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YURISDIKSI : Jurnal Wacana Hukum dan Sains
Published by Universitas Surabaya
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 122 Documents
Traditional Society Assessed From Legal Sociology Bagus Kurnianto
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Law as a cultural product has always existed in every society, both traditional and primitive societies. Law develops and grows in society itself. Laws are not formed, but laws are found. Therefore, every society has laws that have lived and grown together with the growth and development of society. This law is known as the living law. However, as modern countries grow and develop, the living law tends to be eliminated and replaced with positive law. The living law is not considered law. Even in the civil law tradition, positive law (law) in Indonesia is the main source of law, but in reality the living law is still recognized to some extent. So that the judge who has the authority to decide a case, it is fitting to explore the sense of law that grows and develops in communities, especially indigenous peoples who have already used customary law in society.
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.
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

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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 Protection Against Taxpayers After Entirement of Automatic Exchange of Information Moh Saleh; Any Palaud
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Purpose of this study is to determine the legal consequences of the implementation of Automatic Exchange of Information related to bank secrecy and to determine the form of legal protection for taxpayers after the implementation of Automatic Exchange of Information. The author uses a normative juridical research method as well as aapproach statute and a conceptual approach. From the research results, it can be concluded that the implementation of the Automatic Exchange of Information does not completely override bank secrecy norms, but only requires financial services institutions to provide financial information for depositors and their deposits in accordance with established regulations, and the enforcement of these rules is solely for tax purposes. and not for other purposes, so that outside of taxation purposes, the regulations protecting bank secrecy are still valid. And the form of legal protection provided by the government to taxpayers is in the form of statutory regulations that still guarantee bank secrecy outside of taxation interests, that access to data opening is only given to certain officials of the Directorate General of Taxes so that confidentiality can be more guaranteed and the government will provide criminal sanctions. for officials who leak the data in accordance with the prevailing laws and regulations.
Legal Protection For Taxpayers In The Tax Examination Process Moh Saleh; Handriono
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Tax auditing is something that is avoided by many taxpayers. However, due to one reason or another, the Taxpayer cannot avoid the Tax Audit. Therefore, the taxpayer should understand the process of a tax audit. The purpose of this research is to provide an overview of the things that need to be considered by taxpayers in facing the examination through a review of the Minister of Finance Regulation Number 184 / PMK.03 / 2015 concerning Amendments to PMK Number 17 / PMK.03 / 2013 concerning Procedures Examination. Through this study, it is hoped that it can help the taxpayers in understanding the tax audit process so that they can avoid things that harm the taxpayers. For the Directorate General of Taxes, the review is expected to be an input to improve existing laws and regulations related to tax audits in order to provide legal protection to taxpayers.
Legal Efforts of Justice Collaborator In Corruption Crime Ferry Vincentius
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

In writing this paper the author discusses about Legal Effort for Cooperating Witness (Justice Collaborators) in Corruption Crime. This is motivated by legal effort because of the lack of legal protection for the actors who Cooperating Witness (Justice Collaborators) in Indonesia. So the author wants to do a juridical study of the status of the Cooperating Witness (Justice Collaborators) and the legal effort of the witnesses who are status as Cooperating Witness (Justice Collaborators).This is done to find a concept that can be incorporated into the criminal justice system in Indonesia. So that it is hoped that a good form of protection will be created for the Cooperating Witness (Justice Collaborators) who in the end can be a good step to provide opportunities for the public to provide information and information in uncovering serious and organized crimes in the future.
Legal Gap In The Determination of Moderate Wound By Forensic Doctors On Visum Et Repertum In Criminal Case Wahyu Putra Pratama, S.Kep
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The present research is about “Legal Gap in Determination of Moderate Wounds by forensic pathologists on Visum Et Repertum in Criminal Court”. There is a problem that legal concept of moderate wound on visum et repertum and legal gap for determining the state of moderate wounds by forensic pathologists at Visum et Repertum. This is a normative research with conceptual approach, statute approach, and case approach. Legal experts acknowledge moderate wound, which is a kind of wound or injury in between a minor and severe conditions. A legal gap created by the absence of moderate wound in law which is a familiar term criminal court. Regarding forensic pathologists competensies, they determine moderate injuries victims whose have economic impaired without physical disturbance.
Development of Regulations And Procedures And Constraints In The Process of Criminal Procedures In The Corona Virus Pandemic (Covid-19) Didit Agung Nugroho; Denny Iswanto; Masrun; Oula Dewi Nurlaily
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

