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INDONESIA
YURISDIKSI : Jurnal Wacana Hukum dan Sains
ISSN : 20866852     EISSN : 25985892     DOI : -
Core Subject : Social,
Arjuna Subject : -
Articles 24 Documents
Legal Supervision And Enforcement In Environmental Law Under The Law Number 32 Year 2009 On Environmental And Protection Management Susanto, Hery Agus; Susilo, Daniel
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 10 No 1 (2017): September 2017
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

With La w s upervis ion and enforcement  in Environ mental Law, e le ments  of the environment can be res olved, including elements of cons ervation, s ocial culture and phys ical. Ele ment of conservation (biotic) is ele ment of the environment that cons is ts of a living creature, s uch as a human, anima ls , plants and  mic roorganis ms . Socia l and  Cultura l  Ele ment  is  a s ocial-cu ltural environ ment  created  by  human beings     which     is     a    s ys tem     of     values ,     ideas     and     beliefs     in     behavior     as     s ocial beings. Phys ical Ele ments (abiotic) cons is ts of non-liv ing objects  including  s oil, water, a ir, climate and other elements . The three elements  mus t be maintained  and pres erved from environ mental da mage and pollution. Govern ment is res pons ible for the welfare of his people and has a fundamental res pons ibility in realizing     the    formation     of    environmental     cons ervation.      Protection     and     Management     of law inc ludes Planning, Ut ilization, Ma intenance Controlling, Monitoring and La w En force ment.
Rehabilitation For Addicts For Victims To Spike Narcotics In The Penal System Adi Wibowo, Priambodo; Kurnia H, Sinarianda
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 10 No 1 (2017): September 2017
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Ratio decidendi in the decis ion fo r the rehabilitation of drug addicts is the judge cons idering the health condition of drug addicts in the decis ion making. The health condition of drug addicts known by reques ting information fro m the doctors ass ociated with the dis eas e and how to handle. In addition to the health of drug addicts , the ratio decidendi in the decis ion on rehabilitation  is to  meet the criteria that addicts are victims , the abus e of drugs for thems elves , not dealers , and personal poss es s ion of drugs . Ius cons tituendum as criminal  law as pired are calls  for legal protection  to drug addicts . Legal protection is realized  by way of cla rifying the characteris tics  of drug addicts  as victims  that dis tinguishes  between addicts  with  dealers , as  well as  clarify  the  owners hip  category.  Legal p rotection  is  als o  realized  by providing  a s ufficient  rehabilitation  in human res ources , facilities  and s ys tems . Recommendations  from the results of this s tudy are s etting penalties for abus ers of drugs s hould be revis ed and lead to as pects of treatment  for  drug  addicts ,  which  is  realized  with  the  rehabilitation  of  drug  addicts  as  an  attempt depenalitation. This is cons istent with the concept of s elf-victimizing victims . BNN, Min is try of Hea lth, IPW L and commun ities  s hould participate  actively  in the imple mentation  of rehabilitation  by building ins titutions of rehabilitation.
Authority of Land Procurement Committee In The Implementation of Compensation For Land Acquisition Roesli, M.; Heri, Asep; Rahayu, Siti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 10 No 1 (2017): September 2017
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

The  enactment  of the  Bas ic Agrarian  Law  in  Indones ia  creates  dualis m in  land  law that  is s ourced fro m cus tomary law and on wes tern la w. The Bas ic Agrarian  La w ends the dualis m and creates the unification of our national land la w. In the cons ideration of the Bas ic Agrarian La w it is s tated that the need for a national agrarian law, bas ed on cus tomary law on land. In addition, article 5 of Bas ic Agrarian La w  s tates  that  national  land  law  is  customary  la w;  it  indicates  a  func tional  relations hip  between customary la w and national land law. In the development of national land law, cus tomary la w s erves as a prima ry s ource in taking the neces sary materials . Re lated to pos itive national law of land, cus tomary law norms  s erve  as  comple mentary  la ws . In  s olving  the  problem,  the  author  us es  a sociological  jurid ical problem approach to des cribe and analyze proble ms bas ed on legal provis ions and legal facts prevailing in the wider co mmunity. The res ults is then clas s ified and materia l tha t can be us ed as to solve problems is determined  .
Bank Indonesia Policy In Critical Settlement of National Banking Yustianti, Surti; Komar, Syamsul
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 10 No 1 (2017): September 2017
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

