YURISDIKSI : Jurnal Wacana Hukum dan Sains
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
178 Documents
<![CDATA[Traditional Society Assessed From Legal Sociology ]]>
<![CDATA[Bagus Kurnianto]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Protection Against Taxpayers After Entirement of Automatic Exchange of Information ]]>
<![CDATA[Moh Saleh]]>;
<![CDATA[Any Palaud]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Protection For Taxpayers In The Tax Examination Process ]]>
<![CDATA[Moh Saleh]]>;
<![CDATA[Handriono]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Efforts of Justice Collaborator In Corruption Crime ]]>
<![CDATA[Ferry Vincentius]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Gap In The Determination of Moderate Wound By Forensic Doctors On Visum Et Repertum In Criminal Case ]]>
<![CDATA[Wahyu Putra Pratama, S.Kep]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[Development of Regulations And Procedures And Constraints In The Process of Criminal Procedures In The Corona Virus Pandemic (Covid-19) ]]>
<![CDATA[Didit Agung Nugroho]]>;
<![CDATA[Denny Iswanto]]>;
<![CDATA[Masrun]]>;
<![CDATA[Oula Dewi Nurlaily]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Remedies of Victim of Online Sales and Buying Fraud and Authority To Block Account of Criminal Banks ]]>
<![CDATA[Annas Huda Sofianuddin]]>;
<![CDATA[Ferry Hary Ardianto]]>;
<![CDATA[Sulfikar]]>;
<![CDATA[Eko Budisusanto]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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.]]>
<![CDATA[The Authority of The Indonesian Navy In Conducting Investigations of Criminal Acts of Narcotics Through The Indonesian Sea ]]>
<![CDATA[M.Iqbal]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[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]]>
<![CDATA[Labour Policy For Overcoming The Impact of Covid-19 ]]>
<![CDATA[Sulistyani Eka Lestari]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[During the Covid-19 epidemic pandemic, the government has done a lot of policies, in order to overcome the widespread corona virus outbreak and reduce the number of victims. In dealing with the Covid-19 outbreak, the government issued several policies, one of which was the Circular of the Minister of Manpower Number M / 3 / HK.04 / III / 2020 regarding guidelines for Labor Protection and Business Continuity in Prevention and Subscription Coordination. However, this Circular Letter is deemed insufficient to solve labor problems during the Covid-19 pandemic.The Minister of Manpower circular is deemed inappropriate if the government regulates the labor sector in dealing with Covid-19 only through the Minister of Manpower's Circular Letter. The government should issue better policies such as Ministerial Regulations or higher so that they have the authority and binding force. Government policies on employment must be able to provide guidance and clarity for industrial relations actors in facing the current Covid-19 pandemic.]]>
<![CDATA[Legal Aspects of House Sales Agreement With Inhouse Method ]]>
<![CDATA[Dian Yunari]]>;
<![CDATA[Moh Saleh]]>
<![CDATA[ YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 1 (2021): Juni ]]>
Publisher : <![CDATA[Faculty of Law, Merdeka University Surabaya ]]>
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<![CDATA[House buying and selling can be performed with cash or installments through bank or KPR/PPR. In addition, a method of buying and selling houses between housing developers and buyers by installments can be also done without mortgage process called inhouse system. The purpose of this study is to determine and analyze the legal aspects of the house sale and purchase agreement using the in-house method. A house sale and purchase agreement and land rights must pay attention to the elements of Article 1320 BW regarding the validity of an agreement. Buyers are required to check the legality of a housing development company and the legality of the housing unit to be built. Prospective buyers are expected not to be tempted by prices far below the housing market price, even though the company offers credit facilities without usury and bank mortgages. It's a good idea for buyers to make transactions if the building has been built, although partly to avoid fraud by the developer. To prevent development companies that do not comply with statutory regulations on settlements, the Regional Government should supervise and enforce the law regarding the legality of housing and infrastructure development, facilities and utilities as well as other environmental permits so that buyers' rights can be fully guaranteed.]]>