The first case of Covid-19 was in March 2020, the government continues to make efforts to take mitigative steps and handle them as optimally as possible so that this virus does not spread further and brings fatalities. Various policy options were adopted to block the rate of spread, starting from the application of physical distancing, to Large-Scale Social Restrictions in various areas mapped as the epicenter of the spread. The impact of the COVID-19 corona virus pandemic has changed the pattern of human life from conventional to online. This also occurs in the criminal court trial process in Indonesia, with the issuance of Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Electronic Courts (online criminal court) so that criminal proceedings were initially conducted face-to-face but are now being carried out online / electronically. With this writing, it is hoped that it can provide benefits to legal practitioners and the general public regarding the mechanisms for online / electronic criminal case proceedings. The research method used is a normative juridical approach to legislation and a conceptual approach. Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Electronic Court (online criminal trial) guarantees the proceedings of the case without being constrained by forced or emergency situations so that it can better ensure the rights of the defendant with due process of law certainty laws are fulfilled. Since the holding of an electronic criminal trial, several obstacles have been identified, particularly regarding the uneven and unstable internet connection throughout Indonesia; the ability and knowledge of court officials of electronic trial support technology; as well as the uneven court equipment and equipment with adequate technology that can support the holding of electronic trials. Advocates and legal aid organizations also voiced objections to the existence of regulations that allow defendants to attend electronic hearings without being accompanied by lawyers, as well as questioning how the guarantee of fulfilling the right to a fair trial can be adopted in electronic trials.
Legal Remedies of Victim of Online Sales and Buying Fraud and Authority To Block Account of Criminal Banks Annas Huda Sofianuddin; Ferry Hary Ardianto; Sulfikar; Eko Budisusanto
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

Information technology has grown rapidly lately, especially in the internet media. There are so many positive benefits with the presence of this internet media, which is that it can simplify one's work or communication, including buying and selling which is usually done face-to-face, which is now sufficient through the internet media Even though it has a positive impact, buying and selling online also has a negative impact, namely that someone can commit fraud. There have been many victims as a result of online buying and selling fraud committed by irresponsible individuals or parties so that it is hoped that this article can provide insight and knowledge to practitioners and the general public regarding what legal measures can be taken to restore their rights. This article uses a normative juridical writing method with a statutory approach and a conceptual approach. The result of this writing is that if someone feels aggrieved and is a victim of online buying and selling fraud, that person can make a police report and then can submit an application to the bank to block the account of the criminal buying and selling online.
The Authority of The Indonesian Navy In Conducting Investigations of Criminal Acts of Narcotics Through The Indonesian Sea M.Iqbal
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni
Publisher : Faculty of Law, Merdeka University Surabaya

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Abstract

In its main task, the Indonesian Navy has duties, one which is to carry out law enforcement at sea. Indonesia's position is in the cross position of the world and is used as the Sea Lines of Communication (SLOC) and Sea Lines of Oil Trade (SLOT), as well as being one of the most strategic regions in the Asia Pacific region as the center of economic growth (Center for Economic Growth). The vast area of ​​the Indonesian sea makes it vulnerable to criminal acts in the Indonesian sea area. On this basis, the authors conducted a study with the aim of analyzing the investigative authority of the Indonesian Navy against narcotics crimes based on legal principles in and through the Indonesian sea. The results showed that the Navy has the authority to investigate at sea, but for narcotics cases it has not been given the authority. The right form of law as the basis for the use of a forum for regulating the authority of the Indonesian Navy in the matter of narcotics smuggling by foreign-flagged ships in Indonesian seas, namely the Government immediately amending Law Number 5 of 1983 concerning Indonesia's EEZ by adding the authority of the Indonesian Navy as investigators without reducing its authority owned by the National Police or the National Narcotics Agency in the investigation of narcotics smuggling

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