This  s tudy aims  to  determine  res pons ibility  for  the  meas ures  taken  by  Bank Indones ia  in accordance  with its authority  and pos ition ass igned to Bank Indones ia offic ials . Policy  made by Bank Indones ia  can  be  right  or wrong  with  the  principles of  prudence and  in  good  faith. Bank  Indones ia offic ia ls have authority related to their pos itions . If there is an element of bad faith and lack of prudence in their authority that res ults in financia l los s es of the s tate, thes e policies can be categorized as a crime in the banking s ector. If a Ban k Indones ia officia l made a mis take  in  imple menting  the policy, he holds authority and pers onal res pons ibility.
Confiscation of Corruptor Assets Based UU 8 Year 2010 about Prevention and Eradication Of Money Laundering In National Criminal Law System Bayuaji, Rihantoro; Hidayat, M.
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 10 No 1 (2017): September 2017
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Confis cation of corruptor ass ets cannot be performed arbitra rily. It mus t adhere to the s pirit of the TPPU Law, which means that law enfo rce ment officers in s eizing as s ets of the offender is s till obliged to refer to the philos ophy of TPPU La w to track the wealth of crimes . It means the Confis cation of ass ets us ing legal instruments  of TPPU law s hall be proven in predicate crime . Related to principle of jus tice, corruption  cas e happened to Irjend. Pol. DjokoSus ilo is one exa mp le whos e ass ets were deprived  under the pretext of us ing the TPPU La w as a bas is for confis cation which ultimately  deprived. However,  it turned out that in the law enforcement process , some of his as s ets could not be proven to obtained from a crime  o r not. Obvious ly  law enfo rce ment  clearly  cras hed  human  values , and  Human  Rights  (HAM), which in fact the whole values are part of the value of jus tice, es pecially the dignified jus tice that is part of the Pancas ila philos ophy. In the future, la w enforce ment obliged to res pect human rights .
Corporate Accountability In Crime of Licensing By Law Number 10 of 1998 On Banking Nugroho, Bastianto; ., Sumarso
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 10 No 1 (2017): September 2017
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Corporate development  as development  actors increas ingly play an important  role in people's lives . Therefo re doubts in the pas t to place the corporation as a s ubject of criminal la w to co mmit criminal acts  and accountable  in criminal  law, has now s hifted. T he doctrine of non potestdelinquere university (the  corporation   may  co mmit  a  c riminal  offens e)began  to  be  abandoned  by  accepting  corporate res pons ibility as a ma ker o f criminal offens es in addition to the natural man. Determination of corporate res pons ibility as a ma ker of criminal offens es in the criminal law s ee ms to have become demands of the times who could not be ignored to improve the state's res pons ibility to manage our increas ingly comple x s ociety, as it appears in the manus cript draft Penal Code wh ich have reached the s tage of receiving and formulat ing the corporation as s ubject follow criminal and criminally res pons ible. Pole mics appear along es pous ed  corporate  respons ibility   in  crimina l  law.  For  that  planning   mus t  include  planning  and enforcement a imed at provid ing legal protection for people agains t la wles s nes s and crime. Als o keep in mind  that the development  of society  and  modernization  brings  great  influence  in the  makeup  of the community  was included  in the law.This  res earch us e method approach of law(statuteapproach) and the conceptual  approach (conceptualapproach).Approach  legis lation(statuteapproach) that s olve the s olution of  the  question  by  relying  on  the  provis ions  of  the  legis lation  and  regulations  relevant  conceptual approach(conceptualapproach)that   s olves  the  ans wers  to  the  formulat ion  of  the  proble m pos ed  by referring to the concep t of legal principles re levant.
Juridical Review of Decriminalization on Efforts to Cut Drugs Users’ Addiction In Indonesia ,, Haniyah; Hidayat, M
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 11 No 2 (2018): March 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

