic deed document. The legal issue in this study is the legal aspect of the establishment of bumdes and other business branches, the second legal issue is the role of a notary in the establishment of a village-owned enterprise business unit. The conclusion of this research is that the village government exists and exists until now since the NKRI was formed, the village has the potential of natural resources that must be managed in an accountable, professional and trustworthy manner. Regarding village management, BUMDESA can be used as a means of driving the economy for the village community. That notaries can assist in making deeds relating to the establishment of BUMDESA and BUMDESA business units.
Settlement of Multiple Certificate Disputes On The Same Land Object Rica Intan Febriyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.97

Abstract

Land has an economic aspect with the value of the rupiah increasing every year, in the form of an increase in NJOP on SPPT PBB. Regarding legal land ownership through the inclusion of the owner's name on the land title certificate, several court decisions have found cases of double certificates which are original and authentic certificates. To determine who is entitled to the ownership of land rights in the same object, a lawsuit is made through the district court with the land office as a co-defendant. The purpose of this study is a legal remedy in the event of a land dispute due to dual certificates and the validity of the issuance of multiple certificates whose legality will be recognized according to law. This study uses empirical juridical methods, namely juridical research conducted by examining library materials called library research with a statute approach. Sources of Legal Materials used in this legal research use primary legal materials which are authoritative legal materials, meaning they have authority. The results of this study are the certificates issued by the land agency are valid until they are declared null and void by the district court, on the validity of the dual certificates, the applicable certificate is the land certificate which was issued earlier and declared valid by the panel of judges. Suggestions from this research are that the land office is expected to be more careful in conducting research on physical and juridical data in issuing land rights certificates.
Implementation of Children's Rights Execution In The Perspective of Civil And Islamic Law January Nasya Ayu Taduri; Fairus Augustina Rachmawati; Dian Latifani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.108

Abstract

Divorce or the breaking up of a marriage between husband and wife through a court decision has legal consequences for both parties' rights and obligations, including children. In Indonesia, cases that are often problematic in divorce cases are the failure to achieve the execution of decisions, especially in the context of the right to support the wife and children and child custody. However, in this paper, the author is interested in examining more deeply the obstacles that occur in implementing the execution of child custody decisions that are seen from several legal perspectives, including the compilation of Islamic law, the Marriage Law, the Child Protection Law, and the regulation of the execution process of decisions. in Herziene Inlandsch Reglement (HIR). The legal research method used is Normative Law with a statutory approach or called the statute approach. This paper also uses secondary legal data sources, such as: scientific journals, books, related laws and regulations. The purpose of this paper is to provide solutions related to the obstacles that occur in the implementation of decisions on the execution of child custody rights, which until now often occur and still provide polemics both in society and within the scope of religious and state courts.
Juridical Implications of the Covid-19 Pandemic on Credit Agreements in Indonesia Elvandi Christian Saragih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.109

Abstract

The Covid-19 pandemic has resulted in many people losing their jobs, if the person concerned is a bank debtor, it can result in him failing to make credit instalments to the bank as the creditor. This study aims to find out how the legal consequences of the Covid-19 Pandemic have on credit agreements in Indonesia and how to resolve them in case of default. The results showed that the Covid-19 Pandemic resulted in difficulties for debtors to pay credit instalments to banks as creditors and made debtors in default. Settlement steps that can be taken if the debtor is in default are Termination of the Agreement or Postponement of Debt Payment Obligations. If the cause of the debtor's inability to carry out his obligations as a result of a decrease in income during the Covid-19 Pandemic, the settlement using the Postponement of Debt Payment Obligation is the most appropriate option because in the future after the Covid-19 Pandemic can be resolved, the debtor is considered still can settle its obligations as stated in the Credit Agreement
Establishment of Individual Limited Liability Companies as an Effort for Economic Recovery Due to the Covid-19 Pandemic Amran; Ibnu Arly
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.110

Abstract

Purpose of this study is first, to analyze the establishment of a Limited Liability Company PT Individual. Second, to analyze in the establishment of a Limited Liability Company, an individual PT will support economic progress due to the Covid-19 pandemic. This research uses normative legal research methods. This research concludes, first: The establishment of an Individual Limited Liability Company (PT) can be established by an Indonesian citizen, at least 17 years old, the authorized capital of PT Perseorangan, which is at least 25%, then the proof of payment is submitted to the Minister of Law and Human Rights counting 60 ( sixty) days since deed of establishment of the Company for the Company or filling out the Statement of Establishment for an individual Company and this is done electronically. Second: the creation of regulations regarding the establishment of PT. Individuals is expected to be able to support the improvement of the Indonesian economy due to the Covid-19 pandemic, the existence of PT Persorangan targets the middle class, for micro and small businesses.
Respect For Individual Limited Company (MSMEs) For Pailit Decision Sabrina Isnintias; Moh.Saleh
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 3 (2021): December
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i3.111

Abstract

Ratification of Law Number 11 of 2020 concerning Job Creation (Job Creation Law) brings blessings to Micro, Small and Medium Enterprises (MSMEs) entrepreneurs. Because it provides convenience, protection, and empowerment to MSMEs, it is one of the objectives of the creation of the Job Creation Law which is outlined in the form of a derivative, namely Government Regulation (PP) Number 8 Year 2021. The Job Creation Law is one of the breakthroughs of the Indonesian Government to restore a sluggish economy during the Covid-19 Pandemic, many business sector sectors were hindered and suffered many losses due to the pandemic situation. The PP explains that a Limited Liability Company can be established by 1 (one) founder, specifically PT. Individuals (MSMEs), where this provision raises various questions, one of which is a form of responsibility to a third party (BANK) if PT Individuals (MSMEs) are declared In a state of bankruptcy, the purpose of this study is to identify and analyze the legal aspects of PT Perseorangan's bankruptcy settlement. The benefits of this research are addressed to individual PT directors and legal experts who face similar cases.

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