As a developing country with a large population and strategic location , Indonesia has become market place for world's drug circulation. The number of victims is higher year by year. Drug victims are victims of abuse of narcotics that basically violate government regulations. So far, drug addicts in Indonesia are subject to criminal sanctions, yet from year to year the criminal sanctions applied to the victims of drug addicts have not decreased even on the contrary increasing sharply causing the emergence of drug emergency in Indonesia. The present research applies normative juridical review by providing descriptive analysis based on the data so as to provide arguments on realities that exist to provide an overview of solution. The government continues to reduce the number of victims of drug addicts, through the implementation of government decriminalization policy for victims of drug abuse and government policy on the implementation of the obligation to report for drug addicts to the receiving institutions for obtaining rehabilitation. Decriminalization policy has not been able to break the circulation of the drug chain in Indonesia as there are other factors that have not been able to be performed optimally in breaking the circulation of drugs in Indonesia.
Due to The Law of Property Ownership Certificate (Shm) Site of More Than 5 Plots Iswahyudi, Gesang
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 11 No 2 (2018): March 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Purpose of this paper is to determine the existence and understand the limitations of property ownership of more than 5 (five ) parcel of land plots relating to the site. State regulating land ownership with the status Certificate of Land Ownership (SHM), where people can only have a maximum of five (5) areas, or the total area of the SHM ownership of no more than 5000 m2 (Five thousand square meters) and That restrictions on land ownership as mandated by Article 7, Article 17 in this case regarding non-agricultural property till now there is no restriction, or no regulation concerning the maximum limit of non-agricultural land property rights. The setting of this case as stated in the Decree of the State Minister of Agrarian Affairs / Head of National Land Agency Number 6 of 1998 on the Granting of Property Rights to Land for House Live. Basic implementation is the treatise consideration plots tread head of BPN RI regulation no. 1 In 2010, dated January 25, 2010. The results of this paper are In order to achieve what is set forth in article 33, paragraph 3 of the Constitution in 1945 the BPN in this case must issue rules concerning restrictions on non-agricultural land property rights more comprehensive and complete in order to prevent and take action if there are groups or parties that accumulate land property rights of non-agricultural, should establish regulations governing the restriction of property rights of non-agricultural formulated-rumusanyang together with the provisions of the restrictions on the land, for example, divide the category of land property rights of non agriculture based strategic area or is not strategic and so that individuals and entities the national land (BPN) to each of limitations of ownership by a person to land his property, so can the implementation of landreform and enacting Law No. 5 of 1960 on Basic Regulation of Agrarian (Basic Agrarian Law) ditelah expected, in relation to the utilization of city planning, site plans is one means of controlling and regulating the use of urban space, and as a driver of regional development optimally, due to site plan contains basic guidelines for area planning, construction planning, area managers, building owners, users or occupant as well as the others associated with the region in preparing and managing a regional part of an operational nature and binding. to resolve this matter roads that can be taken by the owner / individual if you want to file a certificate solution in accordance with his wishes (although more than 5 fields) is to submit a certificate as well as propose the process of solving the tread plots to the National Land Agency (BPN).
Notary Liability That Does not Pay Bea Acquisition of Land And Building For Application Process Rights to Building Wijaya Jati, Akta Kusuma
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 11 No 2 (2018): March 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Purpose of this paper is to determine whether the Notary authorized to make the deed of release and granting of land rights and whether Notary authorized to receive money deposits that are deposited from client BPHTB. The conclusions are as follows: Notaries have the authority to make the deed land rights, the release of land rights held, whereas subjects that require land does not qualify to be the holder of the rights to the land necessary so it can not be obtained with the purchase and land-rights holders are willing to relinquish their land rights. PT. Pawnshops do not qualify as holders of land titles it releases, so the release was not carried out in the presence of PPAT, but in the presence of a notary as public officials who have the authority a deed covenant (covenant waiver of land on ownership status). Notary authorized to receive money deposit BPHTB deposited from client, given notary as a public official in increasing source of state revenues from taxes, notary also plays a major role because they are assigned to investigate had paid income tax (VAT) of revenue as a result of transfer of rights over land and Customs Acquisition land and Building before a deed, this means that if client are not paying taxes to the Tax Administration, client can leave a notary public also plays a major role because they are assigned to investigate had paid taxes due to the transfer of rights over land and Customs Acquisition rights to land and Building.
The Criminal Liability of The Defamation Perpetrators Against The President or Vice President After Having The Court Decision Number Constitutional 013-022 / Puu-Iv / 2006 Ulima, Dyas Tazza
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol 11 No 2 (2018): March 2018
Publisher : Law Faculty of Merdeka University Surabaya

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Abstract

Base on the interest to Realize the goals of the state, Indonesia Gives the power to the president as the representative of the state to run the government rate and its existence is highly protected. One of the Efforts to protect the president and vice president is by setting the criminal sanctions Relating to crimes againts the dignity of the precident or vice president of the which stipulated in Article 134, 136 bis and 137 of the Criminal Code. However, there must be a deeper study with the application of Reviews These provisions. It is Because there are some shifts have happended towards the provisions after having the Constitutional Court Decision Number 013-022 / PUU-IV / 2006. Formulation of the problem in this research is about the rule and the criminal liability of the perpetrators defamation against the president or vice preseident after having the Constitutional Court Decision Number 013-022 / PUU-IV / 2006. The method used is the which is legal research with statute approach, conceptual approach and comparative approach, through a comparison of the Criminal Code in the Netherlands, Germany and Thailand. The result in this reasearch shows that after the Constitutional Court Decision Number 013-022 / PUU-IV / 2006, the rule defamation against the president or vice president of the personal qualities addresed to be subject to the rules of Chapter XVI Criminal Code. In the case of defamation addresed to the president or vice president as an official of the State, be subject to the rules of Article 207 Criminal Code. In addition to the Criminal Code, the rules can be applied Also regulated under the Broadcasting Act and the Information and Electronic Transactions Act. Moreover, the subject of the which can be burdened with the criminal liability is an individual (base on the rules in the Criminal Code and the Broadcasting Act); individual and corporation (base on the rules in Information and Electronic Transactions Act);

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